In 2010 legal experts in Texas will be battling red light camera enforcement due to the many legal problems with these citations. unfortunately people who have already paid these fines will more than likely recieve no refund. Red Light Cameras are coming under fire from various groups and attorneys in Texas.
The first allegation is that municipalities across Texas are partnering with private companies to trample your rights. Upcoming lawsuits in Texas will contend that since ticketed drivers do not recieve the same legal privilages as drivers who recieve conventional citations (From a Law Enforcement Officer) and in many cases individuals who have been denied the right to appeal and a jury trial have been denied the right to due process.
Since Cameras take a photograph of the vehicle and license plate and the ticket is sent to the registered owner of the vehicle, regardless of who was driving, the burden of proof has been shifted to the owner of the vehicle. Attorneys will argue that in effect a new type of crime has been created in that of owner liability for red-light violations where the owner neither required nor knowingly permitted the violation.”
Other attorneys will argue that Texas cities do not have the authority to adopt an ordinance that conflicts with the State and Federal motor vehicle codes. According to the lawsuits, the fine generated from the violation “is merely a revenue generating measure which has been and continues to be illegally imposed and collected from the plaintiff and all others similarly situated and such collection is void and should be refunded.”Courts will find that because state law established red light running as a criminal violation, any local ordinance declaring such a violation a civil matter would be “in conflict” with the law in other areas of Texas.
Lawsuits concerning the Drivers Privacy Protection Act will show that Texas drivers should recieve monetary damages for invasion of privacy without reasonable cause towards individuals prior to photographs being taken. The damage is in the breach of privacy, not associated to the outcome in court cases by future use of the photographs. The court will rule”Damages for a violation of an individual’s privacy are a quintessential example of damages that are uncertain and possibly unmeasurable”.