Red Light Camera Photos are Hearsay – California Penal Code Section 21455.5

The Los Angeles Daily Journal recently reported that an Orange County Superior Court appellate panel ruled that automatic photos of drivers running red lights are hearsay and therefore inadmissible in court as evidence of traffic violations. Prior to this ruling, the state Senate passed and sent to the Assembly a bill to increase due process protections for people ticketed after their vehicles were captured running red lights on camera, as there have been many issues with the reliability of these photos.

Under the California Vehicle Code Section 21455.5, the city installing red light cameras has to set up signs to warn drivers that the cameras are there. If a camera does catch a vehicle running a red light, a citation is mailed to the registered owner of the vehicle. Most red light tickets run from $420 to $480 – a sizable fee for anyone, especially considering the unreliability of these photos.

If a driver takes his ticket to trial, it is a local police officer who shows up to testify in support of the photo; however, this officer was not necessarily present for the alleged traffic violation. The recent OC Superior appellate division ruled that a police officer who did not see the violation or operate the camera could not provide the legally necessary foundation to support admitting the photos into evidence.

If you have been mailed a citation from a photo taken by a red light camera, you should seek the assistance of an experienced defense attorney so that you are aware of your up to date rights to fight this citation. Our attorneys at Wallin & Klarich have over 40 years of experience taking on cases just like yours. We will look at the particular facts of your case to determine the best defense strategy that is available to you that will result in the best possible outcome. Call us today at 888-749-0034. We will be here when you call.