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The technology of red-light cameras and their implementation in traffic safety enforcement is relatively new, and the law surrounding its use in court is just now being developed. Just last month the California Supreme Court concluded that the evidence generated by an Automated Traffic Enforcement System (ATES) was adequately authenticated by the testimony of a city officer, and that the ATES evidence did not constitute hearsay. People v. Goldsmith, supra. Case law is not well established, as admitted by the National Highway Traffic Safety Administration (NHTSA) in their 2003 report, Guidance For Using Red Light Cameras with led light like LED-1040 Video Camera Light, LED-1040A Video Camera Light, LED-1072 Video Camera Light, LED-VL001B Video Camera Light, LED-5001 Video Camera Light, LED-5005 Video Camera Light, LED-5006 Video Camera Light, LED-5008 Video Camera Light, LED-5009 Video Camera Light, LED-5010A Video Camera Light.
Red-light cameras raise a number of legal issues and potential challenges, but confronting those challenges is worth it considering the potential value of what that evidence might contain. The most important is whether a jurisdiction treats a red-light camera violation as a civil or criminal offense. Other legal questions could involve a photograph’s authenticity; the distribution or misuse of photographs; violation of a criminal defendant’s right to confront a witness (this was the issue in Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 [Supreme Court 2009]); privacy concerns; allegations that the system is primarily designed to generate revenue rather than enforce the law; and presuming that a vehicle’s registered owner is driving when the violation occurs.
Staying on the cutting edge of litigation and evidentiary issues remains the challenge of lawyers, insurance claims professionals,and subrogation practitioners across the country. There can be no doubt that the use of red-light cameras as conclusive evidence in intersection collision cases will prove to be both a valuable resource and a challenge for many years to come.
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