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The Honolulu Advertiser
Posted on: Thursday, February 21, 2002

No free ride for ticketed

 •  What happens if you're cited
 •  Answers to your traffic cam questions
 •  How speeding program works
 •  Where the cameras are
 •  Printable map of traffic camera locations
 •  ACLU list of rights if you get ticket
 •  Join our ongoing discussion: What do you think of the traffic cam program?

By Mike Leidemann
Advertiser Transportation Writer

Like everyone else involved in the state's traffic camera program yesterday, Rodelio Baysa didn't know what would happen next.

A day after two state judges dismissed nearly 100 citations because of a technical flaw and forced a suspension of the program, Baysa figured his citation for doing 48 mph in a 35-mph zone would be dismissed, too.

Unlike Tuesday's courtroom drama though, dozens of other people weren't arguing their cases alongside Baysa; there were no attorneys offering free advice. Instead, Baysa, a computer field engineer for Straub Clinic & Hospital, stood all alone before District Judge Leslie Hayashi without a clue about what to say.

Admittedly nervous and jittery, and more than a little tongue-tied, he forgot all about challenging the citation on the technical ground he heard about on the previous evening's news; instead he pleaded mitigating circumstances, admitted driving "a little over the speed limit" and was quickly dispatched with a $69 fine after Hayashi knocked 5 mph off his recorded speeding ticket.

"I thought the judge would help me out a little more," Baysa said later, as he waited to pay his fine. "I thought she'd tell me a little more about what to say."

Baysa was one of just two people who bothered to show up in court yesterday to contest their speeding citations on a day when attorneys, legislators and state wondered how to save the troubled and unpopular traffic camera system.

On Tuesday, Transportation Director Brian Minaai ordered all the speed van cams off the road, officially suspending the issuance of new tickets until the flaw noticed by the courts is fixed.

Officials admitted that thousands of citations issued in the 7-week-old program lacked a required statement about the certification of the program's laser operators and the signature of the operator. Yesterday, Department of Transportation and state judiciary officials bickered over who was to blame.

Despite word being out in the legal community for several weeks about the apparent flaw, Minaai said DOT officials were surprised by the court ruling, because the "format of the existing citations were submitted to and approved by the court before this program was launched."

Judiciary spokesman Marsha Kitagawa, however, said the form was reviewed only for administrative purposes needed for the court to process the citations.

That position surprised Minaai.

"We went through numerous iterations of revising the form, and they never told us that all they were reviewing was mainly the form and not the substance."

Minaai said DOT submitted a new citation form for review yesterday and had not received a response from the judiciary by early evening. He said the traffic cameras will not be back in use until a ruling is made.

At the Legislature, the lawmakers continued to argue over the fate of the three-year trial program aimed originally at reducing traffic accidents and injuries.

Sen. Colleen Hanabusa, D-21st (Kalaeloa, Makaha), said it was time to scrap the program.

"I think the public is probably getting to the point where they are asking: Why is it so important to continue to keep this flawed system going," she said.

House Transportation Committee Chairman Joe Souki, D-8th (Waiehu, Ma'alaea, Napili), still supported for the program.

"I don't know if it will help any if we just throw it out and wait another six months and bring it back," he said. "It's already in, let's just improve what we have."

The legitimacy of thousands of tickets already issued remained in doubt yesterday. Because Tuesday's court rulings did not invalidate all tickets, those who received a citation still are required to make a written statement or appear in court on the hearing date if they wish to contest them, attorneys said.

Yesterday, the other person besides Baysa who showed up to contest a citation admitted driving his girlfriend's car at the time she was accused of speeding and was told that a new citation, without the technical flaw, would be issued in his name.

The rest of those with scheduled hearings received default judgments, meaning they were found guilty and will have to pay an increased fine or risk not having their driver's license renewed. Those who paid their fine by mail were deemed guilty and have no further legal right to seek a refund, attorneys said.

On Tuesday, 85 cases contested were dismissed without the possibility of being reinstated, and 80 more were dismissed with plans to be reissued. The courts also handed down 66 default judgments, and 31 fines accepted, according to court records.

That situation left at least one defense attorney fuming.

"The way they are handling this is just screwing people who are too poor or too ignorant to come to court," said Earle Partington, a former president of the Hawai'i Association of Criminal Defense Lawyers. "If you can't afford a lawyer or don't understand what you see on the news, you can't get justice."

Partington said the courts should throw out all the flawed tickets.

"The courts have the power to do that, and that's just what they should have done. Instead, they're more worried about making money from the fines," Partington said.

After hearing Partington talk to reporters out of court yesterday, Baysa tried to re-enter the court and change his plea. "They told me since I already admitted speeding, it was too late," he said.

Baysa, who had never had a speeding ticket in 12 years of driving, said he supports the camera program if it targets racers and other excessive speeding.

"A bunch of other people got off, and I didn't," he said. "But the judge was only doing her job."

The Associated Press contributed to this report.

Reach Mike Leidemann at 525-5460 or mleidemann@honoluluadvertiser.com.