Legal Question in Criminal Law in California

Grounds for Traffic Court Appeal?

Recently, I was in traffic court for turning on a red left-hand turn arrow. I read "Fight your Tickect" and prepared a strong defense. I did everything they suggested and still lost. The judge I saw was a retired judge, "Pro Tem" and would not look at my photographic evidence or video tape evidence, because "It could not demonstrate accurately the view of the human eye and that only a Fish eye lens may work". Was he fair in not allowing me to use my photographs and video in my defense? Do I have grounds for an appeal on this issue?

Thanks from Ventura, CA.


Asked on 1/01/00, 2:45 am

1 Answer from Attorneys
Larry Bruce Larry B. Bruce Attorney At Law

Re: Grounds for Traffic Court Appeal?

Hello,

You certainly have a right to an appeal but you must

file it in a timely manner. Photographic and video

evidence is perfectly acceptible IF IT IS TESTIFIED

IN COURT THAT IT ACCURATELY REPRESENTS HOW THINGS

APPEARED IN REALITY THE DAY OF THE INCIDENT. A

"fisheye" lens..... how hysterical.???!!! If you

stated that it appeared accurate then the burden

shifts to the prosecution to show how it wasn't.

Now, use of lens in still photography does affect

how something looks. Telephoto foreshortens things

and wide angel stretches things.

File that appeal and give em hell.

Larry Bruce

Read more
Answered on 1/03/00, 6:13 pm


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