Red Light Camera Case to Move Forward

This is an update of a previous video found here
http://www.youtube.com/watch?v=w-gHkuJr8II

Dallas judge reaffirms that red-light camera firm needs license

05:02 PM CST on Wednesday, December 17, 2008

By FRANK TREJO / The Dallas Morning News
ftrejo@dallasnews.com

A state district judge reaffirmed his ruling today that the company providing red-light cameras to the city of Dallas is required by the Texas Occupations Code to have an investigations license.

While the ruling could eventually affect the millions of dollars in fines collected from motorists for running red lights in Texas, the judge as well as attorneys for both sides of a civil lawsuit said there is no immediate impact.

The city has outsourced some of its responsibilities, said State District Judge Craig Smith, adding that his ruling has no legal impact until we get a final judgment.

The ruling, originally made by Judge Smith in November, is part of a lawsuit filed against ACS State and Local Solutions by Dallas attorney Lloyd Ward after his wife, Amanda Ward, received a citation in 2007.

Mr. Ward also has filed class-action lawsuits against two other companies that operate red-light cameras for dozens of Texas cities.

The judge will hold another hearing Feb. 19, at which time he could rule on whether an individual, such as Mrs. Ward, can bring legal action under the Occupations Code. And, he also could determine whether Mrs. Ward suffered any damages as a result of the ticket she received.

Red-light cameras are civil, not criminal violations. In Dallas fines run about $75 and do not count against driving or insurance records. Cities generally receive a portion of the fines.

During a hearing Wednesday, ACS attorney Tracey R. Wallace asked Judge Smith to reconsider his November order. She argued that the Texas Department of Public Safety, which issues the investigative licenses, has said such companies do not need to be licensed.

She said ACS had merely sold a red-light enforcement system to the city of Dallas.

The cameras are owned by the city of Dallas, the monitors are viewed by the city of Dallas employees and notices of violation are sent by the city of Dallas, Ms. Wallace said.

But under questioning from Judge Smith, Ms. Wallace acknowledged that the actual language of the contract said the transaction was a long-term lease and that ACS employees do determine which images are clear enough for the city of Dallas to consider whether a violation occurred.

According to the Occupations Code: a person acts as an investigations company if the person: engages in the business of securing, or accepts employment to secure, evidence for use before a court, board, officer, or investigating committee.

Mr. Ward argued that the equipment used to enforce the red-light laws is still owned by ACS and that information gathered by ACS can be used to pursue possible violations.

Their contract is set up specifically to provide all recorded information to prosecute violations, Mr. Ward said.

After the hearing Mr. Ward urged anyone who has received a red-light ticket as a result of cameras to fight that ticket, but do not ignore that ticket.

I believe they now have some resources in fighting that ticket, Mr. Ward said.

Ms. Wallace said that anyone who has been cited after being caught by a camera for running a red light still needs to pay that ticket.

And, she said that ACS was taking our cues from the DPS, about whether a license was required.

While the judge has ruled on the licensing issue, Ms. Wallace said, were asking (the judge) to consider the entire case and then make his ruling at the February hearing.

Category:

News & Politics

Tags:

• Red
• Light
• Camera
• Case
• to
• Move
• Forward
• Texas
• Dallas
• Fort
• Worth
• Surveillance
• citation

[MrBFagel]

It is unlawful to enforce a law by violating a law.

Just because its lawful doesn't mean its legal.

[1plus1equalssex]

thanks mike keep us posted

[dutchmcgee101]

Hey Mike thanks again bro.

[saab23]

i hope this moves forward because this would be a win for true democracy.