inadmissible hearsay

[DRxBMW]

For those who hate redlight cameras...
Recent case in California overturning validity of a red light camera. Here's the case which is fairly easy to read.

http://www.thenewspaper.com/rlc/docs/2010/ca-khaled.pdf

Judge ruled that these photos were not only inadmissible hearsay, but violated the defendants right to confront his accuser.

In CA this now theoretically means, that if a municipality wants these tickets to stick, they would have break or renegotiate the contract with the private firms running the systems and then pull cops off regular duty to take pictures. Never happen. The ramifications of this appeals decision are going to be, potentially, huge in CA.

I HATE friggin cameras,there are times when one can NOT stop safely,tailgater,road surface,etc.  An auto ticket by mail SUCKS !

[Ocelot]

Yabbut... How's the constabulary going to make their budget without these automagic money makers? City of Newark put two in near us ... one about half a mile from here, the other a half mile farther. Sucked up 1.7 million the first year. What next? Well, they shortened the yellow on the nearest one. Rest of the yellows in the county are maybe five seconds; this one is maybe three now. Then they made the farther one erratic. Sometimes, the left turn lets nine or a dozen cars thru; other times only one. Got to make the budget one way or another.

[frogy]

At least the cameras are digital.Think of the cost if cameras used film,they'd have to put up more cameras to cover the cost of developing ;D

[Ocelot]

They only use film in developing countries.

ba dump dump

[WayneDW]

Minneapolis had these a few years ago.  They were making a bunch of money, including a donation from my wife when our daughter was driving her car.  Some lawyer was in a similar situation and decided to fight it just for the principle of the thing and a judge ruled that they were unconstitutional.  The city closed it all down and sent everyone back their ticket money.

 

[HCorn]

I wouldn't hold your breath about these going away.  That case in no way effects all redlight/speed cameras.  The problem with THAT case was there was no foundation laid to properly admit the video.  Had the state, in the initial case, have the proper witness testify as to how the video was maintained, produced, etc, the video evidence would be admissible.  At least that's my cursory (i.e. incomplete) reading of it.  There's a reason I haven't practiced law in 15 years!

I imagine the expense/resources involved in properly laying a foundation for this evidence for a $100 ticket is the reason why many municipalities don't asses points and merely fine the owner of the car (bypassing many criminal trial protections) and therefore just generate revenue. 

Nope - I don't think they'll go anywhere unless there is a grass roots proposition to prohibit them.  Unfortunately, the only "grass roots" propositions I've ever seen actually get on the ballot when I was in California were all put forth by special interests. 

[johnny]