UPDATE 10/19/2005: 9 months after the ticket, I got the appeal decision in the mail. I won!
Like many cities in California, San Francisco has been using Automated Enforcement Systems (a.k.a. “Red Light Cameras”) at many of its intersections for several years now. Although the stated purpose is (of course) for safety, the real reason is revenue. If you are the unlucky recipient of one of the citations in the mail (as yours truly recently was) then this website is for you. It explains your options and relates my experience with the San Francisco court system.
Your choices:
- The picture isn’t of you. The registered owner is who gets sent the ticket. If the picture is not of you, sign the attached affidavit saying that the picture isn’t of you. Don’t lie — you’re saying under the penalty of purjury that it’s not you in the ticket. DO NOT, however, TELL THEM WHO IS IN THE PICTURE. It’s their job to figure that out, not yours. Don’t rat out your friends and family.
- Pay it. If $371 is worth less to you than a lost morning in court, then just pay the ticket and move on. You may or may not want to do traffic school to keep the points from appearing on your license. While I’ve never done it myself, I hear the on-line version of traffic school is fairly painless.
- Trial + Traffic school. This is probably the best option for most people. Go to the clerk. Post bail (the amount of your ticket) and plead not-guilty.  Get a time for trial. SHOW UP ON TIME. When the court session starts, the clerk will allow you to have your fine reduced to only $50 if you take traffic school (with a $30 fee). For a total of $80, you’re done and the points are not added to your license. NOTE: If you’ve already done traffic school in the past 18 months, you’re not eligible to do it again. Sorry.
- Plead not-guilty. Lots of options here. You can skip the arraignment and demand your right to a speedy trial (within 45 days) by going to the clerk and posting the $371 bond. Sometimes, due to the short notice, the officer isn’t properly subpoenaed and won’t know that he/she needs to testify against you (this happened in my case). If the officer doesn’t appear to testify, your case is dismissed. Or, the officer could already be in court to testify against other people and will realize that she needs to testify against you too, and will testify anyway (yep, this happened to me).Or, you can go to your arraignment and plead not-guilty there. This gives you the chance to make pre-trial motions. This makes the process very drawn-out — expect your trial date to be many months in the future.
Pleading not-guilty
NOTE WELL: This takes a lot of time and will really try your patience. DO NOT EXPECT TO WIN. In fact, you should expect to lose. Sorry, but the trial court for traffic and other infractions in San Francisco assumes GUILT. Moreover, the red light camera systems are considered infallible and therefore beyond reproach. AGAIN, YOU WILL LOSE.
Don’t waste your time
- People often say that with traffic cases you should plead not-guilty and take your chances that the officer won’t show up. (If the officer doesn’t show up, your case is immediately dismissed.) I would agree with this strategy for all non-red light camera tickets. However, from what I can tell, the officers assisting with the red light camera prosecutions do not have normal police “beats”, and instead have a desk job, probably in the same building. This means they have a high liklihood of showing up.
- If you are planning to contend that you don’t run red lights, you are a safe driver, and you’ve never done it before, do not waste your time. (Most murderers haven’t murdered anyone before, either.) You will be found GUILTY. Your fine will be lowered to $300, but they won’t grant you traffic school. You are better off taking the $80 buy-off deal mentioned above.
- If you are planning to contend that the light was really yellow and the camera was wrong or broken, DO NOT WASTE YOUR TIME. You will be found GUILTY. I promise. Don’t forget the the cameras are considered infallible by the trial court judge. Even if it was broken!
Argue the law
While the cameras themselves might be considered infallible, the city has errored in the way they are set up and operated. You should expect to LOSE at trial even if you object to the evidence on these grounds. HOWEVER, these MAY help you get your ticket overturned in appeal. That’s right, if you want any chance of winning, you will have to APPEAL. This takes a lot of time and energy. If you’re fed up and willing to put in the time it takes to appeal, then go ahead and plead not-guilty. Otherwise, don’t waste your time and take the $80 buy-out deal.
What to do:
- Buy the book Fight Your Ticket in California from Nolo Press. Make sure you get thee one specifically for California.
- Go to the Hall of Justice (850 Bryant St.) with a copy of your citation many weeks before your trial. Parking hint: You can park on 6th street after 9am. so show up at 8:59 and you’ll have all the free parking you want. Otherwise you might have to pay the garages that charge $6 for the first 1/2 hour. Go to the 5th floor, turn right at the hallway, and go to the end. This is the Police Legal department. Tell the friendly officers (really, they have always been very friendly in this office) that you want to fill out an “Informal discovery request”. They will give you a short form. Fill it out, and the City’s “Photo prosecution packet” will be sent to you. This is exactly what they will present at trial, which is always a good thing to have beforehand.
Issues:
(For a good overview of many of these issues, read Highwayrobbery.net).
- The city has not property issued warning tickets as required by 21455.5. CVC (California vehicle code) 21455.5 allows cities to put up Automated Enforcement Systems if they follow the guidelines set forth in the statue. One of the statutes is that “Prior to issuing citations under this section, a local jurisdiction utilizing an automated traffic enforcement system shall commence a program to issue only warning notices for 30 days.” While most cities (I believe San Francisco is included) took this to mean warning tickets only needed to be issued 30 days before the first camera in a city, a recent court ruling in Southern California mandated that EACH camera is succeptible to the 30-day rule. At trial, I suggest asking the prosecution’s witness (the officer) if they issued only warning tickets for the first 30 days of YOUR camera’s operation.
- CVC 21455.5 also has very strict requirement with respect to intersection signage. 21455.5(a) basically says the city has to label an AES-enabled intersection from all sides. There is one exception: if they choose not to label the intersection from all sides, then it can “posts signs at all major entrances to the city, including, at a minimum, freeways, bridges, and state highway routes.” Note that San Francisco DOES NOT post the required signs on major city entrances like bridges, freeways, and state highway routes. Instead, they choose to label major freeway exits. This is not compliant with the letter or the spirit of the law. While some AES-enforced intersections ARE labeled with signage in all direction, many are completely un-labeled meaning the city is falling back on the fact that they think they’ve labeled the “freeways, bridges, and state highway routes”. If you bring this up at trial (as I did) expect to LOSE. By bringing it up at trial, though, you can use it in your appeal.
- Interesting pre-trial motions. Present them at your arraignment. They probably won’t work, but might be useful ammunition during your appeal.
- Try to subpoena the camera’s “source code”. The camera is more than a camera. It’s a computer. You have the right to question your accuser in court. Your accuser is this computer. You should have the right to know exactly how it is programmed. If this motion is granted, you will probably never see the “source code” (it’s a trade secret) and therefore I would expect the prosecution to drop the charges. It’s worth a shot. It will probably help your case if you know how (ie have the credentials) to interpet any “source code” that you might receive.
- The camera is disallowed under California’s “Speed trap” laws. This is a very interesting one, and will take further research. CVC 40801 forbids speed traps in California. “What does this have to do with Red Light Cameras?” you might ask. Well, let me tell you. CVC 40801 says “No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code.” CVS 40802 says “A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.” What does this mean to you? Well, the Red Light Computer decided to take a picture of you because you were headed for the intersection at a rate of speed high enough to assume that you were going to go past the ‘stop line’. It knew this because there are coils of wire in the pavement in each lane that are a set distance apart. It calculated your speed by securing the time it takes your vehicle to travel the known distance. Sound familiar? CVC 40801 now says they can’t use this evidence to prosecute you. But they did anyway, and now you have grounds to fight it. I didn’t try this angle, but I have a feeling you’ll LOSE if you do. But I want to hear about how it went, so write to me.
I’d love to hear from you. Write to me at aren /at/ thesandersens dotcom with your experiences.
Ah, mine was issued in Los Angeles county. I had tried fighting it through written declaration but I lost and got my Trial De Novo which is coming up this Friday. I already paid the bail to fight it, which i’m assuming screws me over on the ticket being unenforceable?
Wow, so I’m not alone! However I’m in San Diego County….any dirt on the best way to go? I’m eligible for traffic school but the fines are insane. Thanks for any and all info…it’s worth a shot!
Chris – I would immediately read over the material concerning Los Angeles City and County tickets on highwayrobbery.net Go to “Camera Towns” button on the top and then scroll down to Los Angeles.
I got a failure to stop at Red light camera to turn left which they usually change fast but that thing is that it wasent me it was my brothers girlfriend and don’t have all her information. How can I take care of this?
Norma, If you can send me your citation no. pin no. or whatever info you have and can more clearly describe the details, you may have an easy win at trial. Respond to Roger Jones rlouisj@aol.com
Hi, I got a VC21453a citation, I made a right turn on red light in San Francisco. the camera shows the at R00.4 sec, my car is behind the white pedestrian line on the first photo, and on the second photo, R01.5, I made the turn.
Here is what it happen, there were still people finishing cross and I was waiting, and it is yellow light and then I tried to made the turn and at the blind of eye, it already turned red, so I finish the turn because the oncoming traffic is pretty fast and I don’t want to block the intersection.
Do you think I could have a chance to fight. I can show you the picture. I was wondering if there is any video beside the photo, if anyone know, please let me know.
Hi, I got a VC21453a citation at NB Park Presidio Blvd @ Lake Street SF, the photo show Red Sec 0.6. Looks like I’m not going to win.
Does this option ” Trial + Traffic school” still available? what’s the chance I can reduce the “bail” and not get the point?
This is the first time I drive in that area, I was using GPS to navigate to Golden Gate Bridge, when I heard the beep (warming), I look the screen and notice the GPS warming me there is Red Light Camera, at the time, it’s too late to me to stop it, so I decide to continue to. If this option is available, do you think I can use this excuse to reduce the fine? by the way, the speed I passed the line is 39 mph, 4 mph higher than speed limit
Also, when I went to the web site, it show “yellow 4.5 sec”, is it true the traffic light taking 4.5 sec from yellow to red? I thought it only takes 3 sec.
The fine is $490 + admin fee $57 + $20+ traffic fee…
Thank you in advance…
i got a red light ticket in S.F., te 1st pix i am behind double white line, R00-7 2nd pix across double white line in the intersection R01-4. Im assuming,if im correct, tis translates to red light .7 secs and red light 1.4 secs. please correct me if I am wrong. But, actually in the 1st pix the light had just turned yellow, and the 2nd pix it was still yellow. So i entered the intersection on a yellow light and when it turned red( 3/4 way thru the intersection) i saw a flashing light(camera snapping my photo). I want to fight this ticket but i need help, can anyone help me or refer me to someone?
My original plan was to just pay the ticket and suck it up, but its $490 and i just learned that this red light system is only supposed to photograph you if enter the intersection after the light turns red. So if you enter the intersection on a green or a yellow light it is not supposed to take a pix of you. I have until May 2nd, so someone please help me out.
On my ticket there was a website where you could see larger versions of the photos. Now I can’t find my ticket. Does anyone know what that web address was? Thanks!
Hi. This morning there was a single flash as I came to a stop in a no-turn-on-red right turn lane. I’m pretty sure my front wheels were *not* over the first line, but maybe the front part of the car was – by inches if anything. Anyway, one flash, I didn’t move again until the lights turned green, no other traffic in adjacent lanes or behind me. I think I may have braked heavily – would this trigger a preliminary flash? Is it worth contesting if I get a citation? This was in Walnut, CA (SB Grand to WB Amar) Thanks.
Hi, I was driving down Harrison and saw two bright flashes go off as I was about 3/4 of the way towards the intersection. There wasn’t another car ahead of me. Now I’m concerned I’ll get a ticket just because the double d d-bag glorified welfare recipients that pass for “government workers” need to bolster their pension plan. Does the ticket have to show your car at the intersection or can they randomly snap plates and send put tickets in the hope you’ll pay it regardless?
Intersection of Harrison & 8th, that is.
I got off the freeway this morning at 9th/civic center. I stopped at the light at 8th and harrison, it was about 4am. When the lighy turned green I drove through but there were teo bright flashes! Now I worried about a ticket even though I know the light was green!
PLEASE HELP WITH THIS SENARIO!!
My buddy got a red light ticket in my car 3 years ago. The citation was sent to my previous address and I didnt recieve it. Shortly after that I went to prison (emberrassing)
Now Im back and trying to resolve this citation but they tell me the only way is to pay the FULL amount (civil assessment charge included) and fight the citation by mail. I have no income and or money currently.
Can they legally deny me my RIGHT to be heard in court because I cannot pay the full bail??
Is there ANY other way to be heard or fight my ticket without paying the bail in advance?
is there any indigent or program of form or magic word that will allow me to excercise my right to fight this ticket?
Please help!
Hello, About 15 days ago I had several pictures taken of me at the intersection of Fell and Masonic, turning left. I was clearly in the middle of the intersection then backed to where I should have stopped once I realized that the left turn lane had it’s own light (which was red). I know that I am supposed to receive the citation within 15 days. I know that my mailing address is correct since I just received a registration renewal from the DMV yesterday so do I need to contact the city to see if I will receive a fine or let it pass?
Hey,
September 22, 2012 I “ran” a red light in San Fran. But i JUST got the letter, it waqs dated May 20, 2013. Seems to me like there should be laws prohibiting such long periods of time. I would just walk into the court house but I live 400 miles away from San Fran
@Blake M
CVC 40518 says notice must be received within 15 days. A ticket as a result of a Snitch Ticket takes must longer. The opportunity to defend yourself to an event which occurred (possibly unbeknownst to you 8 months previous) limits your ability to defend yourself..
A well crafted Trial by Written Declaration is your only option short of hiring an atty to appear on your behalf.
The Fremont Commissioner dismisses most of these, but that does not mean the SF judge will. Most pay because of the effort involved. If you want to put up some measure of fight, contact me.
rlouisj@aol.com
Here is what SF Munipal Transit Agency says about Photo Enforcement. It lists all the camera placements in the city.
http://www.sfmta.com/es/services/permits-citations/camera-enforcement
This happened in Marin, so my apologies if this post falls outside your jurisdiction. I have a ticket that shows me turning left (in the far left lane) from a one way street onto another one way street. Isn’t that legal? Also, the bail amount is blank on the ticket, which is a little odd.
Benjamin. Bail amount will be on the Courtesy Notice the court mails you. It can also be found on line. or call the court $490 seems to be the minimum.
I recently received a red light ticket via camera method. However, in the picture, you can NOT make out the face of the driver.
Is this ticket enforceable?
Thanks,
Tom
Hi, I received a red light camera ticket issued on 06/06/2013. It came as a surprise as I did not see the flash and do not think I broke the rule. The ticket says 0.5 sec and has my photos, so it is clearly me(unfortunately). Coincidentally, I went to the DMV website and updated my new address also on 06/06/2013. So technically, when they issued the ticket, they should have used my new address to mail. Luckily, a new tenant at my old address called and informed me about the ticket. So even though I have the ticket with me, it did not arrive at my registered address. Does not the rule say that a ticket must be mailed within 15 days to a REGISTERED address? Does it give me any legal base to dismiss the ticket and take no action? And if they add $300 assessment fee and inform DMV, can I bring justification that I changed my address (printed confirmation from DMV) to dismiss the entire ticket, and not just assessment fee?
Unfortunately, I do not qualify for a traffic school as I had one (first) ticket within 16 months (short 2 months). Another option I am thinking is to hire an attorney to represent my case but it is still a risk as he might loose the case and I would still need to pay the bail amount (490) but might get a point removed from my driving record.
I am looking for an advice / recommendation on how to proceed. Wasting my time with clerk/court/trial and hoping for a police officer no show up is definitely not an option…
Appreciate your time.
I just received my first red light violation ticket and I am confused as to what should be my next steps. This happened at El Camino and Hickey Blvd at San Francisco. The sign posted does not say a right turn is not allowed on Red. Could you please guide me?
Notice # 0421300037890
P: 6972
-Shail
Great site lots of very useful information … But … I did not find anything to help me with my particular situation regarding a red light camera incident in SF.
This is I was driving a CA plated rental car (from Thrifty) and have a Florida license. I have been getting the run around from everyone as no one knows what the process is for rental cars? I refuse to believe I am the first person that this has happened too. Any help or information on the p
Process wod be great.
Unfortunately I had my car reposed back in Oct of 2012, the car was sold at auction to my understanding, in early April of 2013, I received a notice that I had received a red light ticket…(Not me since the car was repoed)… I called the court and was informed to send the notice back filled out with the new vehicle owner name, I did, as I assumed that it was the lien owner, Chase Bank. I received a notice a few days later, stating that was not acceptable and that I would have to provide proof. So I drove 4 hours one way and 4 hours back, they wanted a release of liability and something stating that I was not the legal owner at the time, I setup a court date, but unfortunately, my family is rather large and my grandfather passed away around that time and my wife’s uncle was placed on life support. I was not able to make it, I went the following Tuesday, with the information that supported my position. At that time I was informed that I needed to then provide something the showed why I did not make it to court, the attendant spent a good 2 minutes reviewing my paper work, figuring out the comeback. It has been a nightmare to say the least, dealing with San Francisco Traffic Division on this matter. I’m still trying to figure out the best course to take care of this, yesterday I found out, that they put a hold on license and this in turn will make me a criminal if I drive, since I would be driving on suspended license. What would you recommended, would really appreciate any advice…
Hey Roger,
I have a question similar to Sam back on 12/15/09.
My girlfriend got a ticket for right on red at van ness and bush in sf. It clocked her at 17mph which is indicated on the second photo. Do you know when they actually get that speed? Her photos are 1.24 secs apart, but she has only traveled about 16 feet. So assuming the speed is from the second photo, the distance traveled is about that of going 0-17 in 1.24seconds. Would the officer in court be able to explain this? Thanks!
Ken – multiply speed by 1.5 and you get feet per second (approx). A car going 20 mph travels about 30 feet per second.
Loops is the roadway are located 6 feet and 12 feet in back of the limit line. If a car passes over them at 15 mph the cameras are activated. They are not activated at 14 mph. Speeds recorded are when car is 6 feet from line. Most cars will continue to slow to 5-10 mph as they make the right turn. It is even possible to stop if one panic brakes. None of this will help you in court, however.
Hello,
I was driving down 19th ave. turning right on sloat. I could have sworn the light had just hit yellow as I entered the intersection, but as I continued with the right turn it flashed me. If I get a ticket, could I appeal and state there is no sign that says “after stop, right turn permitted on red?”
I just got a photo snapped of me on Wednesday night. It was a Left Arrow and it was Red so I did run it but there were many problems with the intersection. I was traveling on Fell St. turning Left onto Masonic. 1) at night time, it’s hard to see the No left turn Arrow light and sign because of many reasons like trees that are planted there in the pan handle, cars and large trucks parked on the left side of the street, and there are 3 other traffic lights for going straight on this one-way street, one of which is nearly above the left turn lane and was green. So like I do when I’m turning on Masonic from Oak I checked to make sure there was no oncoming traffic, there wasn’t, so I proceeded through only to notice then is when I could see the red arrow signs. 2) I went back during the day and there is no sign that states that it is a Photo Enforced Intersection. I know you talked about signs posted on the major entrances to the city being done wrong in San Francisco, and I was wondering if you knew if that was the case… if they still have them incorrectly posted on the freeway exits? 3) The car I was driving is not registered to me, it is under family member so I’m assuming they will be the one getting the ticket, can’t they simply state that they were not the driver? That is true, and they wouldn’t have to name me right? Would the city then look for who was driving the car? I am on the insurance for that car, and I work for Lyft so there’s going to be a pink mustache on the grill, two things that may easily lead back to me. To make things more difficult, I should probably not expect to receive the ticket in the mail for another 10 – 13 days… but in 10 days I will be out of the country for a month.
I guess I’m trying to figure out if the best option is to contest that my family member was not driving the car … or to try and contest on the grounds that There was no proper sign posting for that light on Fell and Masonic (If that is still the case for July 2013).
Thanks!
Hey Roger,
Can you help me? I just received my first red light violation ticket and I am confused as to what should be my next steps. This happened at El Camino and Hickey Blvd at San Francisco. The sign posted does not say a right turn is not allowed on Red. Could you please guide me?
Notice # 0421300037890
P: 6972
-Shail
shail – does photo #1 show you clearly behind the white line? Is the image of your face clear enough? All this depends on the judge. I don’t have any first hand knowledge of San Mateo County judges.
Famoos – If a ticket is issued to someone who is clearly not driving, then it is a whole lot easier for that person to plead Not Guilty. If the owner “nominates” you – it is a problem. Is your family member will to enter a plea of Not Guilty. Also make sure the ticket is real and not a Snitch Ticket.
Thanks Roger.
My family member is going to plea not guilty.
I’m not quite sure I understood what a Snitch ticket was after reading it though.
Famoos. Google “snitch ticket” or look it up on “highwayrobbery.net”
Hello,
Yesterday I received the ticket for Red flash camera.
Tickets was assign to me as registered owner but I was not driver at that day (My wife was driver -she also registered owner). Pictures that were sent and online not clear at all – I even can not recognize the driver face
She did left turn from one-way intersection to another one-way intersection.
The have actual speed:17 with speed limit;15 and red time:0.7
I would like to fight the ticket.
What is best option do i have?
Just go to the court and mention that “its not me”or fight ticket itself
Thank you
What do you think of traffic sniper.com for fighting red light ticket? I took a right turn red violation, thought I stopped by they allege differently. I could not get the city code for photonotice site for SAN LEANDRO. Perhaps they don’t use this service. Got a Adult Courtesy Notice from Alameda County Superior Court, but no pictures, no location of violation and San Leandro has sent nothing, nothing received from camera company or officers. Please advise.
Thanks
dstse_jung@yahoo.com
Dod – First determine if it is a real ticket and not a Snitch Ticket. Does the ticket say “Notice to Appear” and does it give the address of the Court? If so, it is real. If it does not say these things, then do absolutely nothing. If it is real then you Plead Not Guilty. Go to trial. Say “photo is not clear enough to identify the driver” or just say “it is not me.”
Thank you Roger.
It was real ticket.
I just discovered that intersection -Franklin and Geary blvd does not have warning site as it should be by section 21455.5:
(1) Identifies the system by signs posted within 200 feet of an intersection where a system is operating that clearly indicate the system’s presence and are visible to traffic approaching from all ( )1 directions in which the automated traffic enforcement system is being utilized to issue citations. A governmental agency utilizing such a system does not need to post signs visible to traffic approaching the intersection from directions not subject to the automated traffic enforcement system.
Is somebody win case based on this?
btw- current ection 21455.5 – ammended:
“The 2012 amendment added the italicized material, and at the point(s) indicated, deleted the following:
1. “directions, or posts signs at all major entrances to the city, including, at a minimum, freeways, bridges, and state highway routes.”
From this info I can suggest that any intersaction in the city should have the warning sign.
Am I correct?
Dod — no. The city has gone for the approach of labeling “freeways, bridges, and state highway routes” instead of labeling individual intersections.
DOD – The signage requirement which requires each intersection to have warning signs posted took effect 1/1/2013 and cities have until 1/1/2014 to comply.
As far as defense as to identity, some judges convict or get you to nominate the driver at trial. Who knows? Maybe the driver resembles you. Be prepared to prove your innocence. You have a gas receipt for the date and time from a different city, or a time card showing you were at work. I would be careful about testifying. When you testify you can be cross-examined. “so who was driving?” If you keep your lawyer hat on and just say the evidence does not prove you were the driver, you have not given up your right to remain silent.
Automated Enforcement System
210. 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.
Thanks Roger. It is me behind the wheel. I will take my chance with the judge. Let’s hope it goes well.
General Comment on Identity defense. Most people do not want to use this defense because they were driving. I have seen many photos where the offender swears the photo clearly shows they were driving, but I could not even determine the race or gender of the driver. First of all, your opinion does not matter, it is the opinion of the person with the black robe on which matters.
Now, most judges use the exact opposite of the standard of proof required: In effect judges consider “Have you proven your innocence beyond a reasonable doubt?”
So in the real world, how would you cast reasonable doubt on the evidence which seems to show it COULD be you driving. I met a young Asian man at court one day. He showed me his photo ticket and it was pretty clear. The judge was one of those disinclined to dismiss the ticket. However, the young man had a collection of 3 or 4 photos of him with 3 or 4 of his friends. All his friends were young Asian men of similar appearance. It was amazing to me. There was no way I could ID him among the various photos. I made a couple guesses and was told, “wrong.”
The end of his story is that his ticket was dismissed for another reason and he never got to present his case or evidence. Of course, the judge can rule in any way, but this young man made a compelling case to me at least. Remember, you do not have to give testimony (i.e. lie by saying “it’s not me.”) Just present doubt as to the sufficiency of the evidence.
Thank you Roger for your clarifications. I am still planning for my fight scenarios.
I have two more questions:
1.Can i use TDN (Trial De Novo ) for Not Me tickets (identity) if I already have different defense (let say declared in TBD -missing warning sign) in TBD?. It WAS NOT definitely me but I do not want testify it
2.During TDN can I still use Right to Silence After Trial by Declaration?
Thank you
Dod. Good questions. I have heard a judge say in court that TBWD is not admissable and he is not allowed to see it. It would seem to follow that you would not have to testify or be cross examined in court (TDN) either. I am not an atty. Google these questions or call a traffic atty perhaps for a quick answer (free?) – Maybe Sherry Gendelman.
I got a ticket today – but I distinctly remember having the choice of running or breaking – which is what I did – I am not over the last white cross line my tire is just before it – I sat at the lights for some time but I still got a ticket – I am going to write a letter of ‘dispute’ and wondering if this is a waste of time – should I pay it and get on with my life
of fyi this was at Harrison & 13th
NotMe: Photo No. 1 shows car behind the white line. What does photo No. 2 show?