If the magistrate can not find the video tape of the red traffic light incident, what are my rights?

Question

I received a ticket in the state of Michigan for running a red light. I denied responsibility because the light was yellow. At my court hearing the video tape which shows whether or not I ran the red light was not shown because the magistrate says I have to request it. Another court date was set and the video tape will be showed, however, the magistrate said they may not have the tape because the incident occurred two months ago (because I travel a lot the court date was scheduled about two months after the incident) If the magistrate does not have the video what are my rights? I do not want it to end up with the police officer giving his story and then with me telling my story and then allowing the magistrate to judge because he will rule in favor of the police officer.

Answer 1

I don't know Michigan law but here are your basics. Running a red light is a criminal offense. You are, therefore, innocent until proven guilty beyond a reasonable doubt. The evidence that you ran a red light can be film or personal observation. The film can convict you, but they have to have it for court for the magistrate to view. The officer's observation can convict you but he had to see you run the light, viewing the film doesn't count. If they don't have the evidence to convict you, then you are entitled to have the case dismissed because with no evidence the magistrate legally cannot be convinced beyond a reasonable doubt of your guilt.

Answer 2

Your rights are unchanged regardless of whether or not the tape is found. Under the US Constitution, you are innocent until proven guilty in a court of law. To be proven guilty, the judge or jury must be convinced beyond a reasonable doubt by the evidence that you actually committed the offenses of which you have been charged.

You've been charged with running a red light. Okay. The only evidence that you have that the light was yellow is your own testimony. The evidence the state seeks to present is a video tape. If the tape cannot be produced, then unless there is some other form of evidence, say the testimony of a police officer, the case will be dismissed for lack of evidence. But the mere fact that the tape has been lost doesn't give you any real rights you didn't already have. If there is a police officer who saw you run the red light, he'll be testifying anyways. If there isn't, you're free.

Hopefully it'll be thrown out because no one saw you do it. If someone did see you do it, it doesn't matter whether or not they can find the tape.

Answer 3

The burden of proof is ALWAYS on the prosecution. If they can't prove you commited an offense, they they have to dismiss the case against you. This is as simple as that. Ask any lawyer.