Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum  

Go Back   Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum > Speed Trap & Traffic Enforcement > Economics & Politics
Radar Detectors Forum Logon:


Economics & Politics Discussion of the economic and political market driving factors of automated enforcement technology.

Reply
 
LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 2009-07-27
NMA Reporter NMA Reporter is offline
Senior Member
 
Join Date: 2008 Feb
Posts: 125
NMA Reporter is on a distinguished road
Exclamation California City Spends Thousands to Defend Red Light Camera Ticket

Article: California City Spends Thousands to Defend Red Light Camera Ticket

California Superior Court, Appellate DivisionFullerton, California believes its right to due process was deprived during a red light camera trial last year, and now the city is spending thousands in an attempt to overturn the judge's ruling. On Thursday, the Orange County Superior Court's Appellate Division is scheduled to hear a motion that would, in effect, put a motorist who walked away with a court dismissal nine months ago back on trial for the exact same offense. Fullerton's complaint is that Presiding Judge Robert J. Moss decided the case in November without input from the city attorney.

"The appellate proceedings were thus a sham and not representative of justice or a proper adversarial search for truth and the rule of law, as to the issues purportedly decided on appeal," the city's brief, addressed to Judge Moss, stated. "The city of Fullerton respectfully moves this court to immediately... order that the superior court rescind its order dismissing the citation and dismissing the guilty count in this matter."

According to city records, taxpayers have thus far handed the law firm of Jones and Mayer $14,522.70 to produce this legal brief demanding that Judge Moss overturn his own decision regarding a $450 traffic ticket. Nestor Traffic Systems (NTS), the bankrupt company that until recently ran Fullerton's automated ticketing machines, is also kicking in funds to the law firm to support the case. These expenditures on new legal fees may come as a surprise to companies like Moore Electrical Contracting Inc which has waited for payment since September for the work it performed to install red light camera units. Neither the city nor Nestor compensated Moore under the agreed upon terms for the firm's services.

At issue in the court proceedings is the legality of so-called "cost neutral" red light camera contract structures between cities and photo enforcement companies. Under state law, photo enforcement contracts must be flat rate. That means any payment method, "based on the number of citations generated, or as a percentage of the revenue generated" is prohibited. Judge Moss did not believe Fullerton's contract with Nestor followed either the letter or the spirit of the law (view opinion).

"The possibility that fees could be negotiated 'down' if it is determined fees paid to NTS exceed 'net program revenues being realized,' indirectly ties fees to NTS to the amount of revenue generated from the program," Moss explained. "If insufficient revenue is generated to cover the monthly fee, the fee could be 'negotiated down.' As such, NTS has an incentive to ensure sufficient revenues are generated to cover the monthly fee."

Fullerton's city attorney argued that this ruling was void because official notice of the appellate proceedings were only provided to the district attorney and not to the city attorney. The city's expensive legal brief recycles arguments used in February by the city of Santa Ana which, in a similar case, claimed it was denied due process because only the district attorney was notified of proceedings. The plaintiff in the Santa Ana case provided evidence that the city attorney's office had absolutely no interest in his case -- until he won. The California Court of Appeals declined to overturn the appellate division's ruling.

A copy of Fullerton's law firm billing records, provided courtesy of highwayrobbery.net, is available in a 310k PDF file at the source link below. Source
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply



Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Georgia: Longer Yellows Force City to End Red Light Camera Program NMA Reporter Economics & Politics 0 2009-03-05 00:41
California Appeals Court Rejects Attempt to Unpublish Red Light Camera Decision NMA Reporter Economics & Politics 0 2009-02-14 14:07
California City Owes Red Light Camera Company $1.7 Million NMA Reporter Economics & Politics 0 2009-01-13 11:46
Red Light Camera and Speed Camera CrimeLine NMA Reporter Economics & Politics 0 2009-01-07 22:11
California Cities Have Red Light Camera Ticket Quota NMA Reporter Economics & Politics 0 2008-09-10 10:38


All times are GMT -4. The time now is 11:20.


©2019 SpeedTrapHunter