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.