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Hello, thanks for your post on evidence. I am trying to keep the "evidence" in a red light camera violation out of court contending that there is no witness to submit this evidence. I haven't seen the ticket but their might be a statement that some random officer submits the info on belief and testimony. The hearing is tomorrow ,10/10/13. Is their a rule of court regarding submitting evidence? and should that be submitted under a declaration under penalty of perjury? Any other means to keep this evidence out so the ticket will not have backing?
Please let me know if I can clarify my answer or provide further assistance.
Hope this helps.
Thanks for your response but the question really had to do with submission of evidence. Does the "officer" at the computer have to submit some sort of declaration with the "evidence?" ...a sworn affidavit, or other sworn statement?
No declaration/affidavit is required to present photo enforcement evidence at trial. The following comments are from the California Judges Traffic Court Benchguide:
That said, the officer would still have to lay a foundation for the admission of the evidence. This would include:
Ok, thanks....then when does the officer lay the foundation for the submission of evidence, on the ticket or at the trial? He/she obviously is not there. The judge just looks at the photos and says how do you plea? How can the foundation be there if the 6th bill of rights is not followed and not being able to question the witness.?
This is hitting the target...Thanks...You mention the rule,"violates the rule that every item of evidence must be proved to be what it is purported to be. " Can you please provide the California rule of court? if that is where the rule is set?
Where I am headed is that there is NEVER an officer at trial, people just pay the fine because they feel hopelessly caught on camera. I recently read an article where a class action suit is filed against the city of Victorville, CA for their traffic camera program. Don't have time to research that filing, that's why I bought into your services. THANKS SO MUCH so far.