Red Light Camera Ticket After Failure to Stop

Here's what happened: I was making a right turn but didn't stop. So I got a ticket.

I sent the police an informal discovery request. For those who needs the copy of the letter and the proof of service form, e-mail me.

I am still amazed that City of Montebello in Los Angeles County actually honored my discovery request. They fedexed me 50 pages of document and a CD and wanted me to pay $14.95.

Question is can I get the fee waived? I need to save money to pay for ticket-$436, traffic school is an additional $64. I am thinking of calling the police to politely waive that $14.95 and tell him to please not show up at the court.

Another question: Can I still motion the court to dismiss the proof of evidence sent by the police since it was sent after the 20 days. In fact, I received it on the 30th day. But here is the problem, i sent the police certified mail with return receipts but the police never mail back the return receipt. I did receive return receipts from LA City and County District Attorneys though. I went on line and the tracking didn't show it was delivered. The only proof that I sent police the request 30 days ago was the Proof of Service which lists the dates at June 30, 09.

I have an arraignment coming up in September. I don't know why they can't just have a trial but needed to have an arraignment first.

So what do I do to get out now? All I am counting is for police to not show up.

here's my letter if you are interested. the police actually went through each item. They are fighting me hard on this one. Please help.

Pursuant to California Penal Code sections 1054 and 1054.1, and California Government Code section 26500, the defendant in the above-entitled matter does hereby request under discovery the following:

• A copy of the Project Report for the traffic signal in this case as required by the Manual on Uniform Traffic Control Devices, as modified by the California Supplement, (MUTCD) Section 4B.102.

• A copy of the Cooperative Agreement for the traffic signal in this case as required by MUTCD Section 4B.109.

• The names and addresses of all witnesses who may be called to testify against the defendant at the trial.

• All statements regarding this case, whether written or oral, made by any potential witness in this case, whether or not the prosecution intends to call them at trial. The contents of any such oral statements must be disclosed only to the extent that they are not presently contained in police reports or citations given to the defendant, but the People must disclose all additions to, deletions from, denials, explanations and clarifications of such statements contained in the police reports and citations, including all tangible evidence which relates to this case, whether or not the prosecution intends to introduce the evidence at trial.

• All handwritten notes and/or case memorandums, if any, made by any or agent or employee of the City's red light camera contractor, regarding the officer's, agent's or employee's conversations or interviews with witnesses and/or the defendant in the present case, or regarding his review of documents, citations and photographs, and any written report based on those conversations, interviews, or review of said materials.

• Copies of all photos or videos taken of the defendant or of the vehicle he is alleged to have been driving, at or near the time of the alleged violation in this case. This request includes, but is not limited to, copies of the photographs allegedly taken during defendant's alleged encroachment into the aforementioned intersection, and copies of the additional modified photo-enlargements depicting a close-up driver's image and a close-up license plate photo. Please assure that all copies of photographic materials (still or video) are the same resolution as the originals and have not been cropped or trimmed, and that all copies of videos are the same length and "frame rate" (frames per second) as the originals. Please also assure that if the original photos were "digital," the copies provided are also in a digital form.

• A copy of any contract in which the State agrees to provide traffic signal control system engineering services for the traffic signal in this case per MUTCD Section 4B.110.

• A copy of the Studies and Factors for Justifying Traffic Control Signals and all attendant Warrants for the traffic signal in this case as set forth in MUTCD Section 4C.01.

• A copy of the Signal Plan Schedules for the traffic signal in this case as required by MUTCD Section 4D.102.

• A copy of the most current Review of Traffic Signal Operations including timing records for the traffic signal in this case as required by MUTCD Section 4D.114.

• A copy of the Engineering and Traffic Survey as defined in pages 51 through 54 of chapter 2B used to set the speed limit which in turn determines the timing of the yellow light for the traffic signal in this case per MUTCD Table 4D.102 as required by Vehicle Code section 21455.7.

• A copy of the contract between the City of Montebello of Los Angeles County and the supplier of the automated enforcement system.
• Examination of any books, papers, documents, photographs, tangible objects or other physical evidence which the People intend to use in the trial or which were obtained or created in the investigation, initiation, or service of the case against the defendant (including proof of service, certificate of mailing, or other evidence of mailing). Copies of all exhibits, including any diagrams, charts, or system logs, the People intend to present at the trial. Defendant In Pro Per herein requests to make an appointment to view the original exhibits in advance of trial. Please also assure that if any provided photos were originally recorded "digitally," the photos under provided under this discovery also are in a digital form.
• Examination of all original photographs, digital images, superimposed images, transparencies, slides, diagrams, motion pictures and/or video tapes, composites or likenesses shown to or reviewed by witnesses and prospective witnesses in this case for the purpose of establishing the identity of suspects in the crime charged against the defendant; and all reports concerning the display of such to said witnesses.
• All reports of experts, police officers, service technicians, and investigators made in conjunction with the case involving the results of physical or mental examinations and/or scientific tests, including but not limited to the reports and results of those who examined the photographs, registration records, and data collected in order to request that prosecution be initiated in this matter, together with the reports and results of those who examined the technology and made any such conclusions that the technology was calibrated and/or in proper working order.
• All laboratory, technician and other reports concerning the testing and examination of said physical evidence. This request specifically includes the calibration and maintenance documents for the red light camera device(s) installed at the subject intersection (noted above), and the calibration and maintenance documents for the traffic signals at said intersection, with said records to include 366 days prior to the instant violation and thirty days subsequent thereto. This request also specifically includes all documents pertaining to signal light timing for all traffic signals at said intersection. This information should include copies of timing requirements, warrant requirements and specifications for all yellow light phases at said intersection. It should also include copies of any changes or alterations in light phase duration since the installation of the traffic signal lights, including any changes in light phase duration since the installation of the automated enforcement system at said intersection.
• Investigation, maintenance, and repair reports pertaining to this case or other photo enforcement cases that allegedly occurred within one month before and one month after the alleged violation in this case, whether written or oral, by the office of the city attorney, the City’s police department, the City’s red light camera contractor, or any other investigators, technicians, subcontractors, or repair workers.
Please note: PC 1054.1 uses the imperative, “shall disclose.” The only place in the law where we find any choice in this matter is in Government Code 26500, which states in part:
The public prosecutor shall attend the courts, and within his or her discretion shall initiate and conduct on behalf of the people all prosecutions for public offenses. (emphasis added)
Obviously the public prosecutor would not violate the law, therefore we will have to interpret a failure to provide the documents requested under discovery as an exercise of the discretion provided for in GC 26500 and a decision not to prosecute this case.
This request is made on this the 30th day of June 2009.

The following is disclosed to you pursuant to Penal Code Section 1054.3:

• NAMES AND ADDRESSES OF WITNESSES (OTHER THAN DEFENDANT) WHO WILL TESTIFY AT TRIAL:

NONE

• RELEVANT UNPREVILIEGED WRITEEN OR RECORDED STATEMENTS OF WITNESSES:

NONE

First of all, do NOT ask them to "waive" any fees. You have a right to discovery under the penal code and that is part of the prosecution's obligation. They have no right to ask you for anything.

So, did you get all of the discovery you asked for? If not, what did they omit?

OK. Thanks. So I will just ignore the fee then. I don't think they will submit me to collection agency.

I haven't checked carefully to see if they did omit anything. It's a lot of papers. My arraignment is on middle of September so I figure I have some time. I looked at the copy of my letter and they numbered each item I requested. They seem to intent on going after me.

But the main thing is they did send me the CD which shows the footage of me making the right turn without stopping.

But are you saying I can get the evidence precluded if they didn't send me everything I asked for? Can I also get the evidence precluded if they weren't sent within 20 days?

Thanks,

Here's a hint - they will submit it. There are certain discovery costs that are allowed to be charged to the defense by law. Normally, the citing agency will ignore it for small requests (e.g. 10 pages or less), but in this case a fee of $15 is justified. There are two ways you can learn this - the easy way or the hard way. I'd suggest the easy way on this one.

As for the delay with getting discovery, i don't think you'd get very far with it. You still have to establish that failure to comply with discovery harmed your ability to plan a defense. Considering that your arraignment is at least a month away, you'd have a tough time establishing that your case got prejudiced by a slight delay. As far as I can tell, the prosecution has complied with discovery and you're not going to make much of a headway trying to get a dismissal on this grounds.

Since you got popped for making a right without stopping, have you checked if you can use the free right turn defense? Basically, if there is a dedicated right turn lane with a raised island that creates a dedicated channel for vehicles making a right turn, you are only required to yield to other traffic rather than make full stop unless there is a traffic light to the RIGHT of the turn channel. Post a googlemaps link to the intersection along with the direction you were traveling.

I got a ticket for a rolling right turn as well recently.

I PM'd you diamente for the letter and form.

By the way, did you request an extension?
I got the ticket about a week ago and my due date is on the 3rd of September.

It's next to the Chevron gas station. I am at where black Dodge charger is next to the blue truck.

http://maps.google.com/maps?f=q&sour...,61.39,,0,7.14

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Quoting Kwang

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I got a ticket for a rolling right turn as well recently.

I PM'd you diamente for the letter and form.

By the way, did you request an extension?
I got the ticket about a week ago and my due date is on the 3rd of September.

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yeah, but I called the Montebello Police department today, who, btw, is very nice. The police told me 80% of the fee goes to the state. And they don't like the ticket either. The state is raising the fees on the tickets as well. I asked them if they will show up at the court, they said they have three people dedicated to the red light camera and will show up at the court.

I asked the police regarding the high fine. They said they can't reduce it but the judge can. I need to request it at the arraignment. He actually gave me a big help because I was going to wait until the trial to ask for fee reduced. Give the judge a good reason like I was making a right turn and not running straight through the red lights. Cars in other lanes were turning left and there were no pedestrians around so I was not endangering the public safety.

My letter is in the original message. the form is here https://calcourtforms.com/forms/ca/jc/pos040a.pdf

You don't have to print out every page. I don't think you need to print out the 3rd page.

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Quoting Kwang

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I got a ticket for a rolling right turn as well recently.

I PM'd you diamente for the letter and form.

By the way, did you request an extension?
I got the ticket about a week ago and my due date is on the 3rd of September.

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I have the exact same situation, in that I made a right hand turn at a red light without stopping. I was in Vista, CA, at the corner of Melrose and about a block away from the court house when it happened. My trial de novo date is set for September 25. I plan to tell them that it was my sister driving the car and she has gone back to the West Indies. Will I get in trouble for letting her drive my car without a license? Will her passport be revoke for driving in the US without a license? Can I just tell the judge that it was not me and leave it at that? The problem is that we look a lot alike, so seeing the video and picture will not necessarily prove it wasn't me. I would appreciate any advice.

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Quoting grapevines

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I have the exact same situation, in that I made a right hand turn at a red light without stopping. I was in Vista, CA, at the corner of Melrose and about a block away from the court house when it happened. My trial de novo date is set for September 25. I plan to tell them that it was my sister driving the car and she has gone back to the West Indies. Will I get in trouble for letting her drive my car without a license? Will her passport be revoke for driving in the US without a license? Can I just tell the judge that it was not me and leave it at that? The problem is that we look a lot alike, so seeing the video and picture will not necessarily prove it wasn't me. I would appreciate any advice.

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grapevines, please start your own thread.

Hello, I live in Northern California.
I received a red light camera snitch ticket. I am the registered owner of the car, but not the driver pictured.
I have read all of the other posts and also went to the links about "snitch tickets", but I just wanted to make sure that understand what to do now.
Since it is a "snitch ticket" and not me pictured, then I don't have to do anything right? Or would it be best to send a copy of my dirvers license and sign this document saying that it is not me? I understand that I am not obligated to inform them who the driver is, is that correct? And if I choose to not do anything at all, then what should I expect would happen?
Thank you in advance for your help.