Received a ticket and have a court date. Declared not guilty. In researching I found that the town I received the ticket in did not put the correct information that was asked for in their application with the State to be in the Red Light Camera (RLC) program. The information has to do with the timing of the yellow and the speed of the road which the camera is on. A very critical item. The NJDOT says they allowed the information provided and the NJDOT knows they and the town can not follow the law as written in this instance and throughout the state. So if a major point regarding the timing of the yellow portion of the light and the speed of the roadway that is in the law is not followed and the NJDOT allows it is the ticket valid??? No one has contested this YET in NJ. Class action???I won my Red Light Camera case today with Edison Township. My ticket was dismissed. Edison is not following the RLC law as it is written. They did not do the 85th percentile study that was needed to be done on Rt. 1 at Plainfield Ave. Which means the timing of the yellow portion of the light is not long enough by at least one second. They also did not have the inspections and certifications they needed for the camera system from REDFLEX. Plead not guilty and ask for the information through the town clerk in an OPRA request. She will help you with the OPRA papers. Or look it up online on the Edison website. They know that they are issuing tickets and not following the law themselves. ( I went to see Officer Timmy Alexander afterwards and he said he is still going to give out the tickets. It is up to the town to fix things he said.)
Interesting point. You need to file a motion to dismiss the ticket. You may have to establish the critical issue or just show the error in the app. Is this worth it for a 0 point ticket and low fine. Your call.
That is very interesting. I am assuming that the reason that you say no one has contested this yet in NJ is because you have not seen case law regarding this. That really just means no one has appealed it if found guilty or that every one that has brought it up has won. If it was for a failure to appeal a guilty verdict, it is most likely because they found the time and cost involved not to be worth it. It is a good point and is very interesting, but if it fails would you wish to spend the time to continue fighting it?
Michael L. Doyle
You have an interesting issue and argument. My question to you is how did you confirm that, in fact, the town did not put the correct information in their application? Can you please clarify the sentence: "The NJDOT says they allowed the information provided and the NJDOT knows they and the town can not follow the law as written in this instance and throughout the State." I don't know what that sentence means. Many misguided people think they have some point of law that will invalidate a summons only to discover they are misinformed/incorrect. This town is knowingly handing out tickets they know are invalid and the NJDOT is letting them do it? Your researach and crackerjack investigation has brought this to light? Please clarify!
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