http://www.theledger.com/article/20111021/NEWS/111029825?tc=ar

HAINES CITY
County Judge: State Laws Nullify 9 Red-Light Tickets for Haines City Defendants
Evidence must be qualified, and judge ruled that in some cases, it is not.

By Jeremy Maready
THE LEDGER

Published: Friday, October 21, 2011 at 11:20 p.m.
Last Modified: Friday, October 21, 2011 at 11:20 p.m.
 

LAKELAND | If Haines City's red-light camera violators are going to be successfully prosecuted, the city and camera company need to comply with the state's rules of evidence, according to a recent court order.

Facts
"The (Haines City) Officer admits he was not at the scene when (red-light photos) were taken ..."

TIMOTHY COON, COUNTY JUDGE
 

Defendants in nine red-light camera cases were found not guilty Oct. 12 by County Judge Timothy Coon.

Coon based his finding on the fact that American Traffic Solutions did not properly qualify its evidence, which included photo, video and registration information, the order said.

"The judge was really good and very thorough," said Kissimmee lawyer Joel Mumford, who argued the nine cases. "As they currently offer their evidence, he (the judge) isn't going to allow it in."

In the cases, a Haines City police officer testified that American Traffic Solutions outsources the duties of looking up registration information to another company.

That information was not properly certified as a "self-authenticating" document, Coon noted.

"As a result, any information on the citation relating to the vehicle's registration information is hearsay as it is an out of court statement offered for the truth of the matter asserted, which is that the person listed on the ticket is the owner of the vehicle," Coon wrote in his order.

Mumford said the registration information came close to meeting the guidelines but not enough.

Another issue in question is the use of the photographic and video evidence taken by the cameras at the city's intersections, which the order said was not properly authenticated.

"The (Haines City) Officer admits he was not at the scene when they were taken and as a result cannot testify as to whether they fairly and accurately portray the scene on the date and time in question," Coon wrote.

As the process currently stands, Mumford said, "It's not fair. Basically you're having video testify. And I can't cross-examine video."

Mumford does not know what the remedy could or will be if Haines City chooses to continue with its program.

Haines City's lawyer, Thomas Cloud, did not return calls for this story.

But if the evidentiary problems are not corrected, Mumford said the same arguments made in his case could apply to all of Haines City's citations and possibly those in other cities, depending on how the evidence is gathered and presented.

Bartow lawyer Rusty Franklin, who is working with other local lawyers to challenge Lakeland's camera program, said Coon's ruling is abundantly clear — "We have evidentiary rules, and y'all aren't playing by them."

Last year, state legislators passed a law that allowed the use of red-light cameras statewide.

Under the bill, registered owners of vehicles caught on camera running a red light could be charged with a $158 fine, with $75 going to local governments. The remaining $83 goes to the state Department of Revenue. The law took effect July 1, 2010.

Haines City's 10 cameras, installed at five intersections, became active in January after city officials signed a contract with ATS in June 2010.

Mumford will continue to challenge the use of red-light cameras and has more cases to argue.

"It's by no means the end of red-light cases in Polk County," he said.

[ Jeremy Maready can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. or 863-802-7592. ]

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