Video Camera traffic tickets dismissed by Judge in San Jose, Ca.?

[crom]

I heard that one judge tossed out a bunch of video camers recorded /issued red light tickets in San Jose, Ca. recently because it is signed by the video company employee not an officer as required by law. I could not find the associated law mentioned that any traffic ticket has to be issued by a law enforcement officer. I really appreciate that any one can help me on this.

[sylvester37]

that loop-hole was probably closed within the day

[vanaken25]

If it was a traffic court judge or even a Circuit Court judge his ruling does not apply to any other cases except the ones he ruled on.

[teyo]

It is Code Section 21455.5 (c) (2) (F). Look at the last item below:


21455.5. (a) The limit line, the intersection, or a place
designated in Section 21455, where a driver is required to stop, may
be equipped with an automated enforcement system if the governmental
agency utilizing the system meets all of the following requirements:
(1) Identifies the system by signs that clearly indicate the
system's presence and are visible to traffic approaching from all
directions, or posts signs at all major entrances to the city,
including, at a minimum, freeways, bridges, and state highway routes.
(2) If it locates the system at an intersection, and ensures that
the system meets the criteria specified in Section 21455.7.
(b) Prior to issuing citations under this section, a local
jurisdiction utilizing an automated traffic enforcement system shall
commence a program to issue only warning notices for 30 days. The
local jurisdiction shall also make a public announcement of the
automated traffic enforcement system at least 30 days prior to the
commencement of the enforcement program.
(c) Only a governmental agency, in cooperation with a law
enforcement agency, may operate an automated enforcement system. As
used in this subdivision, "operate" includes all of the following
activities:
(1) Developing uniform guidelines for screening and issuing
violations and for the processing and storage of confidential
information, and establishing procedures to ensure compliance with
those guidelines.
(2) Performing administrative functions and day-to-day functions,
including, but not limited to, all of the following:
(A) Establishing guidelines for selection of location.
(B) Ensuring that the equipment is regularly inspected.
(C) Certifying that the equipment is properly installed and
calibrated, and is operating properly.
(D) Regularly inspecting and maintaining warning signs placed
under paragraph (1) of subdivision (a).
(E) Overseeing the establishment or change of signal phases and
the timing thereof.
(F) Maintaining controls necessary to assure that only those
citations that have been reviewed and approved by law enforcement are
delivered to violators.

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