Red Light Camera Ticket With a Blurry Photo
My question involves a traffic ticket from the state of: California, West Los Angeles
I received my first ever moving violation. It was a roll through red light right turn at 9:14 PM. Since I have never had any moving violations I can go to traffic school but an attorney told me to try to contest it by doing trial by written declaration based on CVC section 210 on grounds for blurry picture. I was looking left yielding so it is the side of my face mostly my cheek and it is very blurry.
My question is do tickets get dismissed often based on blurry picture? Should I just do TBWD first and if found guilty then try to go to traffic school? Or should I just try to go to court and tell them I'm 26 been driving for 10 years with a perfect driving record not one single moving violation and see if they reduce the fine and let me go to traffic school? If I do any of the above, will any of it waive my right to go to traffic school
Thanks for your help
Re: Red Light Camera Ticket CVC 21453(A) Blurry Photo
A red light penalty is a mandatory fine and the judge has no discretion in lowering it.
If the photo blurry, it is the only evidence the plaintiff has in establishing you were the driver. You get that photo suppressed and they now have zero evidence to convict you.
210 VC - An "automated enforcement system" is any system operated by a
governmental agency, in cooperation with a law enforcement agency,
that photographically records a driver's responses to a rail or rail
transit signal or crossing gate, or both, or to an official traffic
control signal described in Section 21450, and is designed to obtain
a clear photograph of a vehicle's license plate and the driver of the
vehicle.
Obviously your license plate was clear but in bold is the word "and". This requires the two to be met to be valid.
Good luck.
ps. not a big fan of photo enforcement.