California Court of Appeal

In a prosecution for failing to stop for a red signal as detected by an automated traffic enforcement system (ATES), conviction is affirmed, as: 1) a local jurisdiction must comply with the notice and public announcement provisions of Vehicle Code section 21455.5(b) when it commences operation of the ATES, but not each time ATES equipment is placed in operation at each new intersection; and 2) compliance with section 21455.5(b) is not an element of the charged violation, and noncompliance provides no basis for exclusion of evidence obtained from an ATES.

Appellate Information

• Decided 04/03/2012
• Published 04/03/2012

Judges

• Kitching

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Sherman M. Ellison, Dapeer, Rosenblit & Litvak