photo radar tickets

Author
Discussion

dann

Original Poster:

35 posts

289 months

Thursday 28th February 2002
quotequote all
Glad to see one city has sense

All photo radar tickets dismissed

The city's controversial photo radar ticketing program has been suspended and those drivers who have received a photo radar ticket can throw it away, according to city officials.

All pending photo radar violations have been dismissed where the driver has not already admitted liability, the Denver City Attorney's office said Wednesday.

If you've already paid a ticket, you're out of luck. The attorney's office said no refunds will be made on tickets already paid for.

"The city intends to renew the photo-radar enforcement program in the future. When the program returns the city will begin processing the violations detected after the renewal of the program," city officials said in a statement.

dann

Original Poster:

35 posts

289 months

Thursday 28th February 2002
quotequote all
More detailed article

Photo tickets headed for trash

All unpaid citations from anti-speeding program to be tossed; refunds not included

By Peggy Lowe, News Staff Writer

Denver abruptly dismissed all unpaid photo radar tickets Wednesday, but the city won't be putting any checks in the mail.
"If (the ticket) isn't already resolved and closed, then it's being dismissed," said Jim Thomas, an assistant city attorney. "If it has already been paid, there isn't going to be any refund."

And what message is the city sending to those good citizens who have already paid?

"If you're a good citizen, you shouldn't have been speeding in the first place," Thomas said.

The city suspended its multi-million dollar photo radar program in January after a county judge ruled that it violated both city and state law. The city is appealing that decision.

Thomas wouldn't talk about the reasoning behind Wednesday's decision.

"We just decided it was the appropriate thing to do," he said. "We are reviewing the program."

Attorneys Gary Pirosko and Stuart Barr challenged the law originally to have four photo radar tickets thrown out. Pirosko said Wednesday that he liked the city's move, saying, "I think it's the appropriate thing for them to do."

Earlier this month, a class-action lawsuit was filed seeking refunds of all fines paid under the program. Pirosko is involved in that litigation as well, but he declined to comment on its progress.

Thomas said he didn't know how many tickets would be dismissed or the total dollar figure that would be lost to the city by forgiving those tickets.

Photo radar tickets are capped by law at $40, but they are double in school zones.

Since July, the city anticipated at least 12,000 tickets to be issued every month by its contractor, ACS State and Local Solutions.

The plaintiffs in the class action lawsuit, Dean Blanken of Lakewood and Thomas Godwin of Denver, contend that the city netted about $3,049,000 on photo radar in 2000 after paying the private operators about $3 million.

They state that about 160,000 people have paid the tickets since the program's inception in 1998.

The photo radar effort was suspended in January after Denver County Judge Mary Celeste threw out the four photo radar tickets in the suit brought by Pirosko and Barr, saying the program violated city law by delegating police power to private contractors.

Celeste also ruled that the program violates state law because the city paid the contractor based on the number of tickets issued.

Denver has appealed Celeste's ruling and is also fighting the class-action lawsuit seeking refunds -- with interest -- of all fines paid under the program.

The Denver City Council and Mayor Wellington Webb want the program reinstated.

Neighborhood groups like it because it potentially slows traffic in residential and school zones.

Councilman Ed Thomas has been nabbed by photo-radar twice -- once in Denver and the other in Commerce City. He paid the fines, and was one of the principal advocates for shifting the enforcement into neighborhoods last year.

Thomas said Wednesday he wouldn't support people receiving a rebate on their ticket payments since it would be "a logistical nightmare."

"It would cost the taxpayers a fortune to do that," he said.

Contact Peggy Lowe at (303) 892-5482 or lowep@RockyMountainNews.com.

February 28, 2002