I know of a few cases in Marion Co. where defendants have taken photos into court. Such photos are evidence, and must follow the rules of evidence. The one case I know, a guy claimed he had photos. The judge asked the officer if he would allow those photos/submit to them being introduced as evidence. Since the officer had no idea what/where/when/why/how the photos were obtained, the officer objected and the judge refused to accept the photos as evidence. In another case, the defendant took in photos. I don't know if the officers or the state were asked if they were OK with them, but I know the photos were entered into evidence....and they ended up convicting the driver...as they clearly showed the signs in which the driver violated.
I think in your daughter's case, the prosecutor makes a valid claim about the time the photos were taken. If you can get a time stamp on them, or bring in the camera with a laptop and use that to show the photo information, then why should a judge take that into consideration? Even if the photos were admitted, they could mean nothing unless this was the _first_ time your daughter drove to through this school zone on that road, or the school just opened that day and the sign was put up the day before, etc. etc.. Any admission by your daughter that despite the tree branches, she still knew there was a school there, and that there had be unobstructed signs in the past is likely going to get her found guilty. Think of it this way, if a speed limit sign on the interstate falls off, does that mean the speed limit is now 150MPH, or whatever the driver decides, until the driver hits the next sign that is still standing?
It was her first time to drive down the street.
In her series of photos the only sign was up in the tress, obscured by the leaves. She even had street signs in the pictures.
She did get the speeding in a school zone charge dropped.
But still got the 38 in a 35 charge.
I don't know if the police officer was there or not.
But to hear her tell it the lady prosecutor turned into a demon from hell when she got to her case.
She didn't tell me about going and I am really unhappy about it.