Proposed changes to Red Light Camera Ticketing
Assembly member Bob Wieckowski’s AB666 and its Potential Impact
Last year, Assembly member Bob Wieckowski introduced AB666, commonly known as the “Devil’s Bill,” which aimed to change the way that red light camera tickets are prosecuted in California. If enacted, the bill would require the administrative hearing of red light camera tickets instead of going to an independent traffic court. However, this would result in the loss of many constitutional protections usually granted to the accused.
Increased Liability for Vehicle Owners
Notably, the owner of the vehicle, instead of the driver, would be held responsible for any violations committed, even if they were not driving the car. In other words, if you lend your car to a friend or family member and they run a red light, you would be held responsible for the ticket unless you can prove who was driving the vehicle at the time of the offense.
Changes in the Prosecution Process
Under the proposed law, red light tickets would be treated as prima facie evidence against the driver, meaning that the hearing officer would automatically assume the ticket is true. The city would not have to provide any other evidence, and no officer would need to testify. Instead, the hearing officer would simply assume that the city complied with the law, and the cameras were working correctly.
Hearing officers need not be lawyers or judges and can be chosen by the city. In the administrative hearing process, guilt is determined by a “preponderance of the evidence,” meaning that it is more likely than not. It is a lower standard compared to what the state has to prove now, which is beyond a reasonable doubt.
Consequences for Vehicle Owners
The proposed law would have a hold placed on your registration as soon as the city mailed you the ticket, rather than waiting until you are found guilty. If you are found guilty, you would still receive a point on your driver’s license, and be responsible for the $400-plus fine, regardless of whether or not you were driving the vehicle.
The Potential Expansion of the Program
If AB666 is passed, it could open the doors to photo enforcement of other traffic violations, such as speeding and U-turns. This could significantly increase the number of tickets issued to motorists in California.
Opposition and Potential Reappearance
There are groups fighting against AB666, as the proposed law would strip away many constitutional protections of the accused. In the face of extreme opposition, Wieckowski withdrew the bill last year, but it could always reappear, especially as red light cameras continue to pop up in many California cities.