Post by pictureman on Apr 29, 2010 12:34:43 GMT -5
Finally!
Class Action Lawsuits Filed Against Chattanooga, Red Bank Traffic Camera Programs
Plaintiffs Seek Up To $10 Million From Each
posted April 29, 2010
Several local citizens who have gotten $50 tickets from photo traffic enforcement in Red Bank and Chattanooga have filed class actions lawsuits against the two cities.
The Chancery Court complaints say the programs are unconstitutional and ask the reimbursement of all fines paid since the two programs went into effect.
The suits, filed by Chattanooga attorney Jonathan Guthrie and Knoxville attorneys Robert Pryor and Adam Priest, ask for the award of up to $10 million from each city.
The complaints say the municipal traffic enforcement programs are unconstitutional because they conflict with state traffic enforcement programs.
They say state law must prevail "to promote the necessary uniformity of law throughout the state."
The suits say at the time Red Bank started its program in 2005 and Chattanooga in 2006 the programs were "unconstitutional and void ab initio."
They say the conflicts between the municipal programs and the general law of the state "are significant and numerous."
The complaints say in the traffic photo enforcement programs the tickets are mailed to the owner of the vehicles regardless of whether they were driving at the time the ticket was issued.
They say there is a "lesser burden of proof" with the municipal programs.
The suits say since the tickets are considered civil in nature there is "therefore no right to a jury trial, to the presumption of innocence, to be found innocent unless proven guilty beyond a reasonable doubt, and protection from double jeopardy.
The complaints say Tennessee is required to operate a driver improvement program that is based on traffic offenses by a particular driver. However, it notes that the tickets under the photo programs could not be considered.
The suits say the programs work against the state effort "to establish a uniform system for conducting a driver improvement program to identify unsafe drivers and remove them from the roadway."
Initial plaintiffs in the suit against the city of Chattanooga are Tyler Geren of Standifer Gap Road and Daniel Houston of Ringgold, Ga.
Initial plaintiffs in the suit against the city of Red Bank are Drew Whitley of Jarnigan Avenue, Chattanooga, and Alicia Carico of Lookout Mountain, Tn.
[From Chattanoogan.com 4/29/10]
Class Action Lawsuits Filed Against Chattanooga, Red Bank Traffic Camera Programs
Plaintiffs Seek Up To $10 Million From Each
posted April 29, 2010
Several local citizens who have gotten $50 tickets from photo traffic enforcement in Red Bank and Chattanooga have filed class actions lawsuits against the two cities.
The Chancery Court complaints say the programs are unconstitutional and ask the reimbursement of all fines paid since the two programs went into effect.
The suits, filed by Chattanooga attorney Jonathan Guthrie and Knoxville attorneys Robert Pryor and Adam Priest, ask for the award of up to $10 million from each city.
The complaints say the municipal traffic enforcement programs are unconstitutional because they conflict with state traffic enforcement programs.
They say state law must prevail "to promote the necessary uniformity of law throughout the state."
The suits say at the time Red Bank started its program in 2005 and Chattanooga in 2006 the programs were "unconstitutional and void ab initio."
They say the conflicts between the municipal programs and the general law of the state "are significant and numerous."
The complaints say in the traffic photo enforcement programs the tickets are mailed to the owner of the vehicles regardless of whether they were driving at the time the ticket was issued.
They say there is a "lesser burden of proof" with the municipal programs.
The suits say since the tickets are considered civil in nature there is "therefore no right to a jury trial, to the presumption of innocence, to be found innocent unless proven guilty beyond a reasonable doubt, and protection from double jeopardy.
The complaints say Tennessee is required to operate a driver improvement program that is based on traffic offenses by a particular driver. However, it notes that the tickets under the photo programs could not be considered.
The suits say the programs work against the state effort "to establish a uniform system for conducting a driver improvement program to identify unsafe drivers and remove them from the roadway."
Initial plaintiffs in the suit against the city of Chattanooga are Tyler Geren of Standifer Gap Road and Daniel Houston of Ringgold, Ga.
Initial plaintiffs in the suit against the city of Red Bank are Drew Whitley of Jarnigan Avenue, Chattanooga, and Alicia Carico of Lookout Mountain, Tn.
[From Chattanoogan.com 4/29/10]
