WhiteDiamond

I searched and found that the "civil penalty" is not against anyone and is just a payment to the ?????

So, with that said, it really isn't a big deal, but it is. Do they have to prove who was driving if I decide to fight this? I went online and there is a video of the car going through the intersection from the rear. There are 3 pictures of the car from the rear. No front picture, so no picture of who was driving(can't remember specific trip either, so not sure if I was or my wife was).

I live in Austin and the mentality of our government here really annoys me, I don't want to pay for ANYTHING they don't have the law behind them to receive. I am going to send a letter in stating as such, using my 6th and 5th amendment rights, and see what happens. Can anyone tell me what is about to happen, though??

Spare Time Toy

I got one from a town north of dallas but south of frisco that starts with a "P". Not wanting to bring on wrath of local barney one bullet. It came to me three years after the date of the "infraction" I tried to protest but was told I was too late. I showed them the post date was two days before I got it. They didnt care just pay the fine they said. I said I have a right to a trial not in said mystery town I dont, I am late I must pay. Me being the inquisitave guy I am I ask what if I dont pay? Judge tells me we will lock the license plate on that car and you cant register it in this town until you pay! I laughed and said is that all? he says yes, I laugh and say good luck with that I got rid of that car 2 years ago!!! He was getting a little pissed at me and said then just what the hell are you woried about? I said I dont want anyone banging on my door at 2AM hauling me off. He said they cant do that for this type of fine now pay up. I say NO and walked out.

WhiteDiamond

When you go look up the law on these cameras, the law states the ticket is a "civil" ticket and the state cannot impose an arrest warrant or any points/record on your driver's license. This is absolutely the most blatant "revenue" collection set up ever and I do not believe they have any legal right to pursue the individual for ANYTHING. They cannot even send a collection agency after you for the fine, because they would have to impose the fine against you. That requires the state proving beyond a "reasonable doubt" that you committed the alleged offense. There is NO picture of me, or anyone, driving the vehicle in question. I believe these tickets are a scam for those who simply don't know the law.

Spare Time Toy

Keep us posted as to how this works out for you.

okie08vette

In civil cases you don't have to prove anything "beyond a reasonable doubt" all you need is the "preponderance of the evidence" so it's you car running the light so there fore you are responsible for the fine. No points or anything criminal because it's only a civil action. Not much they can do if you don't pay except issue a judgement against you.

Dirty Harry

I read about this one individual that happen to be a Physics teacher. He challenged the ticket in court based on physics and the fact that they couldn't prove how fast his car was going through the intersection, "light was green when he entered and the speed he was traveling was so slow that it changed while in the middle of the intersection and he did not exit the intersection before the red light" the judge dismissed the ticket.

Here are a few other ways to challenge:

The introduction of the camera photo into evidence is hearsay. A court cannot allow hearsay evidence without some exception, and it is contested in many jurisdictions whether a red light camera photo is considered hearsay.
The photo cannot be used to prove the traffic light was properly operating. The prosecutor must provide some evidence that the red light was operating correctly, typically by way of a witness who maintains or checks that traffic signal.
Use of the camera photo is a violation of your Sixth Amendment right to confrontation. The Constitution guarantees you the right to confront your accusers. That means the photo technically cannot be allowed into evidence without allowing you to cross-examine a witness who maintains the records and system associated with the camera.

Dirty Harry "Lee" -Torch Red 03 Supercharged
North Dallas Corvette Club / [Founding Member]
http://ndcctx.com/