With increasing numbers of drivers being issued red light traffic tickets, it’s important for people to know the available defenses. A successful defense can be found in the quality of the picture itself.
Vehicle Code Section 210 requires the picture of the driver and license plate to be “clear.” Sunglasses or a lowered visor can often prevent the cameras from capturing a “clear” picture. Under section 210, the ticket must be dismissed if the driver’s face is obscured such that there is not proof beyond a reasonable doubt as to identity.
Drivers with out of state licenses can also have success getting the red light camera tickets dismissed. In these types of cases, a copy of a person’s driver’s license is almost always used to prove who was
driving the car. An explanation of, or foundation for, the information contained on a driver’s license must be established before a court can consider it as evidence. With out-of-state driver’s licenses, California law enforcement cannot lay the foundation for how out-of-state DMVs record and store a person’s personal identifying information. For example, if the police are trying to use a Pennsylvania driver’s license to prove John Smith was the driver of the vehicle that ran the red light, an explanation of how Pennsylvania accurately records and stores information must be established. Failure to do so, creates improper evidence and will result in a dismissed ticket.