In a ruling today, District Judge Leslie Hayashi dismissed three cases that were consolodated as a test case.

Defense attorneys challenged the part of the state program that allowed prosecutors to “presume” the registered owner of the car was driving the vehicle when the camera citation was issued. The photographs do not identify the driver.

Because multiple drivers regularly use the same car, the state cannot prove “beyond a reasonable doubt” that the offending driver was the registered owner, Hayashi said.

Although the ruling pertains specifically to the three cases, other drivers cited under the photo enforcement program could use the ruling to get their cases dismissed.

The cases are still wending their way through the court system despite Gov. Ben Cayetano's decision yesterday to kill the traffic photo enforcement program.

Cayetano, who had supported program, relented when the state House voted to repeal the program earlier this week.