News Column

Kerr & Wagstaffe Responds to NYC "Red Light" Class Action

Dec 17 2012 12:00AM

Marketwire

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SAN FRANCISCO, CA -- (Marketwire) -- 12/17/12 -- Although nearly 550 communities in the United States are noted to have red light traffic cameras installed to reinforce driver safety, many feel that these devices are unlawful in their operation. A recent article from CBS News highlights a recent discovery by AAA New York engineers that suggests many New York City red light cameras do not allow enough time for drivers to pass through before being noted as violators. As a result, those who have received tickets for running red lights are threatening the city with a class-action lawsuit. Kerr & Wagstaffe, a California-based law firm specializing in class-action cases, responds to the specific nature of these legal claims.

The article states, "By federal law, drivers have to have enough time to get through a yellow light -- three seconds at the typical 30-mile-per-hour intersection. Back in October, engineers at AAA New York discovered a problem. At some city intersections with the cameras, the yellow lights were almost a half-second too fast." In response to this finding, Robert Sinclair, AAA motor club New York spokesperson, notes that although AAA is in support of the safety measures provided by these red light cameras, they are rendered inefficient if simply used as a "revenue enhancement tool."

According to Kerr & Wagstaffe, public action against red light camera programs deliver varied results to the community. In a recent press statement, Kerr & Wagstaffe notes, "Class action lawsuits seeing to prohibit the use of red light cameras have met with mixed success in the courts." Although the state of New Jersey has suspended its red light camera program as a response to similar defective findings, the New York City Department of Transportation claims, "There has been no substantiation that any red light cameras in this report were improperly timed or led to any violation being issued incorrectly."

Although the claims have yet to be recognized, the article notes that "as many as six million ticketed New York drivers" affected by these cameras may benefit from a class-action lawsuit against the city. However, Kerr & Wagstaffe maintains in its press statement, "Ultimately, it comes down to whether the accused jurisdiction has used the appropriate procedural safeguards to provide for due process rights of the alleged red light runners."

ABOUT:

Kerr & Wagstaffe is a San Francisco-based law firm that is known for its bold and well-prepared legal representation. The lawyers at Kerr & Wagstaffe are active in a long list of practice areas, including intellectual property rights, patent cases, and constitutional law. Together, the attorneys at Kerr & Wagstaffe have worked on a number of landmark cases, some of which have been controversial and of incredible importance within their field. Additionally, Kerr & Wagstaffe helps its clients face more common legal battles with confidence.



Source: Marketwire