- Location: Sacramento, California
- Violation: Red Light Camera
- Facts: I ran a red light camera with a female's vehicle. The police sent the citation to the females brother, then after realizing it wasn't him they sent it to me. The female was never sent the citation or asked to identify the drive.
- Law: California Vehicle Code 40518a says citation must be "delivered by mail within 15 days of the alleged violation to the current address of the registered owner of the vehicle on file with the department." Vehicle Code 21455.5(f) photographic evidence may only be released to "registered owner or an individual identified by the registered owner as the driver."
- Court Hearing: I argued police did not follow required statutory procedure to only issue citation to registered owner or individual identified by registered owner. They never contacted the registered owner. And misidentified the first male as the registered owner of the vehicle.
- Holding: Judge said even if police violated statute, it does not allow him to dismiss the ticket.
If you were identified as the driver who ran the red light, you lose. Case closed. Did you ask for traffic school?
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
Good try. Kudos to you.
Every once in a while, an attorney who files a motion and argues might win on this issue. However, it is usually a loser issue.
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