Payback likely out of picture in red-light tiff
Marisa O’Neil
Even though the city has suspended issuing tickets to drivers who are
caught on camera running red lights at two intersections, those who
have already paid are likely out of luck.
The California Supreme Court this week declined to review a lower
court decision that two of the city’s four red-light cameras don’t
comply with state law. Those intersections -- Newport Boulevard at
17th Street and 19th Street -- are operated by Caltrans, not the
city.
So, the ruling invites the question: What happens to people who
received and dutifully paid tickets before the city stopped issuing
them in February?
“Their convictions are final,” city attorney Kimberly Hall Barlow
said.
That’s not what most people want to hear, especially those who
already paid the more than $300 fine and spent a day in traffic
school.
“The fine was very expensive,” said Julia McCarthy, who paid her
ticket before the court ruling. “But worse -- I had to spend a day
away from my 1-year-old son to attend traffic school. Had I known
there were issues with the ticketing, I certainly would have pursued
it.”
The lower court decision came in February after one person who
received a ticket at Newport Boulevard and 19th Street successfully
fought it in Orange County Superior Court. The yellow light, he
argued, was too short.
The judge in that case ruled that since Caltrans, not the city,
operates the Newport Boulevard intersections, the city can’t use the
red-light cameras to write tickets. The city also had to give 30-day
notice of each camera’s installation, the judge ruled.
Costa Mesa initially gave notice only when the first camera was
installed, which was how it had interpreted the law. After the
ruling, officials issued notice for the city’s other three cameras
and stopped issuing tickets at those intersections.
Now the city is working on a contract with Caltrans that will
satisfy the court and allow the city to resume issuing the $337
citations at the two Newport Boulevard intersections.
The ruling may make it easier for those who received tickets at
those two intersections to fight the tickets in court. But since the
tickets would have been issued before February, it’s unlikely any are
left unpaid.
Those who haven’t paid or made an appearance in court could also
face charges of failure to appear in court.
Those who paid and did not appear admitted guilt, Barlow said.
Anyone who fought a ticket but lost has the right to appeal. But
that appeal had to be filed within 30 days.
And anybody who went to traffic school won’t get back those hours
of class.
So for now, drivers caught by a camera at either of the two
Newport Boulevard intersections will still receive only a warning
letter in the mail. But that’s better than nothing, considering
accidents at intersections with the cameras are down, Sgt. Rich Allum
said.
“We think they do get people to think and pay attention,” Allum
said.
That still doesn’t help those dissatisfied by the whole
experience.
“Overall, the situation makes me want to avoid those intersections
on Newport Boulevard where the cameras are located,” said Steve
Ambrosio, who paid his ticket and attended traffic school. “I am not
surprised that the city attorney would insist no refund is due, but
it may not hurt for me to ask.”
* MARISA O’NEIL covers public safety and courts. She may be
reached at (714) 966-4618 or by e-mail at marisa.oneil @latimes.com.
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