By on October 27, 2009

I sing the electoral body electric (courtesy usatoday.com)

In the state of Texas, the right to a meaningful appeal in a red light camera case does not exist. While several states have allowed photo enforcement tickets to be appealed to the highest level — Minnesota’s highest court ruled on a photo ticket in 2007 and a red light camera case is currently pending before the California Supreme Court — several Texas municipalities are using an ambiguity in state law to deny challenges beyond the lowest level of the court system. “Under the current red light ordinance there is no right to appeal beyond municipal court,” College Station Municipal Court assistant Wanda Lapham wrote in a letter to Jim Ash (view letter).

Ash is responsible for organizing the effort that gave residents the right to vote on the future of red light cameras next Tuesday. As part of his educational effort, he has been publishing embarrassing correspondence from city staff that highlights little-known facts about the program contrary to city and vendor-prepared advertising material. The lack of meaningful appeal is central to Ash’s complaint regarding photo ticketing.

“I reviewed the origins of my opposition to the cameras,” Ash wrote. “No due process; no jury trial; no traditional right to appeal to a higher court; equal protection clause challenges related to the fact that the offense is at the same time a criminal and civil violation.”

For Ash, departing from the system established by the Constitution undermines the most fundamental elements of fairness.

“Did you ever stop and wonder why the founders of our country set up such a system?” Ash asked. “They set up our system the way it is because they understood that the state has disproportional power… The state has the power to make laws but it is ultimately up to the citizens to enforce the laws in acting as members of a jury. I am unwilling to be denied the right to a jury trial for any reason.”

Ash has also challenged the city’s use of taxpayer money to send red light camera promotional material to residents in the hope of swaying their vote next month. If a city official knowingly included false information in such a mailing, it becomes a crime. According to Mayor Ben White in testimony before the state House of Representatives in April, accidents increased overall at the intersections with red light cameras.

“The number of crashes at the four intersections with red light cameras increased from 24 in 2006 to 28 in 2008,” White testified.

This fact, however, was not included in the “educational” material sent to voters. Instead, the city’s flyer included a chart suggesting the number of crashes decreased from 13 in 2006, before cameras, to 7 in 2008, after cameras were installed. The reduction was created by excluding inconvenient accidents by labeling them ‘not red light related.’

[courtesy thenewspaper.com]

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8 Comments on “Texas Red Light Camera Program Offers No Appeal to Citations...”


  • avatar
    tced2

    Since most of the controversy about red-light cameras seems to involve timing, a person who is cited should be able to request an exact sequence of timing of observations.
    hh:mm:ss.sss vehicle observed
    hh:mm:ss.sss yellow light displayed
    hh:mm:ss.sss vehicle entered intersection
    hh:mm:ss.sss red light displayed
    hh:mm:ss.sss vehicle left intersection
    With pictures.
    These measurements are all taken by computerized equipment and it should not cost much to provide this information. Then the cited person can have a discussion with the judge about the validity of the measurements and application of the law.

  • avatar
    grog

    Naturally this is happening in Texas, The National Laboratory for Bad Government. Do it first and worst!

  • avatar
    michaelC

    Don’t mess with Texas!

    Or as they say about New Mexico, “So close to heaven, so close to Texas”

  • avatar
    whaddock

    As they would say in College Station, “What a bunch of bull shit!” The good clerk is obviously ignorant of state law contained in the Texas Government Code that allows the appeal of any judgment or conviction of a municipal court of record (a.k.a. kangaroo court) to a county court.

    Or the good clerk is trying to discourage appeals so that the city can collect more $$$.

  • avatar
    gslippy

    Maybe they should just save the money on the cameras and just mail out random tickets to people.

  • avatar
    Tommy Jefferson

    Heads-up guys.

    That old, quaint notion “Rule of Law” is dead.

    Every year American governments become less concerned with keeping up that old pretense.

    The Law is whatever the government says it is.

    If you don’t like it, vote for scumbag A instead of scumbag B next time so you can feel better about it.

  • avatar
    vvk

    It ain’t nothing but pure old fashioned communism!

  • avatar
    FreedMike

    Where’s the ACLU when you need them?

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