PEOPLE v. BORZAKIAN
203 Cal.App.4th 525 (2012)
136 Cal. Rptr. 3d 772
THE PEOPLE, Plaintiff and Respondent,
ANNETTE BORZAKIAN, Defendant and Appellant.
Court of Appeals of California, Second District, Division Seven.
January 23, 2012.
As modified January 26, 2012.
February 10, 2012.
February 14, 2012.
Wilson, Elser, Moskowitz, Edelman & Dicker and Robert Cooper for David Martin as Amicus Curiae on behalf of Defendant and Appellant.
Law Offices of Joseph W. Singleton and Joseph W. Singleton for Mishel Rabiean as Amicus Curiae on behalf of Defendant and Appellant.
WOODS, Acting P. J.—INTRODUCTION
In this appeal, Annette Borzakian challenges her conviction for failure to stop at a red light signal at an intersection equipped with an automated red light enforcement system. (Veh. Code, §§ 21453, subd. (a), 21455.5.) Because the trial court erred in admitting the evidence against Borzakian, we reverse.FACTUAL AND PROCEDURAL SUMMARY
Annette Borzakian was cited for failing to stop at a red light at the intersection of Beverly Drive and Wilshire Boulevard in the City of Beverly Hills on June 3, 2009, in violation of Vehicle Code section 21453, subdivision (a).1 Her citation (entitled "Traffic Notice to Appear[—]Automated Traffic Enforcement System") indicated the violation was not committed in the presence of the declarant identified on the citation (C. Williams), but rather was "based on photographic evidence." (See Veh. Code, § 21455.5.)2 Borzakian's trial on this infraction took place on January 21, 2010, before Commissioner Carol J. Hallowitz. The People's case was presented through the testimony of Officer Mike Butkus of the Beverly Hills Police Department and the automated enforcement evidence, comprised of three digital photographs with data box text, maintenance logs, a certificate of mailing and notice to appear. No prosecutor was present. Borzakian (representing herself)
moved to exclude the People's evidence but was unsuccessful; she cross-examined Officer Butkus but did not testify on her own behalf.