Some bad news for red-light runners: Last week, in a rare published opinion, the appellate division of the Los Angeles Superior Court made it harder to challenge the tickets spit out by cameras aimed at busy intersections.
The ruling in People v. Goldsmith comes one year after People v. Khaled, where an appellate division in Orange County ruled that photographic evidence is hearsay, and inadmissible. The Goldsmith panel acknowledged but “respectfully disagreed” with Khaled, reasoning that photos transmitted from a red light camera do not “amount to a ‘statement’ from a human declarant,” and therefore can’t constitute hearsay. Accordingly, defendent Carmen Goldsmith’s red light citation, and corresponding fine, was affirmed.
John Jackman, the Northridge attorney for Goldsmith — who is his administrative assistant — said they intend to appeal the decision to the Second District, and suggested the L.A. panel had invited such an appeal with its opinion.
“I see this as [the panel] setting up a fight,” he said.
Although neither Khaled nor Goldsmith is binding outside of their respective counties, the former has resulted in an “uptick” in red light citation appeals, according to Huntington Beach attorney Alan Baylis, who represented defendent Khaled.
But even with the precedent, he said, it can be tough getting the tickets tossed out.
“It’s difficult enough to get Orange County Courts to follow [Khaled], and even less likely in other courts,” he said.
Baylis said violators must do a “proper” job defending themselves in traffic court to create a sufficient record to make an appeal worthwhile. They often fall short, he said, particularly if they represent themselves.
You can read the Goldsmith decision here.
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