Red Light Cameras Struck Down By California Court

TheNewspaper.com reported –

“This appeal involves an issue far too often presented to this court, namely the admissibility of evidence and the statutory compliance with the procedures employed by several municipalities in this county in what have come to be known as ‘photo enforcement’ citations,” the unanimous ruling stated. At trial, attorney R. Allen Baylis objected to the admission of the red light camera photographs because the city had failed to lay a proper foundation for the evidence. The court agreed.“The photographs contain hearsay evidence concerning the matters depicted in the photograph including the date, time and other information,” the ruling summarized. “The person who entered that relevant information into the camera-computer system did not testify. The person who entered that information was not subject to being cross-examined on the underlying source of that information. The person or persons who maintain the system did not testify. No one with personal knowledge testified about how often the system is maintained. No one with personal knowledge testified about how often the date and time are verified or corrected. The custodian of records for the company that contracts with the city to maintain, monitor, store and disperse these photographs did not testify. The person with direct knowledge of the workings of the camera-computer system did not testify.”

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