Archive for January 21st, 2009
California Appellate Court Overturns Conviction for Running a Green Light
Author: goldironCalifornia Appellate Court Overturns Conviction for Running a Green Light
Los Angeles County Appellate Court overturns red light camera conviction of a woman who ran a light that was simultaneously red and green.
An appellate court last Wednesday vindicated a woman who had been convicted by a Santa Monica, California trial court after a red light camera ticketed her for running traffic lights that showed both red and green signals. The motorist, who asked only to be identified by her last name, Williams, had been driving her Chrysler in Culver City on the morning of March 29, 2007. When she looked at the signal nearest her at the intersection of Washington Boulevard and Helms Avenue, she saw the light was green and proceeded. She was then surprised by the flashing of a red light camera and further confused days later when she received a letter mailed by Redflex Traffic Systems that contained a photograph showing her running a red light and a demand for $380.
Knowing something must be wrong, Williams looked more closely at the photos taken by the red light camera system that day. She soon discovered that the light closest to her line of vision was green, but the overhead traffic signal was red (view uncropped image). Regardless, Culver City Police Sergeant Allan Azran insisted that both lights were red.
“We’ve had our traffic engineers check it,” Azran testified. “It’s just because the flash goes off at this instant. Sometimes it may appear that the lights are doing different things.”
During cross-examination, Williams asked Sergeant Azran why the video evidence she was shown before the trial did not show the second traffic signal.
“The video camera in order to capture the necessary footage, does not have coverage for that particular, uh, for that particular signal,” Azran replied.
That was good enough for court Commissioner Pamela Davis who quickly found the driver guilty.
“Based on the evidence presented today, um, and notwithstanding your presentation or I guess the copies of the copy of the, you know the, the evidence that you presented in the court’s opinion isn’t the best evidence of this specific date and time and the violation itself,” Davis ruled. “I understand what you’re trying to, uh, explain after the fact, however, with all due respect, it’s clear to the court from the evidence presented that the light phase is red… The court believes based on the totality of the evidence presented, that the light phasing phased to red on this date and time, clearly red not green and red, or green on one light and red on the other. The court does find you guilty as charged ma’am.”
Davis, who is notorious for siding against drivers in traffic court, refused to certify the verbatim court transcript that the defendant had commissioned at her own expense. Davis knew that it would be next to impossible to have her decision overturned on appeal without a certified transcript as part of the record.
The photos themselves, submitted as part of a motion to augment the record on appeal, were enough for the Los Angeles County Superior Court Appellate Division to decide that this case had been mishandled.
“When defendant approached the intersection, there were two inconsistent traffic signals: one that was green, directing her to proceed, and one that was red, directing her to stop,” the unanimous three-judge appellate panel concluded. “Not surprisingly, traffic signals facing in the same direction must display the same information for through traffic in order to avoid driver confusion and the likelihood of accidents… The prosecution therefore failed to prove the essential elements of a violation… that defendant failed to stop when ‘facing a steady circular red signal alone,’ and on this basis, we must reverse defendant’s conviction.”
The appellate decision does not affect the cases of several other motorists convicted by Davis at that same intersection while one of the traffic lights showed green. A full copy of the appellate court decision is available in a 3.5mb PDF file at the source link below.
Source:
California v. Williams (California Superior Court, Appellate Division, 1/14/2009)
Horry County Council talks trash, bike week ordinances
Bike week issues have been recently making headlines in the city of Myrtle Beach, but they are a discussion county-wide.
Tuesday, the Horry County council voted to pass an ordinance on vendor permits that would cut the number of bike week vendors by more than half, but not before wrestling over the specifics of the measure.
As it was written and passed, the proposed ordinance would limit the number of vendor permits issued during Spring and Fall motorcycle rallies.
Last year, 650 permits were available for vendors wanting to set up throughout the county. Under the new proposal, 200 permits would be available, 100 east of the Intracoastal Waterway and 100 west of the Waterway.
The temporary vending fees will also be increased under the proposed ordinance and it would also cut the length a permit is valid - five days in the Spring and Fall Harley rallies and four days for the Memorial Day Bike Fest.
Some local bikers say businesses and bikers would suffer.
“It’s also going to hurt the local people who sell stuff. So, it doesn’t matter, whether it be the harley dealership or just be a local vendor that puts a tent up, everybody is going to lose if it goes down,” said Gene Ostrow, who was attending Tuesday’s council meeting.
Bubba Chandler agreed. “I think Myrtle Beach has done enough, they don’t need to do anything else. Just plain and simple as far as I’m concerned,” he said.
Chandler referring to the many ordinances recently put into place by the city of Myrtle Beach.
As far as the county council, Councilman Howard Barnard said he’d like to see the measure pass as soon as possible so those who are affected have enough time to react to it.
The measure will be heard a third time, and if it passes then, it will become law.
Just before the council took up bike week issues, they talked trash.
At a workshop, council members learned more about the potential impact of the county mandating where all of its trash must be dumped.
Right now, local municipalities and private haulers have the choice of taking trash they pick up to landfills in other counties. The Horry County Solid Waste Authority argues, when trash is dumped outside the county, they lose millions of dollars - $3.5 million in 2007 - that could go to county-organized educational, emergency and recycling programs.
Meanwhile, private haulers argue they should be able to operate their businesses without that sort of government interference. They claim that requiring them to dump their trash in a county selected location as opposed to allowing them to choose which locations are most cost effective for their business could drive them out of business.
The ordinance needs to pass two more readings to become law.
