Court Decisions
Judge: Sioux Falls red light cameras at odds with state law
(Ban the Cams note: While Brookville PD blabs about next big thing "speed" scameras, he might want to start realizing drivers are getting tired of the scam!)
http://www.argusleader.com/article/20100616/UPDATES/100616035/1001/NEWS
Judge: Sioux Falls red light cameras at odds with state law
By John Hult • This e-mail address is being protected from spambots. You need JavaScript enabled to view it. • June 16, 2010
The decision this week from Judge Kathy Caldwell says the city cannot legally write civil traffic tickets for red light-running, because such a traffic violation is a criminal act under state law.
State law does not allow a city to lower the penalty for any criminal act through a local ordinance.
It also finds that the city improperly delegated authority to Redflex, Inc., the Arizona-based company that operates the automated cameras at the corner of 10th Street and Minnesota Avenue. Redflex advised city leaders on how to write its ordinance and assists in the judicial process.
The decision is a big win for I.L. Wiedermann, a Sioux Falls businessman who took the city to court four years ago alleging the camera system violates the due process rights of anyone issued a ticket.
“It finds that they're in direct conflict with state law,” said Aaron Eiseland, Wiedermann's attorney. “As a practical matter, it means they can't write traffic tickets.”
The city and Redflex each won concessions as well, however. Caldwell said the city did not err by forbidding right turns at the intersection, and that the city has a legitimate public safety interest in placing the cameras.
For more on this story, see Thursday's Argus Lead
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