Court Decisions Judge Strikes Down Spokane Photo Red Program
http://www.kxly.com/news/28276967/detail.html
Judge Strikes Down Spokane Photo Red Program
Annie Bishop | KXLY4 Reporter
Posted: 4:38 pm PDT June 17, 2011
Updated: 11:54 pm PDT June 17, 2011
SPOKANE, Wash. -- Superior Court Judge Jerome Leveque has ruled Spokane's Photo Red program invalid, opening the door for thousands of tickets to be thrown out.
Early Friday afternoon, Judge Leveque ruled the program invalid because the tickets are electronically signed and printed in Arizona and not properly certified.
"So there wasn't the force or weight behind someone's signature saying I've certified under penalty or perjury, that these in fact incurred," said Dean Chuang, a local attorney representing three Spokane drivers.
Jennifer Lee is one of those drivers.
A year and a half ago Lee got a ticket in the mail for allegedly running a red light at Francis and Division.
"I couldn't believe it," said Lee
Lee challenged the ticket and then went to Chuang to see if she had a case.
Today, Judge Leveque sided with Lee.
"I think it's good," said Lee
"I think we as citizens are required to uphold the law and I think it's great that our judges require our city to do the same thing," she said
Spokane first installed the cameras in November 2008 and today the city has 11 photo red cameras at seven intersections. The cameras take pictures of cars running red lights and an officer reviews the pictures and decides if a ticket is warranted.
If a ticket is issued, a company in Arizona prints and electronically signs the officer's signature on every ticket.
Last month alone the city handed out almost 900 Photo Red tickets. Between November 2008 and September of last year the Photo Red system issued 14,555 tickets at $124 a piece.
Money from the tickets is used to make neighborhood streets safer with new crosswalks and other traffic calming improvements.
The City of Spokane, which decided last fall to keep the program around through November 2013, plans to appeal the decision.
City attorney's and the Spokane Police Department plan to meet Monday to discuss the future of the program and how this decision will affect all the tickets handed out over the past couple years.
Chuang believes drivers who haven't paid their photo red traffic tickets are more likely to have it dismissed than those who have already paid the fine.
"So anyone receiving an infraction now, just don't throw it away you just have to raise the issue that we brought and its going to get dismissed," said Chuang
Lee is now making plans for the extra $124 in her pocket.
"I want to say I would put it into savings but I'll probably buy a new pair of shoes," said Lee
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