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WDKX.com » Blog » Lawsuit Filed Against Rochester's Red Light Camera Program
Aug 3rd 2013 2:28 pm
Lawsuit Filed Against Rochester's Red Light Camera Program
by News

ROCHESTER, N.Y. -- It may seem like nobody is watching when you run through a red light, but police may be the least of your worries. Dozens of intersections in Rochester are now equipped with red light cameras.

"When I received it I was shocked because I knew it wasn't possible," said Lawrence Krieger, a Rochester resident.

Most people pay up, but there are some people who try to fight it.

"My first thought was oh come on, those always get thrown out," noted Michael Steinberg, an attorney.

Krieger hired Steinberg to challenge the constitutionality of his red light ticket.

"There's nobody that's swearing under oath that they witnessed that video and properly put into evidence, there's nobody to cross examine," said Krieger.

He recently sued the city, claiming the camera program is in violation of the fifth amendment right to due process.

Krieger explained, "That means that you have to have an opportunity to challenge the claim being made against you."

We have all made that split second decision. The light turns yellow, you think you can make it through the intersection before turning red.

For any other traffic violation you would get pulled over and discuss it with the officer, but these cameras consider you guilty and you receive your ticket in the mail.

"You have no way of really challenging it, really reconstructing what happened," noted Krieger.

No matter who was driving the car, the burden falls on the owner. In court on Thursday, the judge denied the city's motion to dismiss Krieger's lawsuit.

The judge will hear both arguments on September 24th.

"It's not about fifty dollars, I think it's very important that people don't give up their constitutional rights when they drive into the city," said Steinberg.

Krieger said he hopes to fold the entire red light program.

"It's opening the door to larger scale surveillance that we think is a threat to the democratic way of life," he said.

Source: YNN.com