It’s rare for the highest court in any state to review matters involving a $75 dispute but that’s exactly what has happened in Iowa where a traffic infraction matter has moved through the judicial system all the way to the Iowa Supreme Court.
A woman received a speeding ticket after a traffic camera allegedly “caught” her traveling at 68 mph in a 35-mph zone. The alleged incident occurred in February 2015. The appellant is arguing that her constitutional rights were violated (along with state law) and thus the review by the state’s highest court.
According to the woman, the violations occurred when the city gave police powers to the company that maintains the cameras. The woman’s case has been joined with another centered around the same issues. For her part, the woman says that she was not speeding and that it is unlawful for anyone, or anything, to assess speed outside of a law enforcement officer. In this case, it was an outside vendor/company actually performing the “enforcement”.
The woman’s attorneys say that the camera does not issue tickets to large commercial trucks or government vehicles. This, they claim, is an arbitrary violation of equal protection. How the state court decides may have an effect on the legality of these cameras throughout the state. If found to be unconstitutional, other states may stand up and take notice.
If you’ve received any type of camera ticket in NY, you have the right to contest it. Most lawyers don’t handle basic camera tickets because there are no license or insurance ramifications and it rarely pays to hire counsel. However, If you have received a a traditional officer issued speeding ticket in New York, you may want to discuss your options with someone who can help. Reach out to our experienced attorneys today for assistance. Don’t assume that you are forced to pay a ticket without putting up a fight.