-Caveat Lector-

http://www.usatoday.com/usatonline/20010706/3462035s.htm

Motorists race to court to challenge red-light cameras Photos called
privacy threat
By Valerie Alvord
Special to USA TODAY
SAN DIEGO -- The camera doesn't lie, or so they say. But attorney
Arthur Tait and more than 300 clients have gone to court to prove that,
at least in California, cameras can lie.
Their cases are drawing attention to law enforcement's war against
drivers who run red lights.
Every day, cameras catch thousands of people in 60 jurisdictions
across the USA as they speed through red lights. In San Diego alone,
more than 60,000 traffic tickets are issued each year from the cameras
at 19 intersections.
Studies consistently show wide public support across the USA for
camera enforcement at intersections. Running traffic lights, police point
out, is extremely dangerous. Lockheed Martin IMS owns and operates
80% of red-light cameras across the country. And there's a waiting list
of communities asking for cameras to be installed because demand for
them is high.
Drivers trying to beat red lights are responsible for about 800 deaths and
200,000 injuries each year, according to insurance industry figures.
More than half of those killed are pedestrians or occupants of vehicles
other than the ones running the lights. The rest are the drivers or
occupants in their cars.
But red-light cameras, which have been around for more than a decade, are picking up 
critics from California to Washington. They say that using pictures to convict 
motorists is an ''Orwellian'' threat to privacy. They cha
llenge the theory that the cameras are infallible. ''In other criminal cases, you have 
a right to confront your accuser,'' Tait says. ''But with this technology, your 
accuser is a camera.''
Tait and his law partner, Coleen Cusack, represent accused red-light runners from San 
Diego to San Francisco who insist they didn't violate the law, even though cameras say 
they did. ''I don't believe I ran a red light,''
 says Pam Scholefield, one of Tait's clients. ''I could have made this easy on myself 
and gone to traffic school, but I didn't because I believe the camera is wrong. 
There's something in the mechanism that triggers someth
ing that's incorrect.''
Tait became the guru of red-light camera law after he helped represent a San Diego man 
who had the money to mount a legal defense against a ticket last year. Publicity from 
winning that case brought in hundreds of referra
ls, he says. He and Cusack then ran an ad in a local free newspaper offering classes 
on how to defend citations. Some students became clients.
All of the clients are fighting the tickets with similar legal arguments, including, 
they say, that the cameras can transmit faulty data and that the pictures don't 
clearly show who's driving. ''Some of the people who got
 tickets were not driving the car,'' Tait says. ''The tickets are sent to the 
registered owner regardless of who was driving.''
Tait was in court Thursday arguing that the red-light cameras are an unconstitutional 
use of police power because the program is designed to bring in revenue, not enhance 
safety. The hearing is expected to continue into n
ext week.
In an earlier court hearing, the attorneys won the right to extract the binary code 
from a camera computer chip and use it to try to recreate the operating program. Tait 
says he hopes it will prove his contention that the
 cameras malfunction and can't be trusted.
Because of the court challenges, San Diego police officers began checking cameras and 
the sensors embedded in asphalt that trigger a photograph. They were looking to 
buttress the city's position that a picture can't be wr
ong. Instead, they found that sensors at three intersections had been moved, which 
threw the data into question.
San Diego Police Chief David Bejarano immediately turned off all 19 cameras pending a 
complete audit, which he hopes will be finished in about two months. The city refunded 
the $271 fines levied against people nabbed at t
he three intersections in question.
It's not just the sensors that are under fire, Tait says. ''This opens up a lot of 
evils. I'm concerned about the privatization of law enforcement and the fact that 
these tickets are almost impossible for the average pers
on to fight. This is an empire that is almost impenetrable.''
Tait cites a report drafted by House staff members for Majority Leader Dick Armey. The 
report asserts that the cameras have compromised safety at intersections nationwide. 
It contends that at intersections with cameras, t
raffic engineers intentionally reduced yellow-light times, which makes rear-end 
collisions more likely. The yellow-light phase has been shortened, the report says, to 
increase the number of violators and generate more fin
es, which are split between municipalities and operating companies, such as Lockheed.
That charge, Lockheed spokesman Mark Maddox says, is ''inaccurate and misinformed.''
Armey's allegations are ''insulting'' to the integrity of traffic engineers, says 
Thomas Brahms, executive director of the Institute of Transportation Engineers. ''We 
as a profession care very much about reducing injuries
 and reducing accidents.''
Brahms and Maddox say there is no question that cameras reduce the number of red-light 
runners and enhance public safety.
In Mesa, Ariz., police credit a combination of increased yellow-light times and 
cameras with reducing fatalities from 20 in 1995 to eight last year. San Diego 
officials say there has been about a 45% drop in red-light vio
lations at the 19 intersections where the cameras are installed.
''That has to translate into better safety,'' says Sgt. Ernest Adams,
coordinator for the program. ''Every time you run a red light, you're
risking your own life and the lives of other people.''
Adams says built-in safeguards give motorists a grace period after a
light turns red and before a picture is snapped. No picture is triggered if
a vehicle entered an intersection while the light was still yellow, he
says. He also says police officers review every potential ticket before it
is issued.
It's no surprise that the program causes controversy, Adams says. No
one likes getting a traffic citation, and cameras are indiscriminate. At
least 10 police officers, he says, have been snapped running lights --
and have gone to court to challenge the tickets.
--

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