Judge sets up new hurdle for traffic camera tickets

By Mike Leidemann
Advertiser Transportation Writer

Another day, another legal challenge to the state's traffic cameras.

Even as officials prepared to reload the cameras tonight, District Judge Russel Nagata set up a new hurdle, dismissing citations for drivers accused of going less than 10 mph over the legal limit.

Nagata said his use of judicial discretion followed long-standing practice in which police officers usually give drivers a 9-mph leeway before ticketing.

"There are many reasons for that," Nagata said. "Safety, calibration, custom and practice. The new law hasn't changed the process."

Although state officials have never announced a speeding threshold for camera tickets, court records show the citations are issued when the vehicle is clocked at 6 mph or more over the limit.

Nagata's ruling is not binding on other judges who will hear thousands of citations in coming weeks.

Transportation Director Brian Minaai last night said the camera vans would be back in operation by 10 tonight following a four-day hiatus to fix flaws in the citation form.

He said it was too early to determine the effect of Nagata's ruling, but added, "If somebody is doing 9 miles per hour over the limit in a school zone, that certainly may be an unsafe situation."

Another loophole in the camera program appeared closed yesterday.

Minaai said a new citation form including previously missing certification language will be used starting tonight. The form has been reviewed by the judiciary, the attorney general's office and the prosecuting attorney's office.

"For now, we think we've covered all the bases, but you never know what the defense attorneys will think of next," Minaai said.