Most Popular

"Most Popular" tools sponsored by:

National Features >

  • Broward-Palm Beach New Times

    Sexual Healing

    For Florida's sole remaining sex surrogate, love is a many splintered thing.

    By Michael J. Mooney

  • City Pages

    Your Friendly Neighborhood War Profiteer

    It's not just giant companies cashing in on America's defense industry.

    By Jeff Severns Guntzel

  • The Pitch

    Supersizing Sonic

    How a throwaway idea at the Barkley ad agency became the "Sonic Guys."

    By Justin Kendall

  • Houston Press

    Temples of Tex-Mex

    A diner's guide to Texas's oldest Mexican restaurants.

    By Robb Walsh

Red Alert: Everything they really don't want you to know about those pesky traffic-light cameras

Continued from page 1

Published on March 05, 2008

Why the need for this special legislation? Because, as Bosley puts it, "The way it is now, if a person doesn't pay the fine, there ain't nothing nobody can do because they've violated no law. With my bill in place, they can lock you up and impound your car. It gives the law teeth."

As it stands now, the city will not issue a bench warrant against car owners who do not respond to tickets generated from the traffic cameras, nor will it turn their names over to a collection agency. So what will the city do? "Nothing," states the laconic Rhode. Surprised? So were we. But then, as we've discovered, there are many things the city doesn't want the public to know about its red-light cameras.

City officials insist the cameras that are installed at 21 city intersections are used solely to improve public safety, not to generate revenue. So they'd prefer the $1.9 million the program has collected in just its first ten months of operation not be emphasized. City hall is also hesitant to advertise the additional $900,000 that's gone to Arizona-based American Traffic Solutions (ATS), the private company that installs and monitors the cameras, and then splits the fines with the city.

Other issues the city would rather not highlight include the fact that the cameras have inconclusive safety results, they're not used exclusively at the city's "most dangerous" intersections and their very use stands on shaky legal ground.

"These tickets are offensive to anyone who cares about the Constitution," voices Steve Ryals, a Saint Louis University law professor and former general counsel to the American Civil Liberties Union of Eastern Missouri. "The judge brings them up there and says, 'OK, why aren't you guilty?' But what the poor citizen doesn't understand is that the videotape is not sufficient evidence in which they can be found guilty of anything. There's not an image of you driving the car, and the city has the burden of proving beyond a reasonable doubt that you committed the offense."


Of the hundreds of people who've disputed their red-light citations at the St. Louis Municipal Court, just two have filed an appeal. Later this month, St. Louis Circuit Court Judge Barbara Peebles will hear the case of a man who's acquired three citations for running stoplights on Hampton Avenue. The other appeal, involving a driver who failed to come to a full stop before turning right on red, was to be heard last month.

Kirkwood resident Ronald Edelman argued in his petition to the circuit court that the red-light citations violated his Fifth Amendment rights under the U.S. Constitution by compelling him to testify against himself. Edelman dismissed his appeal days before his scheduled hearing, but several civil-rights attorneys say he might have had a case.

"I think anyone who wants to fight this is going to win," says Clayton civil-rights attorney Bevis Schock. "All you have to do is evoke your Fifth Amendment right to remain silent. The judge can't prove you did it."

The problem, adds Schock, is that few people have the time or willingness to challenge the citations before a judge. "This just isn't the right hill to die on, which is why it's such a great way to raise revenue for the city," says Schock. "I get calls from clients about this all the time, and I tell them, 'Look, it's a hundred bucks. Just pay it.' Now, if they start locking people up over these, I think you're going to have civil-rights attorneys who are just going to have a field day."

Alderman Bosley admits that the bill he's sponsoring isn't perfect, but he insists that measures are needed to penalize the guilty. "There is always going to be the question: 'How can you fine Joe Blow for running a red light when it was Suzie Q. who was actually driving the car?'" says Bosley. "But by giving the law teeth, hopefully we can create an atmosphere where we can get down to prosecuting the true guilty party."

Since Arnold became the first Missouri city to pass an ordinance approving the use of red-light cameras in 2005, the state's appellate courts and supreme court have yet to weigh in on the issue. But last week St. Louis County residents James and Kara Hoekstra filed a federal lawsuit against the City of Arnold and American Traffic Solutions. ATS also monitors the cameras in that Jefferson County municipality.

The lawsuit filed in U.S. District Court in St. Louis argues that the city's red-light ordinance is unconstitutional and violates state law by guaranteeing that no points will be assessed to a moving violation if the required fine is paid. Criminal defense attorney Chet Pleban, who represents the Hoekstras, also alleges that Arnold officials violated federal racketeering laws by using the mail and Internet "as part of their broader scheme to defraud plaintiffs" and "by collecting fines when they could never prove a violation."

Show All« Previous Page   1   2   3   4   Next Page »

Riverfront Times Insiders

  • Local food, music and news blasts
  • Free Stuff
Backpage.com