Didn't see a stop before turning. Pay up.
I have no idea if the tape is admissible in court or not. And I suppose if you can fight it and avoid the penalty, more power to you.
But any attempt to justify your obvious failure to adhere to the law is silly. You didn't even remotely come close to stopping. No hesitation at all. You merely slowed down enough to make your turn. We've all done it, but this time you got caught. Accept it, and pay up.
yeah, I'm gonna pay it. I was just pissed about it. Anyway, taking down the link now.
Read Travis’s post…RED MEANS STOP…The laser clocked you at 19 mph…You need to make a safe & complete stop & proceed only if you are clear to do so…
The websites evidence is irrefutable…Props to the folks who put that all together…
+1
If you fight the charge of running a red light, you will lose.
What you might be able to do is ask for a jury trial and ask to face your accuser, telling the jury that a camera is not what was intended when it was written in the cons ution.
I'm not able to view the video here, but is your face visible? Does someone else ever drive your car? You could go that route if you feel like lying....
The Texas House just voted 107-36 last week in favor of 'sunsetting' the red light camera programs in Texas. It still has to pass the Senate, but it seems a matter of time before it is scrapped altogether.....too bad for you.
You may want to double check, but I don't think Texas carries points at this time for a red light camera violation, so my advice would be just to pay the $75 ticket and be done with it.
Whether video would be admissible in a state district court, in a criminal proceeding, strikes me as pretty much immaterial in this instance, given that you're dealing with a muncipal court (at most) in a civil proceeding. The evidentiary safeguards that exist in criminal trials are frequently relaxed in civil trials -- the erroneous admission or exclusion of evidence in civil cases will almost never be a basis to reverse a judgment. More importantly, you're looking to contest the admissibility of that tape in a court where such evidence is (I'd guess) frequently used by the prosecutors where infractions are challenged. Even your own statements about it suggest that the video is inadmissible except where a judge decides to let it in -- and my guess would be that a municipal judge in Balcones Heights would likely let that video in. If you want to contest it, hire a good lawyer and be prepared to go through several stages of litigation to vindicate your position. You might be able to get by without spending more than about $10,000 or so.
Or, as several others have noted, acknowledge that you broke the law (Section 544.007(d)(1) of the Texas Transportation Code, to be specific) -- however silly you might think that law is -- pay the $75.00 fine or take a deferred adjudication with a defensive driving course if pleading guilty is too much to stomach.
why? what are you doing that you don't want to get caught doing?Thank the stars! Those dumb ass cameras piss me off.
Actually. I just learned this is Civil citation and not criminal. If I dont pay it, at worst I will get a hit on my credit report. I cant get arrested for it and I wont take a hit on my insurance if I refuse to pay.
http://www.offthekuff.com/mt/archives/009097.html
And then this from 2007Balcones Heights City Council member and blogger Steve Walker, the main critic there of the cameras, brought up the collections issue in an op-ed piece he wrote:
One of my biggest roadblocks for voting to approve the proposal has always been the fact that the ticket issued is a civil violation and not a criminal offense. In other words since Balcones Heights police officers or any other peace officer don't write the citation, there is no mechanism in place to insure that the red-light runner pay the fine for the infraction.
When a certified peace officer issues a traffic violation, failure to pay may result in arrest, suspension of driver's license and may affect the driver's ability to retain insurance at a reasonable cost. None of that applies to the civil citation.
I would point out that there is no real due process to appeal the violation to a judge since it goes before a hearing officer to rule on guilt or innocence.
Since they base the citation on video tape of the automobile's license plate and not the driver of the vehicle, there is no reliable way to determine accurately who was driving the automobile.
The owner of the vehicle is the one ticketed. He or she receives a summons from ATS, headquartered in Arizona. ATS is also the vendor who installed the video equipment.
According to the five-year contract between the City and the vendor, ATS is responsible to process the citations, collect the traffic fines, and once the fine is paid, send the City a portion of the fine for the infraction. ATS retain $40 for each ticket collected since they own the video cameras.
http://www.ksat.com/news/11604240/detail.html
Offenders caught by police can face a fine up to $200.SAN ANTONIO -- Red-light cameras in Balcones Heights have issued 400 citations since the cameras debuted March 26, police officials said.
Balcones Heights Police Chief Bill Stannard told City Council members Monday night that the cameras are catching between 10 to 15 violators a day.
"Everything is going good," Stannard said. "The cameras are working excellent, the way we thought and hoped they would."
But as of Monday, none of the violators had paid the $148 fine, Stannard said.
Councilman Steve Walker, who opposed the installation of the cameras, said he wasn't surprised that no one has paid up.
"It's all civil," Walker said. "It's just a matter of they send you a ticket and say, 'Please pay this ticket.' In criminal, a police officer can arrest you. With this, you cannot be arrested, your insurance cannot be affected; nothing can happen to you, basically."
The cameras were first installed at four intersections in late February.
Getting caught on camera, however, is a civil violation that carries a $75 fine.
The problem is that it contradicts state law to issue a civil violation for a state law which defines running a red light as a misdemeanor criminal offense.
Because its a civil citation for a criminal offense I am not allowed my right of due process or the right to face my accuser.
Im reading more into it before I decide what to do.
Last edited by phyzik; 05-19-2009 at 04:14 PM.
you gotta be sh1tting me.According to the five-year contract between the City and the vendor, ATS is responsible to process the citations, collect the traffic fines, and once the fine is paid, send the City a portion of the fine for the infraction. ATS retain $40 for each ticket collected since they own the video cameras.
I can sympathize with wanting to fight it even though you know you "technically" broke the law. But from my experience it's not worth it. I skipped half a day of work to try to argue down a noise violation citation I received and I got about $20 knocked off of it. Just pay it and forget about it.
Or I could just NOT pay it and forget about it since its a civil violation
Aww man, I wanted to see the video....
I drive in Shavano Park and Castle Hills everyday so you get no sympathy from me.
Follow the law when you drive there.
And you could then discover that you did not get that job you applied for because they checked your credit report and this was on it.Or I could just NOT pay it and forget about it since its a civil violation
For someone who isn't worried about the 75 bucks you sure are fighting it alot.
The municipal courts should have a sign above the door that reads 'everyone pays', best case scenario you win the case, you still have to pay dismissal fees and for lunch....if its not reported on your driving record give it up...
I figure if theyre sending you a picture/video of your traffic offense, its only right to send them a picture/video of the cash as payment in full.
Just take a picture of a $50, $20 and a $5 and mail it in.
and a video on a mini CD of me putting the cash in their return envelope.
That's pretty cool where you're at. Only civil if the camera catches you.
In california if the camera catches you on a red light violation it's a 200 dollar fine that you have to pay.
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