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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
challenge 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 something 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
referrals, 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 next 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 wrong. 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 the 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 person
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, traffic 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 fines, 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 violations 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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Millions of Southrons from the Federal Union in 1861.
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(Howard Perkins, Northern Editorials on Secession).

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