Posted: 4:15 p.m. Monday, Jan. 9, 2012
LAS CRUCES, N.M. —
Las Cruces City Council was given the first of four New Mexico State University studies Monday on the car crash rates at intersections with red light cameras, but a professor told KFOX14 that he feels the ticketing process is unconstitutional.
NMSU Professor Cristobal Rodriguez is in an ongoing legal battle with the city over the cameras.
Rodriguez said that the city doesn't consider due process when it comes to the cameras because it holds the owner of the car responsible for the ticket no matter who was actually driving.
Rodriguez was sent a ticket in August 2010 when someone in his car drove past Main Street and Solano Drive where there used to be an active camera.
The problem, Rodriguez said, is that it could have been a number of people actually driving that day, but he's the one stuck with the $100 bill.
"Everybody has the right to defend themselves," Rodriguez said. "In this case, yes, I'm the registered vehicle owner, to a vehicle that is primarily not used by me, but the question becomes who is driving and what defense do I have in that process?"
Rodriguez is awaiting a third judicial court judge's ruling on the lawsuit.
Albuquerque has already taken down its red light cameras because the Department of Transportation said it was not convinced that they made the streets safer.