NMA National Alert: A Motion Against Red-Light Camera Tickets
If you have ever received a red-light camera ticket, commute through a community that has ticket cameras, or like most members, are opposed to the usage of photo enforcement in general, we have added an interesting resource for you on our website. NMA Member Dennis Eros of Washington State received a photo ticket last October, and decided to fight it. Through this process, Dennis developed a Motion in Limine to challenge the constitutionality of red-light camera tickets, using information from the NMA website as well as a model brief prepared by an attorney from another state.
We have posted Dennis' motion on the NMA Ticket Camera issues page. Here is the direct link: http://www.motorists.org/photoenforce/home/red-light-camera-legal-motion/. It contains several strong arguments against the issuance of red-light camera tickets, and makes for interesting reading.
The Seattle court dismissed the ticket against Dennis on procedural grounds, which effectively allowed the court to sidestep having to rule on his motion. I suspect it is the kinds of constitutional arguments forwarded in the Eros motion that have some municipalities reclassifying traffic violations, such as photo tickets, as civil rather than criminal matters.
In Dennis' words: "My motion is germane to any attack on red-light camera tickets. Feel free to use it and pass it along to others who may need it." The motion has been written specifically to address Seattle Municipal Code Section 11.31.090, but the main points are applicable to other states and jurisdictions with minor retooling. Note that Dennis Eros is not a lawyer; you may want to consult with an attorney before using any part of the Eros motion for legal purposes.
