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  1. #1
    Join Date
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    Default Re: Red Light Camera Violation in Riverside, Ca. How to Contest

    Quote Quoting J. Alfred Braun
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    I do not see an Answer to the basic question posed by the OP

    Quote : " How to Contest a Red Light Camera Violation Ticket "

    Short answer ...

    the Remedy lies in the 6th Amendment

    CONFRONTATION

    ''The primary object of the constitutional provision in question was to prevent depositions of ex parte affidavits . . . being used against the prisoner in lieu of a personal examination and cross- examination of the witness in which the accused has an opportunity not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief'' 145 The right of confrontation is ''[o]ne of the fundamental guarantees of life and liberty . . . long deemed so essential for the due protection of life and liberty that it is guarded against legislative and judicial action by provisions in the Constitution of the United States and in the constitutions of most if not of all the States composing the Union.'' 146 Before 1965, when the Court held the right to be protected against state abridgment, 147 it had little need to clarify the relationship between the right of confrontation and the hearsay rule, 148 inasmuch as its supervisory powers over the inferior federal courts permitted it to control the admission of hearsay on this basis. 149 Thus, on the basis of the Confrontation Clause, it had concluded that evidence given at a preliminary hearing could not be used at the trial if the absence of the witness was attributable to the negligence of the prosecution, 150 but that if a witness' absence had been procured by the defendant, testimony given at a previous trial on a different indictment could be used at the subsequent trial. 151 It had also recognized the admissibility of dying declarations 152 and of testimony given at a former trial by a witness since deceased. 153 The prosecution was not permitted to use a judgment of conviction against other defendants on charges of theft in order to prove that the property found in the possession of defendant now on trial was stolen.

    in other words---

    the "Ticket " is uncorroborated , un Verified ....Hearsay

    and is not admissible in a real Court
    Sadly, you're confusing the "ticket" which gets "filed" in court with "evidence" which is "admitted" with the court.
    The "ticket" is not "evidence" so how can it be "hearsay"?
    The ticket is merely the charging document... The evidence, well that comes later!

    But what you've posted here makes little sense and obviously, falls short of answering anything remotely close to "how to Contest a Red Light Camera Violation Ticket?"

    Little details but until you get them right, you're bound to get yourself -or anyone who follows your advice- into deeper trouble!

  2. #2

    Default Re: Red Light Camera Violation in Riverside, Ca. How to Contest

    Quote Quoting That Guy
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    Sadly, you're confusing the "ticket" which gets "filed" in court with "evidence" which is "admitted" with the court.
    The ticket is merely the charging document... The evidence, well that comes later!

    But what you've posted here makes little sense and obviously, falls short of answering anything remotely close to "how to Contest a Red Light Camera Violation Ticket?"

    !
    I hope my keyboard is still good, after I just spilled coffee all over...

    because I was laughing so hard ...

    You ... are stating that there is " evidence " to enter in this Case.?? bwaaaahahaha ...

    as well as a Charging Instrument, Verification, Information ..???

    that " ticket " meets NONE of those descriptions ..

    You know it

    I know it

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Red Light Camera Violation in Riverside, Ca. How to Contest

    Quote Quoting J. Alfred Braun
    View Post
    I hope my keyboard is still good, after I just spilled coffee all over...

    because I was laughing so hard ...

    You ... are stating that there is " evidence " to enter in this Case.?? bwaaaahahaha ...

    as well as a Charging Instrument, Verification, Information ..???

    that " ticket " meets NONE of those descriptions ..

    You know it

    I know it
    Oh, the keyboard still works... It does seem however that there is a defective brain behind it!

    Ignorance is bliss.... And you must be laughing at the silliness you're posting.

    For one, I did not refer to it as a "charging instrument" nor did I discuss "verification" or "information"... But I do understand that you and your type don't understand what's going on and the only way you can get a word in edge wise is if you memorize this crap and recite it as a script!

    I will simply post this one vehicle code section, which should prove you have no clue what you're talking about...

    Anything else that you post from here on is meaningless, but still knock yourself out:

    California Vehicle Code Section 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.

    I realize its difficult for you to understand these code sections so this is what this one says: The "ticket" ---> also known as ----> Notice to Appear ----> and if/when it is completed as described above ---> and when filed in court ----> constitutes a "complaint"!

    To summarize, "a ticket" is a "complaint"!

    Now, if that is difficult for you to understand, you're on your own! I cannot simplify it any more for you!

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