John's guests tonight are three attorneys, Annette Borzakian, R. Allen Baylis and Jacob N. Segura, Esq. The topic is Red Light Reversal case and could this began a class action suits for the benefit of other California drivers. Allen Baylis was the attorney for People v. Khaled. That case was the basis for for the Appellate court on Friday February 10, 2012 landmark decision of People of California v. Borzakian. Yes one of the guests tonight was at the heart of the appellate court's published decision; People of California v. Borzakian. In this appeal, Ms Borzakian challenged her conviction for failing to stop at a red light at an intersection equipped with an automated red light enforcement camera. Ms. Borzakian appealed the conviction because the trial court admitted evidence produced by the camera/computer system in violation of the Evidence Code and right to due process. During the trial, the trial court placed the burden of proof on Ms. Borzakian instead of the prosecution and told her, the accused, that instead of complaining there was no custodian of record, Ms. Borzakian should have subpoenaed the witness herself. Bringing up the question of why would Ms. Borzakian be required to subpoena a prosecutions witness against her in the state's case. The Court of Appeal reversed the conviction in full, reversing the trial court on everything and commenting on that court's inadequate statement of the case.
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