PAFreePress: Mr. Simitian, Redflex, a Redlight Camera Company, helped you write your Red Light Camera Bill, SB 1303, yet you have promoted your Bill as being inspired by a victim of a Red Light Camera Company without mentioning Reflex’s input into drafting your Bill, is this a deliberate attempt on your part to deceive the public?
Mr. Simitian: No comment.
PAFreePress: Mr. Simitian you have promoted your Bill as protecting drivers like Vera Gil, making it easier for her and other drivers to fight wrongfully issued tickets, yet your Bill will actually make it more difficult for Gil and others to fight tickets by denying drivers to challenge their accuser in court. Have you deceived Vera Gil into believing you have helped her when you have actually made it more difficult her to fight a ticket?
Mr. Simitian: No comment.
On Senator Simitian’s own website and through the media he has championed his Red Light Camera Bill, SB 1303, as protecting the rights of Californian’s by making it easier to fight wrongfully ticketed drivers.
Vera Gil who won Sen. Simitian’s “there outa be a law” contest received five erroneous Red Light Cameras tickets due to a computer/camera glitch in misreading her license plate. Gil was informed by the company who issued her the falsified tickets that, “IT WOULD BE COST PROHIBITIVE AND WE WOULD NOT MAKE ANY MONEY IF WE DID THAT.” Vera Gill
Recently obtained documents, (RLC – Red Light Camera Package (8-28-12), indicate that representatives, lobbyists from RedFlex, worked with Sen. Simitian on adding this provision which would allow hearsay evidence and actually make it more difficult for drivers to fight their tickets contrary to what Sen. Simitian is proclaiming to the public.
In a memo, Redflex states that their lobbyist met with the Senator’s staff and requested that the Senator codify the hearsay acceptance by superseding case law. Attorney Frank Iwawa who has vigorously and successfully defended drivers issued Red Light Tickets said that the cases of Goldsmith and Borzakian are being heard by the California Supreme Court to be settled. It appears that Redflex and Simitian are trying to circumvent the Supreme Court’s pending decision on hearsay evidence.
Not only will Senator Simitian’s Bill supersede case law, but existing codified law, Penal Codes Penal Codes 836. (a) (1) and 19.7 which state that a peace officer can only arrest a person for a misdemeanor and or cite a person for an infraction when the offense has been committed in the officer’s presence.
“Unfortunately, in order for a motorist to be cited for an infraction, it would have to be witnessed by an officer. No, I don’t mean witnessed via video or digital camera, but live,” CHP Public Information Officer Art Montiel said. (ContraCostaTimes.Com May 28, 2012 Gary Richards)
Contrary to Article 1 Section 7. (b) of the California Constitution Senator Simitan’s Bill which was written with the help of and for the benefit of Redflex will allow Redflex to issue tickets and prosecute California citizens in traffic/criminal court something that no other citizen is allowed to do.
The Bill SB 1303 is on Governor Browns desk to be signed into law or vetoed. Gov. Brown’s office http://www.gov.ca.gov or call 916-445-2841)