k-os
17th January 2011, 12:53 PM
If this wasn't such a waste of tax-payer dollars, I would put this in the Good News - Reasons for Hope section.
WEST PALM BEACH — Even though police claimed they had photographic evidence of Phyllis Franklin blasting through a red light at 25th Street and Australian Avenue, the 50-year-old Riviera Beach woman was convinced she could beat the hefty ticket.
Turns out, she was right.
Instead of convicting Franklin, the photos exposed a glaring flaw in red light camera programs that are up and running in West Palm Beach, Palm Springs and Juno Beach and are being ramped up in Boca Raton, Boynton Beach and Palm Beach County.
A traffic hearing officer not only threw out Franklin's $264 ticket, but dozens of others because of problems with the photos that were snapped.
The Dec. 28 decision is the latest sucker punch for the controversial program that is derided as an easy revenue source for cash-strapped governments while touted by politicians and cops as a way to save lives.
Since people began challenging the tickets issued on the strength of photos snapped by unmanned cameras, slightly more than 72 percent have won their cases.
Of the 204 people who have fought the tickets in court since October, 61 had their cases dismissed and 87 were found not guilty. Another 56 had adjudication withheld. In some cases, fines were waived, reduced or people were allowed to perform community service instead of paying the $158 fine. They were still required to pay $106 in court costs.
Franklin's attorney claims the latest hitch will ultimately be the death knell for the program.
"It's hopeless," attorney Bill Abramson said. "Based on what happened (last month), it's totally hopeless."
While not as adamant as Abramson, other attorneys agreed. "I think they're going to have problems," said Devon Porcella, an attorney who also specializes in traffic cases.
The close-up problem
The problem is the video and photos the cameras snap as proof that a motorist ran a red light. They can't capture a clear picture of a license plate. To get that, one of the photos is magnified to show a close-up shot of the license.
However, unlike the video and other pictures, the close-up of the license tag doesn't have a time or date stamp. Further, there is no indication where the car was when the photo of the license plate was shot.
The lack of information violates the most basic rules of evidence, Abramson said. "The license plate is what ties you to the video," he said. Without incontrovertible evidence that the tag belongs to the vehicle shown blowing through an intersection, there is no way for city and village officials to prove their case.
"They can't lay the evidentiary foundation to prove your car is the one shown in the video," he said. Hearing officer John Kurtz agreed and threw out dozens of cases for that reason.
Acting Palm Springs Police Chief Mark Hall scoffs at the argument as legal mumbo jumbo.
"Do they think we ran out to someone's house and took a photo of the license tag while the car was parked in the driveway?" he asked.
Assistant West Palm Beach Police Chief Dennis Crispo described the recent ruling as "a little bizarre."
More upsetting, both said, is that it is the latest in a series of confounding rulings.
Hearing officers have thrown out tickets because the community service aides that handle the program for West Palm Beach couldn't produce certificates showing they had training that is required by state law. Tickets have been dismissed because officers had copies of vehicle registrations, but not certified copies. One hearing officer threw out a ticket because the police officer couldn't prove that a required sign was in place to notify motorists that cameras were being used at the intersection, Hall said.
"Every week a different magistrate comes up with a new rule or a new reason to throw out the citation," he said. "My staff is getting very frustrated."
A spokesman for American Traffic Solutions, which is paid $4,750 per camera per month by the municipalities, said he didn't know of any place in the nation where tickets have been dismissed because of the license tag issue. Charles Territo said the information the hearing officer needs to link the tag to the car is readily available. It should be provided when the next round of tickets are heard in court Tuesday.
link (http://www.palmbeachpost.com/news/traffic/red-light-campaign-foiled-by-own-photos-1189991.html)
WEST PALM BEACH — Even though police claimed they had photographic evidence of Phyllis Franklin blasting through a red light at 25th Street and Australian Avenue, the 50-year-old Riviera Beach woman was convinced she could beat the hefty ticket.
Turns out, she was right.
Instead of convicting Franklin, the photos exposed a glaring flaw in red light camera programs that are up and running in West Palm Beach, Palm Springs and Juno Beach and are being ramped up in Boca Raton, Boynton Beach and Palm Beach County.
A traffic hearing officer not only threw out Franklin's $264 ticket, but dozens of others because of problems with the photos that were snapped.
The Dec. 28 decision is the latest sucker punch for the controversial program that is derided as an easy revenue source for cash-strapped governments while touted by politicians and cops as a way to save lives.
Since people began challenging the tickets issued on the strength of photos snapped by unmanned cameras, slightly more than 72 percent have won their cases.
Of the 204 people who have fought the tickets in court since October, 61 had their cases dismissed and 87 were found not guilty. Another 56 had adjudication withheld. In some cases, fines were waived, reduced or people were allowed to perform community service instead of paying the $158 fine. They were still required to pay $106 in court costs.
Franklin's attorney claims the latest hitch will ultimately be the death knell for the program.
"It's hopeless," attorney Bill Abramson said. "Based on what happened (last month), it's totally hopeless."
While not as adamant as Abramson, other attorneys agreed. "I think they're going to have problems," said Devon Porcella, an attorney who also specializes in traffic cases.
The close-up problem
The problem is the video and photos the cameras snap as proof that a motorist ran a red light. They can't capture a clear picture of a license plate. To get that, one of the photos is magnified to show a close-up shot of the license.
However, unlike the video and other pictures, the close-up of the license tag doesn't have a time or date stamp. Further, there is no indication where the car was when the photo of the license plate was shot.
The lack of information violates the most basic rules of evidence, Abramson said. "The license plate is what ties you to the video," he said. Without incontrovertible evidence that the tag belongs to the vehicle shown blowing through an intersection, there is no way for city and village officials to prove their case.
"They can't lay the evidentiary foundation to prove your car is the one shown in the video," he said. Hearing officer John Kurtz agreed and threw out dozens of cases for that reason.
Acting Palm Springs Police Chief Mark Hall scoffs at the argument as legal mumbo jumbo.
"Do they think we ran out to someone's house and took a photo of the license tag while the car was parked in the driveway?" he asked.
Assistant West Palm Beach Police Chief Dennis Crispo described the recent ruling as "a little bizarre."
More upsetting, both said, is that it is the latest in a series of confounding rulings.
Hearing officers have thrown out tickets because the community service aides that handle the program for West Palm Beach couldn't produce certificates showing they had training that is required by state law. Tickets have been dismissed because officers had copies of vehicle registrations, but not certified copies. One hearing officer threw out a ticket because the police officer couldn't prove that a required sign was in place to notify motorists that cameras were being used at the intersection, Hall said.
"Every week a different magistrate comes up with a new rule or a new reason to throw out the citation," he said. "My staff is getting very frustrated."
A spokesman for American Traffic Solutions, which is paid $4,750 per camera per month by the municipalities, said he didn't know of any place in the nation where tickets have been dismissed because of the license tag issue. Charles Territo said the information the hearing officer needs to link the tag to the car is readily available. It should be provided when the next round of tickets are heard in court Tuesday.
link (http://www.palmbeachpost.com/news/traffic/red-light-campaign-foiled-by-own-photos-1189991.html)