Traffic in Baton Rouge has been a major problem for motorists and city planners in recent decades, and now traffic could be a problem for the city’s judicial system.
The Baton Rouge Department of Public Works is in the final stages of approving new technology that will ticket red light violations at designated locations. Cameras currently test at two intersections that will issue traffic tickets for red light violations, but the city has no way of forcing violators to pay.
The system planned to be implemented will have tickets mailed to red light violators after a series of reviews. The photograph taken by the camera will be tested and examined for picture quality and clarity and then reviewed by a Baton Rouge traffic officer.
If the traffic officer believes a violation has occurred, a ticket will be distributed to the violator within a three-week period.
Then the law gets tricky.
Louisiana state law does not allow the use of cameras to issue traffic tickets, so the ticketing process was altered. The violator will receive a civil ticket instead of a traffic ticket, which means lower fines for violators.
“It will be less than a regular ticket,” said Ingolf Partenheimer, chief traffic director of Baton Rouge Public Works. “The ticket will be in the $75 range. The intent is to make people aware and stop people from running the lights.”
But because there are no laws in place to enforce the payment of civil tickets in Louisiana, such as warrants, suspension of license or even due process, violators will not be forced to pay.
“We are hoping legislation in the future will be able to force people to pay,” said Art Boudreaux, Baton Rouge city prosecutor. “It’s all uncharted waters for us.”
In Houston – where traffic laws resemble those of Baton Rouge – traffic cameras were implemented over six months ago, but residents are not paying their fines. Houston traffic lawyer Scott Markowitz and colleagues are challenging the constitutionality of the cameras, and the city, is losing anticipated revenue.
Markowitz said he thinks the cameras are money making tools for the city and the city council’s interest is in new revenue, not accident reports.
“There was very little outcry [by Houston residents],” Markowitz said. “People were not paying them. They can’t issue a warrant. If you don’t pay, nothing happens. Behavior patterns are not changing. It’s a money grab. The city council isn’t asking about accident reports. They want to know why violators aren’t paying their fines.”
Michael Kobushi is another Houston attorney challenging the use of traffic cameras. In August of 2006, Kobushi intentionally ran a red light in the Houston downtown district so he could file suit against the city.
Kobushi’s violation was no secret to the city. He invited the local media to attend as well as a police officer to block traffic to ensure safety during the violation.
“No one can legally hear a case because the cameras are against the law,” Kobushi said. “The issue isn’t privacy. It’s whether the state has or can authorize the use of the cameras.”
Across Houston, suits are being filed for invasion of privacy, and residents are challenging the constitutionality of the cameras. In San Diego, courts are still settling suits after a group of lawyers proved traffic light engineers were paid off by camera retailers to shorten the timing of yellow lights, producing more tickets.
Like in Houston and San Diego, cameras installed in Baton Rouge will be of no cost to the city. A deal struck between the camera retailers and the city allows the city use the product if the retailer is provided a cut of ticket profits.
—–Contact Brennan David at bdavid@lsureveille.com