Red Light Cameras

Judge: Red light cameras are illegal

City could face million dollar lawsuit
Jan-02-07

 

According to a judge in Davenport Iowa, the city's speed and red light cameras violate Iowa law.

The ruling was issued Tuesday by Scott County District Court Judge Gary McKenrick, who said that the city doesn’t have the authority to adopt an ordinance that conflicts with the state motor vehicle code.

McKenrick's ruling came out of a lawsuit filed by Monique D. Rhoden, who received a speeding ticket after a camera photographed her vehicle going 11 mph over the speed limit on Kimberly Road. She paid the $45 fine, and then sued the city.

According to the lawsuit, the fine generated from the violation "is merely a revenue generating measure which has been and continues to be illegally imposed and collected from the plaintiff and all others similarly situated, and such collection is void and should be refunded."

According to state law, people who speed or run a red light must be issued criminal citations, but Davenport and other cities treat citations issued by the camera systems as civil matters. The plaintiffs’ attorneys also argued the city was breaking state law by issuing the citations to the vehicles’ owners instead of the drivers.

Richard Davidson, one of the attorneys representing a woman ticketed by the system, said he plans to file a motion in coming weeks to make the case a class-action lawsuit. If approved by a judge, the city may have to refund everyone who has received a ticket from the cameras. The attorney estimates the system has ticketed about 14,000 people.

“It looks pretty good for people getting a refund,” he said.

According to a media release, since the start of camera use in August 2004, there have been more than 10,000 red-light and 20,000 speed tickets issued. The city had planned to budget about $590,000 in speed and red-light fine revenue to offset or reinvest in public safety costs.

Davenport Police Chief Mike Bladel expects the city to appeal the case. He said, “The fact is these cameras are widespread throughout the country, and throughout the world for that matter,” Bladel said. “So its hard for me to believe that this thing is over.”

For more on this please read:

Thousands Could Be Due Traffic Camera Refunds

• Sioux Falls and Redflex Traffic Systems Inc. alleging city traffic cameras violate South Dakota state code. (Nov-21-06)

• City of Davenport, IL alleging city traffic cameras violate Illinois state code. (Aug-30-06)
• Baltimore City et al. alleging inadequate time on amber lights.
• San Francisco Motorists Win $400,000 settlement in lawsuit claimed the systems are illegal because they are either operated by for-profit companies, or the company is paid a fee from any tickets issued.
• Click here for legal help and a free evaluation of your possible case

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