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Question

my husband received a ticket for failing to stop at a red light to turn right in El Cajon, CA. Law enforcement uses a red light camera to capture photos. The photos do not show that he did not stop, however online there is a video that shows the few seconds prior to the turn. At the time of the yellow light he was too close to stop (as he was pulling a trailer) so he continued on. Will the video be used in court? will that be a deciding factor

Submitted: 408 days and 19 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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El Cajon, California

Already Tried:
you are my first attempt to get information.

Accepted Answer

I would imagine that the DA will use the video in court, as the photos don's make the case and there are no witnesses.

 

Generally, an offense like running a stop light is what is called a strict liability offense, meaning that either you ran the light red or you did not, and that excuses like "I could not stop because it turned red at the ast minute" very often do not work as defenses. Regardless however, this is the only potential offense that your husband has so he might as well either try to use it or try to plead down with the prosecutor to a lesser offense that perhaps will not put points on his license.

 

I hope this was helpful to you. If it was please remember to click "ACCEPT" on your screen to make sure that I am paid for my efforts. By clicking ACCEPT you are not giving up your right to ask more questions on this issue, and I will be happy to respond to these as well.

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Expert: Curtis Staropoli, Esq
Pos. Feedback: 100.0 %
Accepts: 410
Answered: 9/25/2008

Attorney

Practicing attorney for 17 years and principal of law firm.

408 days and 18 hours ago.

Reply

What you told be is what I expected. However there was a passenger in the vehicle, would that matter?

Posted by Curtis Staropoli, Esq 408 days and 18 hours ago.

Answer

The witness would probably only be able to confirm your husband's account, which as I mentioned may not prove to be a sufficient defense but is also the only one available.

 

I hope this was helpful to you. If it was please remember to click "ACCEPT" on your screen to make sure that I am paid for my efforts. By clicking ACCEPT you are not giving up your right to ask more questions on this issue, and I will be happy to respond to these as well.

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