The Latest on Red Light Camera Ticket Law

April 29, 2013

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Over the last few years there has been a heated debate on the admissibility of evidence in red light camera ticket cases.  In Kern County, the Courts would most often allow the evidence unless a legal objection was raised.  Recently, the California Courts ruled that the printed representation of computer-generated information, video, or photographic images stored by an automated traffic enforcement system (ATES) does not constitute an out-of-court hearsay statement by a declarant. This was codified in the Vehicle Code as law.  The high Court ruled that the printed representations are presumed to be accurate representations of the information or images they purport to represent. This presumption affects the burden of producing evidence and satisfied the CA evidence code in most cases.

As amended by SB 1303 (effective January 1, 2013), these California criminal code sections basically establish that ATES photographs are not hearsay, and thus no hearsay exception is required.  Therefore, most judicial reviews of the violations in Kern County will now be guided by this law and authority.  The legislation resolves a conflict between two Second District Court of Appeal cases. Both cases have been granted review by the California Supreme Court  which should issue a legal ruling in the near future.


Does Bakersfield Offer a Diversion for DUI?

April 29, 2013

A diversion program is where the prosecution agrees to dismiss all charges in a criminal case when a defendant agrees to do certain things such as community service or a rehab program.  The purpose of the diversion is to ensure that the ddoes not re-offend and gets help for the reason why they committed the crime in the first place.  Unfortunately. under California state law diversion programs are generally not possible for certain crimes. such as rape, sex offenses and, believe it or not, drunk driving.  Yes, driving under the influence is excluded as a crime that can be dismissed or erased off a person’s record.  If you possess drugs you can get a diversion, but if you drink and drive it is not legally available.  There are ways to get a DUI removed however, and a lawyer can help explain what and how this is possible.