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Calif. Court Finds 'Red Light Camera' Photos Inadmissible

By Bruce Carton

By now, many readers are probably familiar with the "red light cameras" in some states that snap a photo of you and your car as you pass through a red light. The photo along with a traffic citation is then sent to the registered address of the vehicle in the photo for you to pay. According to a recent opinion by the Superior Court of California, however, the evidence produced by these red light cameras is inadmissible. In People v. Khaled (App. Div. - July 22, 2010), the prosecution sought to prove that Khaled ran a red light by introducing the red light photo along with a "declaration that was intended to support the introduction of photographs purporting to show the appellant driving through an intersection against a red light." Khaled, however, objected to the introduction of the photographs and declaration as "inadmissible hearsay, and violative of appellant?s confrontation rights." The trial court admitted the photographs "as business records, official records, and because a proper foundation for the admission had been made based on the submitted declaration." Khaled appealed. On appeal, the Superior Court reversed the trial court, holding that the lower court erred in admitting the photographs and the...

Full post as published by Legal Blog Watch on July 23, 2010 (boomark / email).