Check the date and time of the incident, and review your own schedule. This can help you place the incident and figure out if you were driving your car. Citations are sent to the registered owner of the car. However, if you weren’t driving your car when it triggered the camera, you aren’t responsible for paying the ticket.
Your citation will have information on what website to visit if you want to view the photos or videos of the incident. If the photos or videos aren’t available online, you can request them from the law enforcement agency that issued your citation. The name and address of that agency will be listed on the citation.
You also must provide the driver’s license number of the person who was driving. If you don’t have this information, fill out as much as you can and leave the rest blank. The law enforcement agency will be able to look it up.
Take a stop watch and time several cycles, then average the result you get. Compare your result to the required time listed in the California Manual on Uniform Traffic Control Devices. You can download a copy of that manual at http://www. dot. ca. gov/trafficops/camutcd/. If the yellow light interval is shorter than the minimum required time, you have a defense against your red light ticket.
If there are not any warning signs, or if the warning signs aren’t clearly visible, you may have a defense against your red light ticket. For example, the sign may have fallen down, or may be obscured by a tree branch.
If this information is available, you can use it as a starting point. However, if you want to fight your red light ticket you should still go to the intersection and check the information for yourself. Things might have changed since those readings were taken.
Law enforcement agencies are required to provide this information to the public if it is requested. If you run into any problems, you may want to consult a traffic attorney. They can help you get the information you need.
Some cities and counties may also allow you to enter a “not guilty” plea online. Others only allow you to pay the fine online – if you want to fight the ticket, you have to appear in court. If you need an interpreter at the trial, request one at your arraignment.
For example, suppose you are arguing that the yellow light was too short. If you had a passenger in the car with you and they recall the yellow light being short, you might bring them with you to testify on your behalf. If you’re citing any laws or regulations, bring copies of them with you. For example, if your argument is based on the yellow light interval, you should bring a copy of the relevant portion of the California Manual on Uniform Traffic Control Devices.
Contact the court ahead of time to find out what methods of payment are accepted. Generally, you can pay with a certified check or money order. Most courts don’t take personal checks, and some may not take credit or debit cards.
Treat the occasion seriously. Keep your documents and evidence neat, and dress as though you are going to a job interview or attending a religious service. Take a seat in the gallery, as traffic courts typically hear many cases in one session. You can move to the front of the courtroom when your name is called.
Stick to the facts, and avoid any emotional pleas. The judge has likely heard them all, and it won’t help you – it might even work against you. Treat the judge with respect, and refer to them as “your honor. " Using “sir” or “ma’am” may also be appropriate. Never interrupt the judge. If they start talking, stop and wait until they’re finished. If they ask you a question, it’s polite to ask if you can continue before you start your presentation again.
If you use the trial by written declaration procedure, you may be required to pay the full bail amount when you submit your declaration. It will be refunded if the judge rules in your favor.
If you plan to appeal the judge’s decision, you can ask for a stay of judgment pending appeal. This means you don’t have to pay the fine until after the appeals court hears your case. However, the judge may decline your request. [14] X Research source If you had a trial by written declaration, you can request a new trial in court if you are dissatisfied with the judge’s decision. You must make this request within 20 days of the date on the judgment.
Look for an attorney who specializes in traffic law. Preferably, you want someone who has experience getting red light ticket convictions overturned. Most attorneys offer a free initial consultation. Use that opportunity to interview 2 or 3 different attorneys so you can choose the best one to represent you.
There is no fee to file a notice of appeal. If you are representing yourself or have not yet hired an attorney before the deadline, you can download a form to use at http://www. courts. ca. gov/documents/cr142. pdf.
For example, you may be arguing that there was insufficient evidence to convict you of the infraction. This is a common reason red light ticket convictions are appealed. In that case you do need a record of the oral proceedings, so the appeals court can evaluate the evidence presented.
If you’re representing yourself, you can download a copy of a form to use at http://www. courts. ca. gov/documents/cr143. pdf.
To have the prosecutor served, you typically want to send a file-stamped copy of your statement using certified mail with return receipt requested. When you get the green card back, that serves as your proof of service. You’ll need to fill out a proof of service form to file with the court.
Both you and the prosecutor must waive oral argument. Typically, if you waive oral argument the prosecutor will not insist on it. Make sure the fact that you want to waive oral argument is included on your statement of appeal.
The appeals court clerk will mail you a copy of the written decision when it is entered. You may also be notified by phone.
