Results 1 to 10 of 10
  1. #1

    Default Is an Officer Required to Appear for a Hearing on a Red Light Camera Ticket

    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?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: California Red Light Ticket Officer Appearance Required

    Quote Quoting Karuza
    View Post
    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?
    Is he REQUIRED to appear? If subpoenaed, he will be expected to appear. If he doesn't appear in obedience to a subpoena, the court MAY choose to dismiss - and probably will, but the court is not required to dismiss it.

  3. #3
    Join Date
    Jan 2012
    Location
    Silicon Valley
    Posts
    532

    Default Re: Is an Officer Required to Appear for a Hearing on a Red Light Camera Ticket

    Quote Quoting Karuza
    View Post
    Is the officer whom signed the red light camera ticket required to appear in court?
    No.

    Quote Quoting Karuza
    View Post
    Is the judge able to find the defendant guilty without an officer present?
    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.

  4. #4

    Default Re: Is an Officer Required to Appear for a Hearing on a Red Light Camera Ticket

    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.

  5. #5
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Is an Officer Required to Appear for a Hearing on a Red Light Camera Ticket

    Quote Quoting Security Consultant
    View Post
    the court officer will read the citing officer's notes regarding the citation.
    Really? In all my years in a CA court, I've never done that ONCE.

  6. #6

    Default Re: Is an Officer Required to Appear for a Hearing on a Red Light Camera Ticket

    Quote Quoting CourtClerk
    View Post
    Really? In all my years in a CA court, I've never done that ONCE.
    Let me explain this a little better. You are thinking as an employee of the court. I was thinking as a police officer, representing the police agency/officer that wrote the citation, reading the facts of the citation in court. And, I have done that countless times.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Is an Officer Required to Appear for a Hearing on a Red Light Camera Ticket

    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!

  8. #8
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Is an Officer Required to Appear for a Hearing on a Red Light Camera Ticket

    Quote Quoting Security Consultant
    View Post
    I was thinking as a police officer, representing the police agency/officer that wrote the citation, reading the facts of the citation in court. And, I have done that countless times.
    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.

  9. #9
    Join Date
    Jan 2012
    Location
    Silicon Valley
    Posts
    532

    Default Re: Is an Officer Required to Appear for a Hearing on a Red Light Camera Ticket

    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.

  10. #10
    Join Date
    Jun 2014
    Posts
    1

    Default Re: Is an Officer Required to Appear for a Hearing on a Red Light Camera Ticket

    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?

    1. Sponsored Links
       

Similar Threads

  1. Lights, Signs and Traffic Controls: Illegal U-Turn Ticket, Shortly After Receiving a Red Light Camera Ticket
    By heavymetalqueen in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 05-21-2014, 11:11 AM
  2. Lights, Signs and Traffic Controls: Can You Challenge a Red Light Camera Ticket Based on Later Removal of the Camera
    By mikeypx82 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 15
    Last Post: 01-31-2014, 05:26 PM
  3. Hearings and Trials: What to Do at a Hearing on a Red Light Camera Ticket if You're Not the Driver
    By docusign1234 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 01-29-2013, 07:53 PM
  4. Lights, Signs and Traffic Controls: How to Fight a Red Light Ticket Issued by a Red Light Camera
    By Deion37 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 10-01-2012, 10:24 AM
  5. Hearings and Trials: Red Light Camera Admin Hearing - Tape Recording
    By rdubs in forum Moving Violations, Parking and Traffic Tickets
    Replies: 12
    Last Post: 12-16-2010, 01:16 AM
 
 
Sponsored Links

Legal Help, Information and Resources