By JEFF SCHMUCKER | Hernando Today | Published: October 06, 2012 Updated: October 06, 2012 – 12:00 AM
He added that police weren’t able to verify that notification of the traffic infraction had been sent to the court, because the camera vendor had done it instead.
While either of those two reasons are enough to dismiss the case, Hitzemann wrote that the images from the cameras fail to show whether the vehicle owner is the driver who commits the traffic infraction.
“If the court had not previously found that dismissal of the citation was proper, the evidentiary defect described here would have led to a not-guilty verdict,” Hitzemann wrote.
Hyslop said Friday that the ruling opens the door for motorists to successfully challenge their red-light camera tickets in court as well — if they can present the right arguments, such as the ones he used.
“I’m quite happy with this outcome and hopefully the city will see the writing on the wall and see that these tickets are no way to raise money,” Hyslop said. “Others can successfully challenge their tickets, but they would have to raise the appropriate objections and hopefully a judge will similarly have their case thrown out.”
George Angeliadis, an attorney with the Hogan Law Firm, which represents the city, said the case doesn’t necessarily mean that vehicle owners are guaranteed a free ride from paying their red-light camera ticket.
He added that his firm would discuss the case with city officials and decide whether they intend to appeal the case.
“I haven’t had a chance to really look at the judge’s order. But if he has more of a problem with the way the case was presented, it could be something that’s easily fixed,” Angeliadis said. “But I’m not sure this changes anything.”
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