Court Decisions NM Court of Appeals: Red-light camera appeal gets green light
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Red-light camera appeal gets green light
By Steve Ramirez
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Posted: 04/01/2011 11:41:22 PM MDT
LAS CRUCES - The city's Safe Traffic Operations Program (STOP), more commonly known as the red-light camera enforcement program, will be challenged in the New Mexico Court of Appeals.
State District Court Judge Gary Jeffreys of Deming has ordered that an appeal to the city's red-light traffic ordinance should be heard by the state Court of Appeals. Avallone Mechanical Co., of Las Cruces, has appealed the decision of a hearing officer who found that a driver of one of the company's vehicles should have to pay the $100 fine the city of Las Cruces assessed for allegedly running a red light at the intersection of Valley Drive and Avenida de Mesilla, where the city has one red-light enforcement camera now operating.
"The test case that should determine the constitutionality of the Las Cruces red light ordinance has been certified to the New Mexico Court of Appeals," said Anthony Avallone, a retired Las Cruces attorney, who has also formed the Due Process Foundation, to legally challenge the city's use of the enforcement devices. "...In Judge Jeffreys' memo to the Court of Appeals, he identifies the constitutional issues: the right to remain silent and not be forced to give evidence against oneself; the pleading making charges fails to state the required nature and cause of the accusation; (and) the hearing officer ignored evidence rules and shifted the burden of proof to proving the person charged was not guilty."
Jeffreys' memorandum to the state appeals court was filed in Third Judicial District Court, in Las Cruces, on March 23. His memorandum states: "The appellant has raised the following constitutional issues, among other issues, with respect to the STOP Program. (The appellant) claims the STOP Program violates the Fifth Amendment to the United States Constitution and Article II, Section 15 of the New Mexico Constitution relating to his right to remain silent. He claims the STOP Program demands that the owner of the vehicle incriminate himself.
"He (also) claims the STOP Program violates the Sixth Amendment to the United States Constitution and Article II, Section 14 of the New Mexico Constitution which he states requires 'the initial pleading to state the nature and cause of the accusation against the accused.'
"The appellant claims he was denied due process at the administrative hearing because the video and photographic evidence was admitted without evidentiary foundation, and the burden of proof was shifted from the city of Las Cruces to the appellant. He claims the admission of hearsay (the video and photographic evidence) without foundation violates his right to confrontation."
Jeffreys' memo also states that he had learned another case involving the STOP program has been filed in state District Court, in Las Cruces, and is pending before Judge Manuel Arrieta. Jeffreys said he believes that the case before Arrieta could also raise constitutional issues.
"(Jeffreys) believes that the need for uniformity in the resolution of these two cases is great," Jeffreys' court memorandum states. "They both raise constitutional issues, and the resolution of these cases could have statewide impact as there are other municipalities with similar ordinances. In addition, an appeal from any (state) district court decision is highly likely such that certification in the first instance would serve the interests of judicial economy and reduce litigation costs."
City officials continue to decline comment since the red-light enforcement camera citation was issued last year. They have refrained from making any public comments because of the belief that the case would be appealed.
Steve Ramirez can be reached at (575) 541-5452.
Legal challenges
•Avallone Mechanical Co., a Las Cruces company, has appealed the city's red-light enforcement camera ordinance to state District Court, in Las Cruces.
•The case was assigned to state District Judge Gary Jeffreys, of Deming.
•Jeffreys has certified the adjudication to the New Mexico Court of Appeals.
•No court date or time line for hearing the appeal has been announced.
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