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Updated: 10:48 PM Dec 4, 2008
Red-Light Fight
After a ruling in Dallas, a College Station man says his red-light camera fine should be thrown out because he believes the company operating the cameras is doing so illegally. Posted: 9:07 PM Dec 4, 2008Reporter: Ashlea Sigman Email Address: Sigman@kbtx.com |
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55 Comments 
He said it was the first time he had ever been in court, but Thursday, College Station resident Jim Ash took the hot seat.
Ash tried to explain to Municipal Judge Ed Spillane why he shouldn't have to pay a $75 fine from a red-light camera.
Judge Spillane played video of Ash's car pulling up to an intersection as the light turned red, then making a right turn.
"My understanding is that the chain of custody of the evidence that you're looking at has not been followed. In that they're not licensed by the state to do that type of work in the state," said Ash.
Ash is citing a district judge's summary judgement in Dallas, a few weeks ago. The judge ruled that a red-light camera company must follow the texas occupations code and be licensed as an investigations company.
"I'm aware of the occupation code argument, the license and the case that's in Dallas," said Spillane. "What relevance does the licensing of the camera have to do with- one, the transportation code statute? Secondly, what does that have to do with whether or not you went through the red light?"
"So lacking a license, I feel that my notice of violation is deficient," said Ash.
College Station city attorneys argued the controlling law in the case was not the occupations code, but a city ordinance.
"At no point in time do they say there needs to be any sort of private investigations license," said College Station Assistant City Attorney Michael Matlack.
"I have no idea all the different contracts involved in all the different criminal cases where there's a higher standard," said Spillane. "My burden is to look at that and say did you, Mr. Ash, go through the red light? It seems clear to me that you did violate the civil statute."
Although Ash lost his fight Thursday, he plans to continue the battle.
"In a lot of ways I expected this outcome and these are never really decided at the municipal court level, they're always at the district court level, or federal court level where people ultimately get relief," said Ash.
A salesman by trade, Ash said this will be the last time he'll represent himself in court, and has already contacted an attorney about filing an appeal.
"It's gonna call for greater legal minds than mine at this stage," said Ash.
Latest Comments
Jim Ash, so am I to assume that you would still be disputing the legality of the video company if say one of those non- state liscensed cameras caught a drunk making the same illegal turn you did, and lets say ran down one of your family members? That video being the only proof to put your loved ones killer behind bars? Lemme answer that for you, no you wouldn't. You'd be thanking God for those cameras. You think you found a loop hole in the system and are wasting peoples time and money trying to circumvent the law to your own advantage to get out of paying a 78dollar ticket? What values did your parents teach you?
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*American Traffic Solutions is not licensed under the Texas Occupations Code §1702.101. That American Traffic Solutions operates as a private investigative service in the State of Texas without a required license and thereby making my notice of violation deficient.*The Fourteenth Amendment outlines a right to equal protection under the law. The conversion of a criminal matter under section 544.007(d)of the Texas Transportation Code to a civil matter in the case of city ordnance 3017 denies me protections afforded other citizens in the defense of my life, liberty, and property.*The conversion of the criminal matter under section 544.007(d) of the Texas Transportation Code serves to deny me my Fifth Amendment Right to due process. City Ordinance 3017 § 3.(k).(iii) states “my failure to contest is an admission of liability”, in direct violation of my Fifth Amendment rights.* American Traffic Solutions is a profit driven company with prime economic interest in generating violations.
[ Report Abuse ]
Our society is very adamant about following the law. In this instance an out-of-state for-profit corporation seeking Texas citizens' hard-earned money for questionable infractions should be willing to pay the licensing fees to operate in Texas. The use of digital imaging instruments can certainly be manipulated for profit with today's technology. I can send you an image showing him BACKING through the light. Think about it...Good luck, Mr. Ash!
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