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I received a decision for a red light camera ticket if

Customer Question
I received a decision...

I received a decision for a red light camera ticket if guilty on Tuesday 8/29 I want to appeal the decision it was heard by a commissioner and in July it was heard by a judge briefly but he postponed it because the red camera technician called me a liar, I feel like the case should have been dismissed then. Can you please help me I may be reached at(###) ###-####

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

I am in the state of Los Angeles California

Lawyer's Assistant: Has anything been filed or reported?

The credit as I stated above was rendered on 8/29 I went to the window at the courthouse and got the appeal paperwork they said I have 30 days to file the appeal the ticket is 654.00 and was offered traffic school. The car was registered in someone else's name and I admitted it was me the driver I am hoping you can get me out of this in some techcalify where the judge should have thrown the case out for the technician calling me a liar or for the simple fact when I went back to court on Tuesday no one ever asked me if I was ok with a commissioner hearing my case versus a judge and my name was not even on the list for trial that day it was added in and I never got to see the video til I was in front of the judge

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think I was pretty detailed

Submitted: 11 months ago.Category: Traffic Law
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Answered in 15 hours by:
9/1/2017
Traffic Lawyer: Law Educator, Esq., Attorney replied 11 months ago
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 126,941
Experience: Attorney with over 24 years of law and traffic law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Traffic Lawyer: Law Educator, Esq., Attorney replied 11 months ago

You admitted to being the driver, you said above, and they had a photo of the vehicle you admitted to driving going through the red light?

The law provides for a commissioner to hear these cases, it is not your choice, it is up to the court as to who is available for these cases. If you never got to see the video prior to trial, did you request the video prior to the trial? Did the video show you going through the red light?

You were detailed, but based on the facts you provided above, you need to have an actual legal basis for appeal and you did not provide any such basis in your facts above.

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Customer reply replied 11 months ago
it was me and I may be guilty but seems how the original judge should have thrown it out on a technicality on the way I was treated and the commissioner should have taken the incident into account as well as I never got to fully see my paperwork or view the video before going into the court room, so are you saying I can't do an appeal, are you saying you are unwilling to help me or u can't help me. What about getting the charges reduced ???
Traffic Lawyer: Law Educator, Esq., Attorney replied 11 months ago

Thank you for your reply.

It is not a ground to dismiss the charge because the technician called a defendant a liar, it may be grounds for a mistrial, meaning scheduling it for another trial and the commissioner as a different trier of fact is not supposed to consider anything that happened in the previous hearing.

If you requested discovery and requested them to produce the video before the trial so you could prepare and they refused to provide it, that could be a basis for appeal. However, getting the charges reduced if you did run the light and it was you driving they do not have much to reduce. It is not that we are unwilling to help, it is that in order for any attorney to help you there has to be some legal basis to help you with.

Legal basis is not turning over evidence to the defendant to allow you to prepare your defense if you asked for the information prior to trial. If you did not ask for the production of the evidence prior to your court date, they did not have to voluntarily surrender it. If you did ask for it prior to the court date and they failed to produce the evidence, then the court has to decide on appeal if the production of that evidence to you would have materially changed the outcome of your case. If it would not have changed the outcome, the court can call it "harmless error."

What I am saying is that you can only do an appeal if you have an actual legal basis for appealing and what you described above, aside from production of evidence if you requested it, would not provide that legal basis.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 11 months ago
Well unfortunately this is not what I wanted to hear and I will just try an appeal anyway, I was told by pearl wilson someone was on the line but never did that happen, your information may have been good and accurate but I think the $47.00 was a rip off. Have a good day .
Traffic Lawyer: Law Educator, Esq., Attorney replied 11 months ago

Thank you for your reply.

Unfortunately, as attorneys we are not responsible for the facts a person has come to us with and we are not responsible for the laws and the legal process that is set up. Many customers come to us with unrealistic expectations regarding their situation or are completely uninformed about the laws that pertain to their situation and then are very fast to blame the attorney for the situation they have gotten themselves into. We can only work with the facts given to us by the customer and the actual laws pertaining to those facts.

You have received your information, you have paid nothing but a deposit, your expert has received nothing for spending time with you to have the unfortunate obligation to tell you the truth that you did not want to hear. We wish you the best. Good luck.

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Customer reply replied 11 months ago
I am not blaming you so stop taking it personally and no it was not only $5 I am in a tough situation and I just wanted help. Hope you have a great holiday weekend.
Traffic Lawyer: Law Educator, Esq., Attorney replied 11 months ago

I am not taking it personally and you have paid nothing but a deposit. So if you feel as you stated you can contact customer service and ask for a refund of your deposit. The experts are not site employees and have nothing to do with what you agreed to pay the site and have no clue as to even how much you paid the site other than what a customer may tell us. So you need to deal with customer service over what you agreed to pay with them, it is not the expert's business. Again good luck to you.

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Customer reply replied 11 months ago
Thanks
Traffic Lawyer: Law Educator, Esq., Attorney replied 11 months ago

Have a great weekend. Best wishes.

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