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Judge: Red-Light Cameras Unreliable

Judge Dismisses Tickets

POSTED: 8:15 am PDT September 4, 2001
UPDATED: 8:18 am PDT September 5, 2001

A judge in a San Diego traffic-court case dismissed nearly 300 tickets Tuesday that had been issued to drivers caught by red-light cameras, 10News reported.

Video

The case originated in traffic court, when motorists took the unusual step of banding together to fight the camera-issued tickets on a variety of grounds.

The dismissals came after Superior Court Judge Ronald Styn (pictured, left) found that evidence obtained by the red-light cameras was unreliable because of a private company's involvement.

Styn ruled last month that the city's red-light program was constitutional, but called into question the city's "lack of oversight" of the system, which was run by Lockheed Martin. In that ruling, the judge said that the camera evidence was "untrustworthy," but he gave the city one more chance to argue otherwise at Tuesday's hearing.

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After listening to arguments from both sides Tuesday, the judge upheld his previous ruling that the camera evidence under the current system is inadmissible and he additionally ruled that nearly 300 tickets at issue in the case should therefore be dismissed.

"The prosecution's arguments have not pursuaded the court to change its ruling," the judge said.

Styn cited the recent discovery that cameras at three intersections had been moved without notifying city officials as an example of what can go wrong with the red-light system as currently operated.

Styn also called into question compensation methods used in the red-light program and ruled that the city failed to operate the red-light system as outlined by the Legislature.

"We're very vindicated," said attorney Collen Cusack, who worked for more than a year on behalf of ticketed motorists.

Red-Light Camera

The fine for running a red light at one of the photo enforcement intersections in San Diego is $271, which is set by the state. Lockheed Martin received $70 for each ticket paid.

Deputy City Attorney Steven Hansen told reporters that he disagreed with the judge's ruling.

The prosecutor unsuccessfully argued that the city was in charge of the red-light program.

Hansen said that city engineers "screwed up" when they shortened yellow-light times at certain red-light camera intersections. "The (red-light) camera system is fundamentally sound," Hansen said outside court. "The system is fine."

City officials will decide soon whether to appeal Styn's ruling, the prosecutor said.

San Diego Police Chief David Bejarano also expressed disappointment with the ruling. "The intent of the (red-light camera) program has always been and continues to be public safety," Bejarano said. "I continue to believe that red-light photo enforcement increases safety at intersections."

Ruling Could Influence Future Cases

A separate class-action lawsuit filed was filed Thursday by four groups of plaintiffs. The class-action suit, which is still pending, represents every motorist who has received a red-light camera ticket in the city, and who agrees to join the lawsuit. Anyone who has received a red-light camera ticket in the city of San Diego should get a letter in the mail asking if they would like to join the lawsuit.

Tuesday's ruling that the camera evidence is inadmissible could have a direct influence on the class-action suit and another civil suit which was filed previously. The class-action lawsuit will probably not make its way to a courtroom for about 12 months.

Attorneys for the city said that the ruling will not directly affect any other red-light camera cases.

"The judges ruling only applied to these ... cases," Hansen said. "It doesn't apply to any past cases. It doesn't apply to any pending cases."

But lawyers for the motorists said that other judges or traffic commissioners likely will take Styn's ruling under consideration.

"It's very limited, but his ruling will receive a lot of deference," said Arthur Tait, one of three lawyers who represented the 292 drivers covered by the ruling. "It's the first time that a traffic court has looked this closely at what is going on."

Another of the drivers' attorneys said that he expects pending red-light camera cases to be dismissed. "I have every reason to believe that any case that comes to trial after his final ruling wil similarly be dismissed," attorney Christopher Plourd said.

Affiliated Computer Services, Inc. of Dallas, previously owned by Lockheed Martin, has agreed to alter its system to comply with Styn's ruling Tuesday, spokesman Mark Maddox said.

Maddox said that alternatives could include charging a flat-rate to the city for installation of the cameras.

A hearing is scheduled next month to discuss whether to disqualify the city attorney's office from prosecuting any pending or future red-light camera cases.

The city has set up a red-light camera hotline. Anyone with questions about the tickets can call (619) 533-5604.

Here is a list of red-light camera locations throughout the county, courtesy of PowayOnline.net:

City Of San Diego Camera Locations

College Area
  • College Avenue S/B to E/B Montezuma Road
  • El Cajon Boulevard W/B through 43rd Street

Downtown
  • A Street E/B to 163 Fwy (10 Street)
  • F Street W/B through 16th Street
  • Harbor Drive S/B to E/B Grape Street

Kearny Mesa
  • Aero Drive W/B to S/B Murphy Canyon Road

Mira Mesa/Miramar
  • Black Mountain Road S/B through Gemini Avenue
  • Black Mountain Road S/B to E/B Mira Mesa Boulevard
  • Mira Mesa Boulevard E/B through Scranton Road
  • Miramar Road W/B through Camino Ruiz

Mission Beach/Pacific Beach
  • Garnet Avenue W/B through Ingraham Street
  • Garnet Avenue E/B to N/B Mission Bay Drive
  • Mission Boulevard S/B through Garnet Avenue
  • Mission Bay Drive N/B to W/B Grand Avenue

Rancho Bernardo/Carmel Mountain
  • Bernardo Center Drive N/B to W/B Rancho Bernardo Road
  • Carmel Mountain Road E/B to N/B Rancho Carmel Drive

San Ysidro
  • Palm Avenue E/B through Beyer Way

South Bay
  • Harbor Drive W/B through 32nd Street

South San Diego
  • Imperial Avenue W/B through Euclid Avenue

University City
  • La Jolla Village Drive W/B to S/B Towne Centre Drive

Additional San Diego County Camera Locations

El Cajon
  • Broadway W/B through Mollison Avenue
  • Fletcher Parkway W/B to S/B Magnolia Avenue
  • Fletcher Parkway W/B to S/B Marshall Avenue
  • Fletcher Parkway N/B to W/B Navajo Road
  • Main Street W/B through Mollison Avenue
  • Washington Avenue W/B to S/B El Cajon Boulvevard

Poway
  • Camino Del Norte E/B through Pomerado Road
  • Poway Road W/B through Community Road
  • Poway Road E/B to N/B Pomerado Road
  • Scripps Poway Parkway E/B through Pomerado Road
  • Ted Williams Parkway E/B to N/B Pomerado Road


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