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The best defenses to a red light camera ticket in California
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More than 40 cities and counties throughout California use red-light cameras as a traffic enforcement tool. If one of these cameras snaps your car running a red light, you'll receive a citation in the mail that can cost you about $500. It is possible to fight a red light ticket in California, although it may require a little time and effort on your part. In this article, we’ll teach you everything you need to know to fight the ticket, including how to build your defense, contest the violation in court, and appeal an unfavorable decision.
Fighting Red Light Camera Tickets in California
Read your citation carefully to learn the date and time of the incident. Request photos or videos to review the incident yourself. If you were driving, study up on traffic laws and examine the intersection where the incident occurred to make sure the traffic light, camera, and warning signs were all in working order.
Steps
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Read the citation carefully. If your vehicle triggers a red-light camera, a citation will be mailed to your address within 15 days of the incident. This citation provides information about the incident as well as instructions on how to pay the fine or contest the ticket. [1] X Research source
- Check the date and time of the incident, and review your own schedule. This can help you place the incident and figure out if you were driving your car.
- Citations are sent to the registered owner of the car. However, if you weren't driving your car when it triggered the camera, you aren't responsible for paying the ticket.
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Request photographs or videos of the incident. The red light cameras produce photos of your license tag as you are passing through the intersection, and may also have video of your car driving through. Typically, these photos and videos are available online. View them by visiting the website listed on your citation. [2] X Research source
- If the photos or videos aren't available online, request them from the law enforcement agency that issued your citation. The name and address of that agency will be listed on the citation.
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Submit an affidavit if you weren't driving. Your citation includes an affidavit form to use if you weren't driving your vehicle when the incident occurred. Provide the name and address of the person who was driving so the citation can be sent to them instead. [3] X Research source
- The form also asks for the driver's license number of the person who was driving. If you don't have this information, fill out as much as you can and leave the rest blank. The law enforcement agency will be able to look it up.
- However, writing an affidavit is voluntary, you are not required to share the name of the person driving. As long as you are positive you were not the one driving and send in the form (usually accompanied by a copy of your driver’s license and a recent photograph), you cannot be charged. [4] X Research source If the court cannot identify the driver, the ticket will be dropped.
- Do not try to claim you weren’t driving if you actually were, as this is perjury.
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Time the yellow light interval. California law requires lights to stay yellow for a specified period of time before the light turns red. If you recall the yellow light being unusually short, return to the intersection and time it yourself for supporting evidence. [5] X Research source
- Take a stopwatch and time several cycles, then average the result you get. Compare your result to the required time listed in the California Manual on Uniform Traffic Control Devices. Download a copy of that manual at https://dot.ca.gov/programs/safety-programs/camutcd .
- If the yellow light interval is shorter than the minimum required time, use it as a defense against your red light ticket.
- Study up on traffic laws as well. For example, if you were already in the intersection when the light turned from yellow to red, you didn’t actually violate the law.
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Ensure warning signs are present and visible at the intersection. While you're at the intersection where the incident occurred, make sure there is a warning sign posted within 200 feet of the intersection. This sign should be visible to oncoming traffic, and clearly state that an automatic enforcement system is being used. [6] X Research source
- If there are not any warning signs, or if the warning signs aren't clearly visible, you may have a defense against your red light ticket. For example, the sign may have fallen down, or may be obscured by a tree branch.
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Visit the police department’s website to learn more about the camera. Many city or county law enforcement agencies provide information on the maintenance of their automatic enforcement systems to the public on their websites. The department’s website should be listed on your citation, but if it isn’t, search the department’s name online to pull up their site. They may also offer information about the locations of the red light cameras and the official timing for the yellow light intervals. This may be a good starting point if you are unable to revisit the intersection. [7] X Research source
- If this information is available, use it as a starting point to build your case. However, if you want to fight your red light ticket, visit the intersection and check the information for yourself, if at all possible. Things might have changed since those readings were taken.
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Request information on the maintenance of the system. California state law requires automatic enforcement systems to be calibrated and inspected regularly. If the red light camera had not been inspected properly or failed calibration at the time you were there, you might be able to get the ticket dismissed. If this information is not available online, request it directly from the department. [8] X Research source
- Law enforcement agencies are required to provide this information to the public if it is requested. If you run into any problems, consider consulting a traffic attorney . They can help you get the information you need.
David W. Brown, Traffic Court Judge and Ticket AttorneyWhen contesting a red light camera ticket in California, check first if the citation meets basic requirements — your car is clearly visible, your license plate is legible, and the driver is identifiable. If not, submit an affidavit highlighting deficiencies. You can also obtain maintenance records through discovery to check camera timing and function. Use Google Maps to measure yellow light time vs legal minimums. With an open mind, judges may see reasonable doubt.
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Enter a plea of "not guilty" at arraignment. Your citation will have a date listed for you to appear in court for your arraignment, or pre-trial. The arraignment is a formal reading of the charges to the defendant (you), in which you are expected to make your plea. While the actual trial will be set for a later date, you must appear at the courthouse listed and enter your plea of "not guilty" at the arraignment if you want to fight the ticket. [9] X Research source
- Many courts have a form you must fill out to notify the court of how you intend to plead. If there isn’t a form, you may need to write a letter pleading not guilty .
- Some cities and counties may also allow you to enter a "not guilty" plea online. Others only allow you to pay the fine online—if you want to fight the ticket, you must appear in court.
- If you need an interpreter at the trial, request one at your arraignment.
- You do not have to present any evidence for your case at the arraignment; you just have to enter the plea. Present the evidence at the actual trial.
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Organize your documents and evidence for trial. At your trial, you'll be able to tell the judge why you shouldn't have to pay your red light ticket. Introduce physical evidence, and even call witnesses. Your evidence should include the things you used to build your defense, like shortened yellow lights or the intersection having no visible warning signs. [10] X Research source
- For example, suppose you are arguing that the yellow light was too short. If you had a passenger in the car with you and they recall the yellow light being short, bring them with you to testify on your behalf.
- If you're citing any laws or regulations, bring copies of them with you. For example, if your argument is based on the yellow light interval, bring a copy of the relevant portion of the California Manual on Uniform Traffic Control Devices.
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Pay your citation fee as a deposit to the court, if required. Some counties require you to make a deposit with the court in the amount of your bail for the citation. The deposit will never be more than the amount of your bail. If you are found not guilty, your deposit will be returned. [11] X Research source
- Contact the court ahead of time to find out what methods of payment are accepted. Generally, most courts accept certified checks or money orders. Most courts don't take personal checks, and some may not take credit or debit cards.
- While the exact fine varies from ticket to ticket, in general, the base fines are $100 for running a solid or flashing red light, $35 for making an illegal right turn on red, and $35 for running a stop sign. Typically, the total fine will also include several fees and surcharges as well.
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Attend your trial and present your case in court. When you plead not guilty, your case will be set for trial. When your name is called, the judge will give you an opportunity to explain why you shouldn’t have to pay the fine for the red light ticket. It’s important to behave appropriately ; speak loudly and clearly, and tell your story in a logical, coherent manner. Stick to the facts and avoid any emotional pleas. The judge has likely heard them all, and it won’t help you—it might even work against you. [12] X Research source
- Arrive at the courthouse at least a half hour early. This will give you time to go through security and find the right courtroom. When you arrive, take a seat in the gallery, as traffic courts typically hear many cases in one session. Move to the front of the courtroom when your name is called.
- Treat the occasion seriously; keep your documents and evidence neat, and dress as though you are going to a job interview or attending a religious service.
- Treat the judge with respect, and address them as “your honor.” Using “sir” or “ma’am” may also be appropriate. Never interrupt the judge. If they start talking, stop and wait until they’re finished. If they ask you a question, ask if you can continue before starting your presentation again.
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Request a trial by written declaration if you don’t want to go to court. Some cities and counties give you the option of doing a trial by written declaration rather than appearing in court. This may be a better option if you get nervous or flustered speaking in public. [13] X Research source
- If you use the trial by written declaration procedure, you may be required to pay the full bail amount when you submit your declaration. It will be refunded if the judge rules in your favor.
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Receive the court's decision. After you're done presenting your case, the judge will decide whether you are guilty or not guilty. If the judge decides you are guilty, typically you must be prepared to pay the fine immediately. If you’re found not guilty, any deposits will be returned and the ticket will be dismissed. [14] X Research source
- If you plan to appeal the judge's decision, ask for a stay of judgment pending appeal. This means you don't have to pay the fine until after the appeals court hears your case. However, the judge may decline your request. [15] X Research source
- If you had a trial by written declaration, request a new trial in court if you are dissatisfied with the judge's decision. You must make this request within 20 days of the date of the judgment.
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Consult an attorney to help fight the ticket. While it isn't necessary to have an attorney to file an appeal, if you’ve gotten to this point and still want to fight your red light ticket, it may be worth it to have one on your side. Your conviction will only be overturned if the judge made a legal error in your case. If you aren't extremely familiar with the law, this can get complicated. [16] X Research source
- Look for an attorney who specializes in traffic law. Preferably, choose someone who has experience getting red light ticket convictions overturned.
- Most attorneys offer a free initial consultation. Use that opportunity to interview 2 or 3 different attorneys so you can choose the best one to represent you.
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File your notice of appeal. The notice of appeal is a court document you must file to initiate the appeals process. It must be filed no later than 30 days after the judge hands down the decision in your case. If you miss this deadline, you lose your right to appeal. [17] X Research source
- There is no fee to file a notice of appeal. If you are representing yourself or have not yet hired an attorney before the deadline, download a form to use at https://www.courts.ca.gov/documents/cr142.pdf .
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Request a record of the oral proceedings. In some situations, the appeals court requires you to send in a record of the oral proceedings of your original trial. There are 3 forms of the record of the oral proceedings: an official electronic recording or transcript of the recording, the court reporter’s transcript, or a Statement on Appeal if the trial was not recorded. If you're not sure if you need a record of the oral proceedings, request it to err on the side of caution. [18] X Research source
- For example, you may be arguing that there was insufficient evidence to convict you of the infraction. This is a common reason red light ticket convictions are appealed. In that case you do need a record of the oral proceedings, so the appeals court can evaluate the evidence presented.
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Prepare, file, and serve your statement on appeal. This court document must be completed and filed with the court within 20 days after you file your notice. It tells the court why you are filing your appeal and how you think the appeals court should rule. File your completed statement with the clerk of the court and have the prosecutor in your case served. If you don’t know the name of the prosecutor, it may be listed on the judge’s decision. [19] X Research source
- If you're representing yourself, download a copy of a form to use at https://www.courts.ca.gov/documents/cr142.pdf .
- Typically, to have the prosecutor served, send a file-stamped copy of your statement using certified mail with a return receipt requested.
- When you get the green card back, that serves as your proof of service. Fill out a proof of service form to file with the court.
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Present your oral argument in court, if requested. If you've requested oral argument, you must appear in court before the appeals court judge and explain the legal errors that require your conviction to be overturned. Waive oral argument if you prefer, and the judge will make their decision based on the statements you and the prosecutor filed with the court. [20] X Research source
- Both you and the prosecutor must waive oral argument. Typically, if you waive oral argument the prosecutor will not insist on it.
- Make sure the fact that you want to waive oral argument is included on your statement of appeal.
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Receive the appellate court's decision. After the date set for oral argument, the judge has 90 days to enter a written decision in your case. This date remains the same regardless of whether you've waived oral argument. If the decision is in your favor, the ticket will be dropped. If it isn’t, be prepared to pay the fine in full. [21] X Research source
- The appeals court clerk will mail you a copy of the written decision when it is entered. You may also be notified by phone.
- In general, expect to pay the fine immediately, but the court should specify when it must be paid.
- While the base fee for a red light ticket ranges from $35 to $100 depending on the offense, expect to pay anywhere from $100 to $500 after surcharges and additional fees.
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Tips
- If you’re willing to risk it, you may be able to ignore the ticket altogether. The L.A. County Superior Court ruled that failure to pay a red-light camera ticket cannot be reported to the DMV, which eventually led the California state DMV to change its policy and no longer suspend licenses for unpaid red light tickets, regardless of which county you live in. The amount you owe will be submitted to a collections agency, but that agency will not report to credit bureaus. [22] X Research sourceThanks
- Sometimes, the quality of the photo taken by the red light camera may be poor enough to get the ticket dismissed. For example, bad weather conditions may blur the driver’s face.Thanks
- If you already have several offenses like parking tickets or accidents on your record, it will likely be difficult for you to argue your way out of a red light ticket. If you did actually run the red light, it may be best to go ahead and pay the ticket.Thanks
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Warnings
- In general, each red light violation will add 1 point to your driving record. If you receive too many points, your license may be suspended. You may be able to avoid receiving the point by completing a course at a California traffic school. [23] X Research sourceThanks
- Running red lights can be extremely dangerous for you and other drivers. Always pay attention to your surroundings and obey traffic laws to avoid accidents.Thanks
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References
- ↑ https://sf.courts.ca.gov/divisions/traffic/red-light-camera-citation
- ↑ https://www.sanmateo.courts.ca.gov/divisions/traffic/photo-red-light-camera-violations
- ↑ https://sf.courts.ca.gov/divisions/traffic/red-light-camera-citation
- ↑ https://sf.courts.ca.gov/divisions/traffic/red-light-camera-citation
- ↑ https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21455.7
- ↑ https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21455.5
- ↑ https://www.fremontpolice.gov/about-us/patrol-division/traffic-unit/red-light-camera-program
- ↑ https://www.sfmta.com/getting-around/drive-park/red-light-camera-and-other-automated-enforcement
- ↑ https://sf.courts.ca.gov/divisions/traffic/contesting-citation
- ↑ https://sf.courts.ca.gov/divisions/traffic/contesting-citation
- ↑ https://www.courts.ca.gov/cms/rules/index.cfm?title=eight&linkid=rule8_100
- ↑ https://selfhelp.courts.ca.gov/traffic
- ↑ https://selfhelp.courts.ca.gov/traffic/trial-declaration
- ↑ https://selfhelp.courts.ca.gov/traffic/trial-declaration
- ↑ https://www.courts.ca.gov/documents/cr141info.pdf
- ↑ https://www.courts.ca.gov/documents/cr141info.pdf
- ↑ https://selfhelp.courts.ca.gov/traffic/appeal
- ↑ https://www.courts.ca.gov/documents/cr141info.pdf
- ↑ https://selfhelp.courts.ca.gov/traffic/appeal
- ↑ https://selfhelp.courts.ca.gov/traffic/appeal
- ↑ https://selfhelp.courts.ca.gov/traffic/appeal
- ↑ https://www.npr.org/2011/08/03/138962399/l-a-does-away-with-red-light-camera-program
- ↑ https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/negligence/
About This Article
Article Summary
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To fight a red light ticket in California, you’ll need to plead not guilty at your arraignment and provide evidence to support your case. Your ticket should include a link to a photo or video of you running the red light. If this isn’t available, you can request proof from the law enforcement agency that issued your ticket. If it wasn’t you driving the car, fill out the affidavit form that came with your ticket and provide details of the driver. If there was no warning sign within 200 feet of the photo enforced red light, you might be able to use this as a defense against your ticket. Or, if the yellow light interval is unusually short, this might also give you a valid defense. When you go to your arraignment, plead not guilty. Then, you’ll have to appear in court and present your case and evidence. For more tips from our Legal co-author, including how to appeal if you lose your fight against a red light ticket, read on.
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