The highest courts in California and Louisiana yesterday denied the requests of municipal officials desperate to save their photo enforcement programs. In New Orleans, the red light camera and speed camera program must shut down after the Louisiana Supreme Court unanimously rejected the city’s request to overturn the decision of Orleans Parish Civil District Court Judge Paulette R. Irons who found earlier this month that the program violated the city’s own charter.

“We are obviously disappointed in supreme court’s decision because these cameras have proven to be an important deterrent to unlawful traffic practices,” a city statement explained.

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A class action lawsuit against fifty-nine red light camera programs in the state of California will be heard before Judge William H. Alsup in the US District Court for the Northern District of California. Attorney Bruce L. Simon, who is suing Redflex Traffic Systems and American Traffic Solutions (ATS), moved Friday that the case return to the state court system. Simon argues that the contracts of Redflex and ATS with municipalities are illegal under California law.

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Morale at Redflex Traffic Systems, the Australian photo enforcement company with more contracts in the United States than any other firm, has never been lower. Yesterday, the company faced the real possibility that the state government in Victoria, Australia would sue for the recovery of $15 million in citations issued by a faulty Redflex freeway speed camera system. Although the government currently refuses to issue refunds, it issued equally stern denials before giving in to public pressure by refunding $26 million worth of tickets over a high-profile accuracy failure in 2003.

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Police in Victoria, Australia announced today that the point-to-point average speed camera system on the Hume Highway has been turned off until officials are convinced that a fatal accuracy flaw had been fixed. Officials admitted that at least nine drivers have been falsely convicted of speeding on that road since 2007. Officials only began to double-check the accuracy of the Redflex automated ticketing machine after police went to seize the car of a young woman accused of driving a low-powered economy car at high speed.

“It’s been a failure of the system in terms of 100 percent accuracy,” Redflex CEO Graham Davie said on 3AW radio. “It happened because of a technical glitch in the clock system…. I’m sorry this event has occurred.”

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Back in July, the Special Inspector General for the TARP program (SIGTARP) released a damning report on GM and Chrysler’s efforts to cull dealers during their government-overseen bailout-bankruptcies. The upshot: GM and Chrysler handled the culls either inconsistently or subjectively, and the President’s auto task force pressed the issue unnecessarily and “without sufficient consideration of the decisions’ broader economic impact.” And though that report, the product of a year’s worth of investigation, made the automakers and their government “saviors” look mighty stupid, the awkward walk-back of most of the dealer cuts had already made the point fairly well. But with the TARP program now largely rolled up, the SIGTARP’s office has been bulking up on investigators, targeting fraud and criminal activity around the entire TARP program. And, according to Automotive News [sub], the dealer cull is on the agenda. SIGTARP won’t “disclose the targets of the investigation or the actions being probed,” but it has “opened a follow-up investigation of possibly illegal activity in the [dealer-cull] effort.”

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Red light camera operator American Traffic Solutions (ATS) dramatically increased spending on an effort to thwart a November 2 referendum that would outlaw the use of photo enforcement in Baytown, Texas. After losing a similar referendum vote in College Station last year, the company is not taking chances and has boosted spending on its front group, Safety Cameras for a Safer Baytown, by 125 percent over what was spent in College Station, a city of about equal size.

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A motorist is using federal anti-racketeering statutes to go after the red light camera and speed camera program in Tempe, Arizona. Dan Gutenkauf filed his complaint last week in the US District Court for the District of Arizona and happened to land the same judge, Frederick J Martone, who presided over the recent American Traffic Solutions (ATS) vs. Redflex case which is currently under appeal. The suit names Redflex employees, police officials, politicians and judges as defendants.

“I feel this lawsuit is very comprehensive and I have spent a lot of time over the last two years doing the legal research, gathering evidence and drafting the complaint,” Gutenkauf told TheNewspaper. “And I have my appeal victory from the lower court propelling me into federal court.”

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In July, a three-judge panel of the appellate division of the Superior Court of California in Orange County ruled that red light camera tickets issued at certain intersections in Santa Ana were invalid because the city failed to provide legally required notice. The case was certified for publication, and last month the cities of Santa Ana and West Hollywood petitioned the state supreme court to undo this certification, which is extremely rare for photo ticketing programs. Unpublished cases cannot be cited as precedent in California, and motorists interested in challenging citations will have to repeat from scratch all arguments about the program’s illegality.

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The Louisiana Legislative Auditor’s investigation of the Jefferson Parish payroll wrapped up Wednesday, revealing that the parish’s red light camera program was at the center of a scandal that drew the interest of federal investigators. Auditors concluded that former parish President Aaron Broussard and former parish attorney Tom Wilkinson likely violated payroll fraud statutes.

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Baytown, Texas has been caught using an illegally short yellow time at the latest city intersection to be monitored by a red light camera. Tickets have been issued since January 30 at the intersection of Cedar Bayou Lynchburg Road at Garth Road where the yellow time is set to 4.0 seconds, the bare minimum acceptable amount for an intersection posted at 40 MPH according to Texas Department of Transportation guidelines. The Baytown Red Light Camera Coalition (BRLCC) uncovered the fact that the intersection approach is in fact posted with a 45 MPH sign, meaning the bare minimum legal yellow for the location is 4.3 seconds, not 4.0 seconds.

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California Governor Arnold Schwarzenegger (R) last week approved one bill and vetoed another, ensuring that the state government would maximize its share of red light camera revenue. On Wednesday, Schwarzenegger blocked legislation that would have slashed the fine for rolling right turn on red from $500 to $250 (view bill). The potential loss of income from the change raised opposition outside the legislature.

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Being arrested for driving under the influence of alcohol (DUI) can cost a motorist thousands of dollars in court fines, insurance costs and attorneys’ fees. At least 79 accused drivers were notified last Friday that the police officer that charged them with drunk driving had likely falsified at least one piece of evidence. Sacramento County District Attorney Jan Scully threw out the cases after an investigation into the conduct of Sacramento Police Officer Brandon Mullock, 24.

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The Grand Terrace, California city council on Tuesday reluctantly voted to pay Redflex Traffic Systems $72,203.75 after the Australian company threatened to impose a $27,500 late fee on the city if it did not pay up immediately. Redflex operates the red light camera program at two intersections, and as of July 1 the company had mailed out 4283 fines worth $446 each. While Grand Terrace officials expected that the system would be a money-maker, the program to date has only enriched the county, the state, the courts and Redflex, which insisted on the additional cash payment.

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The Minnesota Court of Appeals yesterday upheld the conviction of a motorist whose pants fell down after he was ordered to put his hands up. Judge Kevin Ross noted on behalf of the three-judge panel considering the case that previous courts had never considered a search quite like the one conducted on Frank Irving Wiggins as he was ordered out of his car in the parking lot of a St. Paul White Castle in November 2008.

Officer Kara Breci had seen Wiggins in his idling vehicle and assumed he was involved in a drug deal since he was not eating. Breci investigated. After she saw a rear-seat passenger with a bag that looked like it contained marijuana, she ordered Wiggins and two passengers out of the car with hands on their head. The loose-fitting jeans Wiggins had been wearing immediately fell to the ground. As Breci pulled up Wiggins’s pants, she felt an object that turned out to be a .380 pistol in his pocket. Because of his prior convictions, Wiggins was arrested and convicted by a district court for unlawful possession of a firearm.

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The Washington state Supreme Court on Friday rejected the motion filed on behalf of a traffic camera company to block a public vote on the use of automated ticketing machines. In a two-sentence order, the court refused to intervene in the scheduled November 2 election in the city of Mukilteo where residents had signed a petition forcing a red light camera and speed camera ban onto the ballot. The denial of a motion for an emergency injunction came a month after the Snohomish County Superior Court also declined to stand between the voters and the ballot box (view decision).

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