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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 29803
Experience:  Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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In The State of California '•• One Officer Issues The

Customer Question

In The State of California '•
• One Officer Issues The Ticket (Red Light Photo Enforced Infraction)
• But When I Arrived In Court A Different Police Officer Then Than The Officer Who Issued The Citation Wass There To Present Evidence.
• Based On The Fact That Everyone Has A Right To Face Their Accusor
United States Constitution Amendment 6 "In all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him."
Can a Different Officer Show Up To Court and Testify? On More Than One Accasion I Objected To This Different Officer Providing Evidence.
Is There Grounds For Me To Appeal
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened. If you had been pulled over and stopped, then you'd be able to object to the fact that the officer who appeared had no personal knowledge of the alleged infraction and that any testimony is hearsay. In that scenario, you could ask that the case be dismissed. However, your accuser here is the state of California. When you go to court, the officer isn't proving what is stated on the ticket. He's just presenting evidence sufficient to convince the judge whether the law was broken or not. Any officer who is trained in red light violations can view the photographs and determine whether the driver ran the light, then testify to that. The fact that the person who signed the ticket isn't the one who came to court unfortunately doesn't affect the admissibility of the testimony when the ticket is based on photographs taken by red light cameras. Again, that WOULD be a defense if you'd be pulled over at the scene. Based on what you've said, if the photographs show that you ran the light, I'm afraid that an appeal is not likely to be successful. You do have a right to appeal, though, and I cannot tell you not to do it. I'm having trouble loading the California Court's website, but you can find a cached version of the rules on appealing at this link. I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Please rate my answer positively to ensure I am paid for the time I spent answering your question. If you are on a mobile device, you may need to scroll to the right. Thank you.Good luck.

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