Legal Question in Traffic Law in California

Location: Baldwin Park, CA.

Received a red light camera ticket, stating traffic violation of 21453A (failure to stop at a red light) but was making a right turn 21453B is this an improper ticket and grounds for dismissal?

also I believe I can dispute the physical evidence (photos/video) under 21455.5(g)(1) "A contract between a governmental agency and a manufacturer or supplier of automated enforcement equipment may not include provision for the payment or compensation to the manufacturer or supplier based on the number of citations generated, or as a percentage of the revenue generated, as a result of the use of the equipment authorized under this section.

(2) Paragraph (1) does not apply to a contract that was entered into by a governmental agency and a manufacturer or supplier of automated enforcement equipment before January 1, 2004, unless that contract is renewed, extended, or amended on or after January 1, 2004."

the contract between The city council approved Baldwin Park's contract with RedFlex in Jan. 2006.

The contract includes an illegal "cost neutrality" clause, whereby the city will not have to pay RedFlex the full rent if there aren't enough fines to cover the cost

If the contract was signed or amended after Jan. 1, 2004 and the quantity of tickets (or the amount of ticket revenue the city gets from the court) has any effect upon the amount paid to the camera supplier it was gathered illegally.

can I have this ticket dismissed on the grounds of illegally obtained evidence?


Asked on 9/21/10, 9:28 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Try highwayrobbery.net

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Answered on 9/26/10, 11:12 pm


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