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Wednesday, March 3, 2010

Springfield Red Light Cameras Shut Down After Supreme Court Ruling (SNL Coverage)

The city has shut down its red light traffic cameras and plans to
dismiss any outstanding tickets in the wake of a Missouri Supreme
Court decision that declared the city's red light ordinance to be in
conflict with state law.

The court today voided a former state trooper Adolph Belt, Jr.,'s $100
ticket, saying Springfield's use of administrative hearings to
adjudicate the tickets is not allowed.

Related

* Missouri Supreme Court puts brakes on Springfield's red light cameras

In a unanimous opinion, justices said the city cannot use
administrative hearings to handle red-light tickets but must instead
funnel such cases through the traditional criminal court system —
where a higher standard of proof and additional avenues for appeal
apply.

The city in response has suspended use of the cameras, City Attorney
Dan Wichmer said, and will drop all pending cases.

Wichmer stressed that the Supreme Court opinion did not find fault
with the use of red light cameras in and of themselves, but rather the
city's process for enforcing violations.

It will be up to City Council to decide if they want to change the red
light ordinance to bring it into compliance with state law — likely
requiring an upgrade to allow the cameras to photograph drivers, as
well as cars — or discard the system altogether, he said.

Wichmer, who said there's no estimate yet about what that could cost,
also expressed his concern that some of the 8,000 people who have paid
red light fines will seek reimbursement now that the process has been
tossed. He said the city has collected $803,000 in fines to date.

Wichmer said he also must comb through the city code to see if other
enforcement actions could be affected by the court ruling. The city
uses similar administrative hearings to settle dangerous building code
violations, some liquor law violations and contested disability
hearings for the police-fire pension fund.

Jason Umbarger, an attorney for Belt, lauded the court's decision,
saying it will help protect those accused of red light violations and
the public at large.

Umbarger said the city's previous process enforcing red light
violations "side-steps" traditional protections for defendants. "It
also side-steps the protections for other motorists."

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