How to Contest a Red Light Camera Ticket in California
Understanding Your CVC 21453(a) Red Light Camera Notice
If you receive a red light camera citation in the mail, the first step is to carefully review all of the information included with the notice. Most red light camera citations in California charge a violation of CVC 21453(a) (Red Light Violation) or, in some cases, CVC 21453(c) (Red Light — Circular Red). The citation should contain photographs and possibly video of the alleged violation, showing your vehicle in the intersection after the traffic signal turned red.
Pay close attention to the date, time, and intersection identified on the citation. Also note the deadline for responding and the options available to you, which are typically listed on the notice itself or on an accompanying information sheet.
Many drivers find it helpful to view the photographs or video evidence online, as most red light camera programs provide a website where you can review the evidence using a citation number or access code printed on your notice.
Steps to Contest Your Citation
Contesting a red light camera ticket in California typically involves requesting a hearing or submitting a written contest. The specific process depends on the jurisdiction that issued the citation.
- Review the evidence provided with your citation, including all photographs and video.
- Identify your grounds for contesting the citation based on the evidence and circumstances.
- File a request to contest by the deadline indicated on your notice.
- Prepare your written statement or gather materials for your hearing.
- Submit your contest or appear at your scheduled hearing.
- Wait for the decision, which will be communicated to you in writing.
Common Defenses
Several defenses are commonly raised when contesting red light camera tickets. The applicability of each defense depends on the specific facts of your situation. Consider consulting with a licensed attorney to evaluate which defenses may be strongest in your case.
Right Turn on Red
In California, a right turn on red is generally legal after coming to a complete stop, unless a sign prohibits it. If you received a red light camera citation for making a right turn, you may be able to argue that you made a legal right turn. Review the photographs to determine whether the images show that you came to a complete stop before turning.
Yellow Light Timing
California has minimum yellow light timing standards established by Caltrans. If the yellow light interval at the intersection was shorter than the required minimum, this could be a valid defense. You can request the traffic signal timing records from the city or the entity that manages the intersection.
Not the Driver
If you were not the person driving the vehicle when the alleged violation occurred, you may be able to submit an affidavit of nonliability. This sworn statement declares that you were not the driver at the time of the violation. Review the instructions on your notice for how to submit this declaration.
Learn about the affidavit of nonliability process. Affidavit of Nonliability in California →
Filing Your Review
When you are ready to file your contest, follow the specific instructions provided with your citation. Some jurisdictions allow you to file online, while others require mail or in-person submissions. Make sure to file before the deadline to preserve your right to contest.
If you are filing a Trial by Written Declaration, you will need to complete the TR-205 form (Request for Trial by Written Declaration) and include your written statement along with the required bail deposit. If you are requesting an in-person hearing, you will typically need to contact the court to schedule your appearance.
What Happens Next
After you submit your contest, the reviewing authority or court will evaluate the evidence and your arguments. If you filed a Trial by Written Declaration, a judge will review your written statement alongside the officer’s or agency’s statement and issue a ruling by mail.
If the judge or reviewer rules in your favor, the citation is dismissed and any bail deposit you paid is refunded. If the ruling is not in your favor, you may have additional options, such as requesting a Trial de Novo (a new in-person trial) if you used the written declaration process.
The timeline for receiving a decision varies, but many cases are resolved within 30 to 90 days of submission. If you have not received a decision after 90 days, consider contacting the court or issuing agency for a status update.
Understand the fines associated with red light camera tickets. Red Light Camera Fines in California →
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Este artículo proporciona información educativa general sobre la ley de tráfico de California. No es asesoramiento legal. Para asesoramiento específico a tu situación, consulta con un abogado con licencia. TicketClear no es un bufete de abogados y no proporciona representación legal. Los resultados varían. Cada citación es única.