Traffic camera cases to get day in court
By Mike Leidemann
Advertiser Transportation Writer
Got a problem with those new traffic cameras? Tell it to the judge.
Advertiser library photo • Jan. 2, 2002
That's what hundreds of people are expected to do starting tomorrow, as the debate over Hawai'i's new speed enforcement program moves from the court of public opinion into the courtroom.
Camera-equipped vans, like this one monitoring Pali Highway traffic, have produced thousands of speeding citations on O'ahu. About 150 people could show up in court tomorrow to respond to their tickets.
Honolulu District Court officials say as many as 150 vehicle owners may show up to challenge their camera citations tomorrow afternoon, the first day of scheduled hearings under the program.
"No one knows what's really going to happen," said defense attorney Earle Partington. "It could make for great drama."
Or it could make for great dullness. Court officials say the day will be one of civil hearings, not trials. No prosecutors will be present, no great legal rulings made. The hearings will be only a first step in determining an individual's guilt or innocence and, ultimately, the legal fate of the camera program, officials say.
"Tuesday's hearing process won't be any different from those for speeding tickets issued by police," said Marsha Kitagawa, public affairs director for the state Judiciary.
Nevertheless, prosecutors, defense attorneys, lawmakers and others all will be watching the proceedings closely for the first sign of how the courts will handle the anticipated number of people challenging the unpopular camera citations, Partington said.
"Everyone is expecting so much," he said. "Lawyers crave predictability, but right now all we have is uncertainty. Everybody is waiting to read the tea leaves to see which way the judges are leaning."
Those scheduled for court appearances Tuesday are among 420 people who received citations during the program's first two days of operation in January. Of those, 144 already have paid their fines and another 126 have given the courts written statements, either offering an explanation for their action or declaring that someone else was driving the vehicle.
As of last Wednesday, that left 150 people who could show up to challenge their citations in court tomorrow or return their citations by mail before then, Kitagawa said. "We won't know exactly how many cases we'll have until Tuesday morning," she said.
Once the number is determined, here's what's likely to happen, according to court officials and attorneys:
All defendants will be divided by last name between two courtrooms located on the fourth floor of the District Court Building on Alakea Street in downtown Honolulu. Then, one by one, they will have the opportunity to either admit or deny the allegations before a judge.
Those who admit the offense but offer an explanation of extenuating circumstances — "I was just keeping up with traffic," "My speedometer was broken," or something similar — will learn their fate quickly. If the judge rules in favor of the defendant, the case will be dismissed; if the judge rules in favor the state, the legal fines and court costs will be imposed immediately.
Those who deny the charges, however, will be given what's called a contested hearing; if the judge then rules in favor of the state, a trial on the charges will be scheduled, probably in May at earliest. That will be the first real opportunity for those defendants to challenge the validity of the new camera law, attorneys say.
"We don't know what the courts will do then," said Jim Fulton, a spokesman for the city's Prosecuting Attorney's Office, which is charged with handling those cases that go to trial.
Fulton said the courts may find the evidence contained in the citation — including a picture of the speeding car, its license plate number, and details about the time, date, location and exact speed of the alleged violation — sufficient to convict most drivers.
If not, the courts could require more evidence, including the testimony of the camera operator or color pictures of the infraction, Fulton said.
It's at those trials that the first serious legal challenges to the 2000 law authorizing use of the cameras in Hawai'i are expected to be raised, attorneys say. Among the challenges expected are ones based on due process, privacy issues and a possible conflict with other state laws that say speeding violations have to be tied to a driver, not just a vehicle.
The camera programs are used in more than 50 other jurisdictions in North America. Generally legal challenges to the programs based on constitutional issues have failed, but in at least two cities, San Diego and Denver, the cameras programs have been halted by court rulings that found them in violation of other state or local laws.
"I don't think any judge will step forward right away and just find the program illegal," Partington said. "But it's possible that one could announce on Tuesday that he's throwing out any ticket that doesn't involve going at least 10 miles per hour over the limit."
Partington said that's a standard of leeway often used by Honolulu police officers and in court.
"That would be a very popular thing for a judge to do, and it would take the heat off off the Legislature and others," he said.
Correction: A Honolulu District Court judge will hear vehicle owners challenge their traffic-camera citations tomorrow. Also, trials on the charges will be scheduled in May at the earliest. A previous version of this story gave wrong time references.
