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Would Being Prosecuted for a Red Light Camera Ticket Be a Violation of Civil Rights

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  • 12-01-2012, 12:32 PM
    matt4200
    Would Being Prosecuted for a Red Light Camera Ticket Be a Violation of Civil Rights
    My question involves civil rights in the State of: CA

    Got a red light camera ticket a couple of months ago, court date is coming up just wondering if being prosecuted for such a thing would violate my 6th & 14th amendment rights to both confront my accuser and cross examination?

    Thoughts?
  • 12-01-2012, 12:33 PM
    Mr. Knowitall
    Re: Would Being Prosecuted for a Red Light Camera Ticket Be a Violation of Civil Righ
    Nope. If you want to contest the ticket, you can contest the ticket.
  • 12-01-2012, 12:53 PM
    matt4200
    Re: Would Being Prosecuted for a Red Light Camera Ticket Be a Violation of Civil Righ
    Wait so it would not be considered a violation of an individuals 6th and 14th amendment rights?

    Could you elaborate on this I'd like to be more knowledgable in this area.

    Thank you
  • 12-01-2012, 12:54 PM
    jk
    Re: Would Being Prosecuted for a Red Light Camera Ticket Be a Violation of Civil Righ
    Quote:

    Quoting matt4200
    View Post
    My question involves civil rights in the State of: CA

    Got a red light camera ticket a couple of months ago, court date is coming up just wondering if being prosecuted for such a thing would violate my 6th & 14th amendment rights to both confront my accuser and cross examination?

    Thoughts?

    has technology advanced that far? after all, if you are suggesting the camera is your accuser and you would like to cross examine the camera, it must have become sentient life.

    If it hasn't, what the camera provides is EVIDENCE of your crime; nothing more.
  • 12-01-2012, 01:07 PM
    matt4200
    Re: Would Being Prosecuted for a Red Light Camera Ticket Be a Violation of Civil Righ
    In a criminal case you have the right to confront your accuser....in a typical case that would be the officer citing you... Who would be accusing you in a red light ticket case then? Who is saying yes I saw him commit the crime at this date and time and would I be able to cross examine them at trial?

    If not then it would most definitely be a violation of civil rights

    - - - Updated - - -

    The camera is the only witness against me though, and since you can't confront a camera what would happen?
  • 12-01-2012, 01:20 PM
    free9man
    Re: Would Being Prosecuted for a Red Light Camera Ticket Be a Violation of Civil Righ
    The camera is NOT the witness. The witness is the person reviewing the camera and approving the ticket.
  • 12-01-2012, 01:25 PM
    cdwjava
    Re: Would Being Prosecuted for a Red Light Camera Ticket Be a Violation of Civil Righ
    The "Accuser" at court will be a human being. An officer, a technician, or someone who evaluated the image from the camera. The camera is NOT the accuser.

    Do you really think that if this was an avenue of defense that someone would not have tried this already?
  • 12-01-2012, 01:31 PM
    free9man
    Re: Would Being Prosecuted for a Red Light Camera Ticket Be a Violation of Civil Righ
    I believe it has been tried, repeatedly. Apparently it's not a winning strategy.
  • 12-01-2012, 02:28 PM
    jk
    Re: Would Being Prosecuted for a Red Light Camera Ticket Be a Violation of Civil Righ
    Quote:

    Quoting matt4200
    View Post
    In a criminal case you have the right to confront your accuser....in a typical case that would be the officer citing you... Who would be accusing you in a red light ticket case then? Who is saying yes I saw him commit the crime at this date and time and would I be able to cross examine them at trial?

    If not then it would most definitely be a violation of civil rights

    - - - Updated - - -

    The camera is the only witness against me though, and since you can't confront a camera what would happen?


    the camera is not and cannot be a witness. It is not a sentient being therefor is cannot be a witness. The images from the camera are evidence to be used against you in your trial.
  • 12-01-2012, 02:49 PM
    matt4200
    Re: Would Being Prosecuted for a Red Light Camera Ticket Be a Violation of Civil Righ
    So the person I would cross examine at trial would be the technician? And would he have had to been at the monitor the minute the photo was taken or could he simply be an individual reviewing tapes a couple weeks afterwards?
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