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Southern California Criminal Defense

Thursday, February 12, 2009  
California Appellate Court Declares Red Light Camera Contracts Illegal

The Appellate Division of the California Superior Court in Orange County dismissed the ticket of a Fullerton woman because the city issued a ticket while having a an agreement containing a cost neutrality arrangement with the private company that operate the red light cameras. The Presiding Judge, Robert J. Moss, wrote, "The purpose of the statute is to avoid an incentive to the camera operator, as a neutral evaluator of evidence, to increase the number of citations issued and paid through the use of the equipment."

The following cities used similar cost neutrality clauses: Baldwin Park, Bell Gardens, Capitola, Cathedral City, Citrus Heights, Corona, Covina, Culver City, Daly City, Davis, Escondido, Gardena, Glendale, Grand Terrace, Highland, Laguna Woods, Lancaster, Loma Linda, Los Alamitos, MRCA, MTA/Metro, Marysville, Menlo Park, Millbrae, Modesto, Moreno Valley, Murrieta, Napa, Newark, Oroville, Rancho Cucamonga, Redding, Redwood City, Riverside, Rocklin, Roseville, San Bernardino, San Juan Capistrano, San Leandro, San Mateo, San Rafael, Santa Maria, City of South San Francisco, Union City, Ventura, Victorville, Walnut, Yucaipa and Yuba City.

posted by Mark A. Gallagher, Attorney at Law  # 2:59 PM

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