Results 1 to 6 of 6
  1. #1
    Join Date
    Aug 2011
    Posts
    2

    Default Photo Ticket for Red Light Infraction

    My question involves traffic court in the State of: Iowa

    My boyfriend received a red light photo ticket. He is the owner of the car but does not drive it. The photos only show the light, car, and plate, not the driver. There is no photo of the driver. It was me driving as it's my car but in his name. If there is no photo of the driver can't he get it dismissed? Does he have to say it was me driving in order to prove it wasn't him? Do I need to go with him? Can they ticket me for the infraction or is there a set time limit they have to write a ticket? Thank you for reading this and any advice given.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Photo Ticket for Red Light Infraction

    After briefly looking through the Iowa code, and with the exception of Iowa Code section 805.6 "Uniform citation and complaint", I am unable to find any state statutes that relate to issuance and enforcement of red light camera (or any automated enforcement) tickets which leads me to believe that those are issued under authority of a municipal body. This is further confirmed by way of Iowa code section 364.22 Municipal infractions granting such authority to individual municipalities.

    If that is the case here, and to answer your questions, we need to know the code section/ordinance number used in this citation and the name of the authority (municipality) that issued it.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Photo Ticket for Red Light Infraction

    Quote Quoting Huskerdee67
    View Post
    My question involves traffic court in the State of: Iowa
    ? Can they ticket me for the infraction or is there a set time limit they have to write a ticket? Thank you for reading this and any advice given.
    If its a local ticket then it may just be like a parking ticket; no points on license ... so you may just wish to give your BF the $$ to pay it...

  4. #4
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Photo Ticket for Red Light Infraction

    The ordinance code is 9.16.055 and the city code is CBLF. Thank you!

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Photo Ticket for Red Light Infraction

    Let me start with this: Sorry for the long post; this has been a hotly debated issue in my local area in the past few months, so my interest was peaked as I researched a different method of enforcing these matters than the way they are handled here.


    Quote Quoting Huskerdee67
    View Post
    The ordinance code is 9.16.055 and the city code is CBLF. Thank you!
    From: Council Bluffs, Iowa, Code of Ordinances >> Title 9 - TRAFFIC* >> Chapter 9.16 - SIGNS AND SIGNALS >>
    Code Section 9.16.055

    Automated red light enforcement.
    (a) General. The city of Council Bluffs, in accordance with the police powers authorized it by the state of Iowa for governing safe traffic flow, may erect or cause to have erected an automated traffic enforcement system for making photographs, video, or digital images of vehicles that fail to obey red light traffic signals at intersections designated by the mayor or his/her designee. The system may be managed by the private contractor that owns and operates the requisite equipment with supervisory control vested in the city's police department. Photographs, video, or digital images shall be provided to the police department by the contractor for review. The police department will determine which vehicle owners are in violation of the city's red light ordinance and are to receive a notice of violation for the offense.
    (b) Definitions.
    (1) "Automated traffic enforcement system" shall mean an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed to work in conjunction with an official traffic controller and to automatically produce photographs, video, or digital images of each vehicle violating a standard traffic control.
    (2) "Vehicle owner" shall mean the person or entity identified by the Iowa Department of Transportation, or registered with any other state vehicle registration office, as the registered owner of a vehicle.
    (c) Offense.
    (1) The vehicle owner shall be liable for a fine as imposed below if such vehicle crosses a marked stop line or the intersection plane at a system location when the traffic signal for that vehicle's direction is emitting a steady red light or red arrow.
    (2) The violation may be rebutted by a showing that a stolen vehicle report was made on the vehicle encompassing the period in question.
    (3) The citation will in no event be sent or reported to the Iowa Department of Transportation or similar department of any other state for the purpose of being added to the vehicle owner's driving record.
    (d) Penalty and Appeal.
    (1) Any violation of subsection (c)(1) shall be considered a civil violation for which a civil penalty equal to the current scheduled fine, including all surcharges and costs, as set by the Iowa Code for failing to obey a red light traffic signal shall be imposed, payable as directed on the citation.
    (2) A recipient of an automated red light citation may dispute the citation by requesting an issuance of municipal infraction citation by the police department. Such request will result in a required court appearance by the recipient and in the scheduling of a trial before a judge or magistrate at the Pottawattamie County Courthouse. The issuance of a municipal infraction citation will cause the imposition of state mandated court costs to be added to the amount of the violation.
    (3) If a recipient of an automated right light citation does not pay the fine by the stated due date or request a trial before a judge or magistrate, a municipal infraction will be issued to the recipient by certified mail from the police department. Said municipal infraction will result in a mandatory court appearance by the recipient as well as imposition of stated mandated court costs.

    Quote Quoting Huskerdee67
    View Post
    It was me driving as it's my car but in his name.
    If it is registered (and likely titled) in his name, then for all intents and purposes, it is his car! The agreement that you two have is not legally binding as far as the city or state are concerned, nor will it hold up against a civil suit against him in case of an auto accident resulting in property damages and/or injury/death. After reading the related code section below, his liability also extends to traffic violations of this type as well as other violations that are written against the vehicle and its registered owner (such as parking tickets).

    As for your questions, it looks to me like the system is set up in a way where there aren't any pictures of the driver, thereby leaving the registered owner responsible for the fine amount, regardless of who was driving at the time!

    So the way I understand things is that he has the following options:
    1. He can pay it, you reimburse him and be done with it. Neither his nor your driving record is affected in any way. And the fine amount is limited to $107.25.

    2. He can dispute it by elevating it to the municipal court level but since the evidence will clearly show that whomever was driving ran the red light, he will likely be fund guilty and will then be held responsible for the original $107.25 fine amount PLUS court costs.

    3. He can dispute it by elevating it to the municipal court level and then go in there and argue that he wasn't driving but refuse to I.D. the driver; although by the way the code section is worded, the likely answer he will receive is "Well, we don't care who was driving, you are the registered owner so you are responsible; But now that you're here, and in addition to the $107.25 fine amount, you owe $XX.xx in court costs"; or...

    4. He can dispute it by elevating it to the municipal court level and then go in there and I.D. you as the driver at which point their answer will be the same as in #3... "We still don't care who was driving, you are the registered owner so you are responsible; But now that you're here, and in addition to the $107.25 fine amount, you owe $XX.xx in court costs"[/I].

    I see no provision or any indication of him being able to dispute it and have it go away!

    Since it is a civil infraction and is not reported to Iowa Department of Transportation or similar department nor will it have any effect on his (or your) driving record, just give him the money and have him pay it and be done.

    You can also read the "STOP ON RED PROGRAM" leaflet issued by the Council Bluffs Police Department explaining how the program works.

    In the slight chance that you might reply with a "can they do that?" or "is that legal?" or in any way questioning the authority of the city of Council Bluffs in enacting such a statute, you can look at a similar ordinance enacted in Davenport, Iowa (see code section 10.16.070) around the same time Council Bluffs enacted theirs (around 2004). Since then, there has been one challenge that ended up making it all the way to the Iowa Supreme Court. In City of Davenport v. Seymour, Iowa: Supreme Court 2008 the court upheld Seymour's conviction of the violation he was cited for (speeding caught by camera) and upheld the city's authority in enacting that code section:

    Quote Quoting Davenport v. Seymour
    We hold the Davenport ATE ordinance is not preempted by the traffic regulations and enforcement mechanisms of Iowa Code chapter 321 and sections 364.22(5)(b), 805.6, or 805.8A. As a result, the ruling of the district court in this matter is affirmed.
    There are a few other "due process" matters that were not addressed in the Seymour case, my understanding is that they were rejected in the lower court(s) and were not brought up by the parties in the referenced case. So the court remained silent in those regards.

    If you've got the stamina and the desire to pursue such matters, you or your boyfriend are free to examine those matters as possible recourse.

  6. #6
    Join Date
    Sep 2011
    Posts
    3

    Default Re: Photo Ticket for Red Light Infraction

    One other question from a "lurker". What happens if you just ignore the speed camera ticket (don't pay).

    1. Sponsored Links
       

Similar Threads

  1. Lights, Signs and Traffic Controls: How to Dispute a Notice of Infraction from a Photo Enforced Ticket
    By checkm8 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 01-12-2012, 12:48 PM
  2. Lights, Signs and Traffic Controls: Red Light Photo Ticket
    By zrydervr4 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 06-30-2011, 10:59 AM
  3. Lights, Signs and Traffic Controls: Photo Red Light Ticket
    By buffalo_jill2 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 06-10-2010, 07:35 PM
  4. Lights, Signs and Traffic Controls: Red Light Photo Infraction
    By sparky12 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 05-17-2010, 10:40 PM
  5. Speeding Tickets: Photo Infraction Ticket Served by Mail
    By NCC 1701 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 03-21-2010, 03:33 PM
 
 
Sponsored Links

Legal Help, Information and Resources