Re: West Hollywood Red Light Camera Gridlock Ticket
Well, it doesn't really go away.. Fact is, even if it is unenforceable, there are no provisions to just make it go away. Unless they enact a new law that it shall be removed from your record, it'll be on there, longer than you and I will be around!
Nope! You cannot enforce that via camera...
And with that, this is one that I would actually NOT ignore. I would fight this one!
Here is the code section that authorizes the use of Cameras:
40518. (a) Whenever a written notice to appear has been issued by a peace officer or by a qualified employee of a law enforcement agency on a form approved by the Judicial Council for an alleged violation of Section 22451, or, based on an alleged violation of Section 21453, 21455, or 22101 recorded by an automated enforcement system pursuant to Section 21455.5 or 22451, and delivered by mail within 15 days of the alleged violation to the current address of the registered owner of the vehicle on file with the department, with a certificate of mailing obtained as evidence of service, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea. Preparation and delivery of a notice to appear pursuant to this section is not an arrest.
There are no other California Vehicle Code provisions that I know of to enforce any other violations via photographic evidence!
And since I cannot find 22526 listed there, that citation is invalid and must be dismissed! (Fact is, it shouldn't even be filed in court - so I suspect this maybe a fishing expedition).
This is pretty simple, basic and should result in a dismissal at the arraignment. And like I said, it would be one I would challenge rather than ignore.
The risk is, if you get a hard headed judge who wants to enforce it, or one who won't dismiss at the arraignment or one who has no clue! So there are risks involved and I don't know if you want to take them.
With that being said, does it say to "contact the court" or does it say "Do Not Contact the Court"???
I am right 97% of the time... Who cares about the other 4%!