My question involves a traffic ticket from the state of: California
Is the officer whom signed the red light camera ticket required to appear in court? Is the judge able to find the defendant guilty without an officer present?
My question involves a traffic ticket from the state of: California
Is the officer whom signed the red light camera ticket required to appear in court? Is the judge able to find the defendant guilty without an officer present?
No.
Depends. In order to find you guilty the People are supposed to establish certain foundational requirements about the AETS. They also have to authenticate the photographic evidence. This is usually accomplished by having an officer who is involved with the AETS program testify. However, there's no statutory requirement that law enforcement employee who issued your notice to appear actually show up in court. In a case where the officer witnessed someone commit a crime, he or she must be present in court to testify. Out of court statements would be hearsay.
However, in the Goldsmith decision that the Cal Supreme court handed down yesterday, it was clear that photographic evidence from an AETS cannot be hearsay and isn't subject to confrontation clause requirements. You can read all about it here.
If this is you first appearance, and you plead guilty or no contest, the court officer will read the citing officer's notes regarding the citation. If you plead not guilty a hearing will be set and the officer will need to appear.
I have never been present in a situation in California where another officer reads the officer's notes into the record. Such a thing would be hearsay and would - and should - be objected to by the defendant if even permitted by the court.
The court is free to consider what it will. The court should have the officer's citation and maybe even the officer's notes. They can choose to accept the defendant's statement and dismiss, accept it and still find guilty, or entertain a motion for dismissal as it wishes. But, I have never herd of a situation where another officer reads their notes or those of another officer's into the record as proof of the matter being attested to. Heck, I can't even do that in a serious criminal trial! the defense attorneys go nuts if you refer to your notes or a report without good cause!
OK. In all my years, I've never seen THAT happen either. So, in what county in CA does that happen? I'd be interested in knowing. Based on what you're saying, under what circumstance would someone "representing the police agency/offer" just be hanging around the courthouse with a copy of the citation in order to READ it anyway? Especially given the courthouses I'm familiar with generally service multiple agencies.
With all due respect, I don't think you folks are answering the question that the OP asked. The question is whether the officer who signed the AETS notice to appear must also appear in court. The violation was recorded by a camera or video camera, and not witnessed by any officer. There's no requirement that the person who attends court on behalf of the police department be the same person who issued the notice to appear.
Hi Karuza,
I'm actually asking you a question based on your closed thread regarding the two tickets in two different counties. Were you able to do traffic school for both?