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evidence is obtained by the use of a traffic light violation | | monitoring system. |
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| | | 1.__Proof of violation.__Evidence from information obtained | | from a traffic light violation monitoring system is admissible | | to prove a violation of state law.__A certificate or a | | facsimile sworn to or affirmed by a state, county or municipal | | person qualified to operate a traffic light violation | | monitoring system, based on inspection of photographs, | | microphotographs, videotape or other recorded images produced | | by a traffic light violation monitoring system, must be | | accepted as prima facie evidence of all facts contained | | therein or thereon.__A photograph, microphotograph, videotape | | or other recorded image evidencing such a violation must be | | available for inspection in a proceeding to adjudicate | | liability for that violation. |
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| | | 2.__Rebuttable presumption of identity of violator.__In the | | prosecution of an offense established under this Title, prima | | facie evidence that the vehicle described in the summons | | issued pursuant to this section was operated in violation of | | state law, together with proof that the defendant was at the | | time of that violation the registered owner of the vehicle, | | constitutes a |
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| | | rebuttable presumption that the registered owner of the | | vehicle was the person who committed the violation.__This | | presumption is rebutted if: |
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| | | A.__A person other than the owner is convicted of | | illegally operating the vehicle at the time of the | | violation.__In this case, the registered owner may not be | | found liable under this section; |
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| | | B.__The registered owner is a lessor of vehicles and at | | the time of the violation the vehicle was in the | | possession of a lessee and the lessor provides the | | investigating officer with a copy of the lease agreement | | containing the information required by section 254.__In | | this case, the lessee, but not the lessor, may be charged | | under this section; |
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| | | C.__The vehicle is operated using a dealer or transporter | | registration plate and at the time of the violation the | | vehicle was operated by any person other than the dealer | | or transporter, and if the dealer or transporter provides | | the investigating officer with the name and address of the | | person who had control over the vehicle at the time of the | | violation.__In this case, that person, but not the dealer | | or transporter, may be charged under this section; or |
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| | | D.__A report that the vehicle was stolen is given to a law | | enforcement officer or agency before the violation occurred |
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