Court Decisions Kansas City drops RLC ticket in FEAR of HIGHER COURTS!
(Thanks to The National Motorists Associaton for the link, www.motorists.org )
http://www.fox4kc.com/news/wdaf-lawyer-not-happy-about-win-in-122810,0,3041269.story
Lawyer Not Happy About Win in Red Light Camera Case
KANSAS CITY, MO. — It's not often that a defense attorney leaves a courtroom disappointed with a win, but that is precisely what happened on Tuesday after the city of Kansas City, Missouri, dismissed a red-light camera ticket against his client.
Attorney Howard Lotven says that because the city dismissed the ticket against his client, the ordinance governing the city's 30 red light cameras will remain unchallenged in the state court system.
"We are disappointed," said Lotven. "We really wanted to see this go to the Court of Appeals, and that was the purpose of taking it up on appeal."
Lotven says that he believes the city's red light tickets are unconstitutional, and a conviction would have meant a step closer to making the argument before the Missouri Supreme Court.
"Under the ordinance, it presumes whoever is the owner of the vehicle is driving the vehicle and violated the red light," said Lotven. "We believe that is a violation of due process rights of being innocent until proven guilty."
Lotven claims that the ordinance shifts the burden of proof such that the prosecutor doesn't have to prove guilt, but instead the driver has to prove their innocence.
"Furthermore, if the owner of the vehicle is two people, a husband and wife or father and son, they issue initial violation to both drivers," said Lotven. "But in the end, whoever's name is first on the title gets the violation, even though it's owned by more than one person."
City prosecutors disagree. In a statement, first assistant city prosecutor Lowell Gard said, "there is no constitutionally protected liberty or privacy interest associated with running red lights. We have elected not to proceed with prosecution of this case on evidentiary grounds."
The Kansas City Missouri Police Department says that they are just enforcing the law on the books, and will continue to do so until a court tells them otherwise.
Lotven says that while today's victory was a defeat of sorts, he is still eager to press the issue in the courts.
"(We will) research what we can do legally to get this issue to the Supreme Court," said Lotven. "We may look at declaritory judgment, may look for someone willing to step up and again take this on."
Subscribe to this comment's feedwritten by Randy Austin , December 29, 2010
Do you really think these leeches care what a State's Supreme Court decides..NO! Just look at New Orleans. District Court Judge ruled against the legality of the scamera system, which was confirmed by the LA Supreme Court. What was the City of New Orleans response? Pay the illegal citations anyway or we'll mess up your credit and/or boot/tow your car. After all ole Mitch, the Mayor, has to meet his budget, which included these illegal fines. Someone explain to me how an entity that is not legally authorized to issue or enforce traffic citations can in fact issue valid citations that have to be paid.
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