Camera Tickets: Legal In New Orleans?

New Orleans' traffic camera program has been mired in controversy since its inception, with a history of unlawfully ticketing drivers and violating their rights. The program, which uses cameras to monitor and enforce traffic laws, has been criticized for prioritizing revenue generation over public safety. A federal judge ruled that the city may need to refund millions of dollars to motorists who were fined during the early, illegal years of the program, with the city's refusal to pay deemed an unconstitutional taking of property. The effectiveness of these cameras in improving road safety has been questioned, and the program has been scrutinized for its lack of oversight and clear leadership, resulting in tens of thousands of illegal tickets being issued.

Red light camera tickets

A review by the New Orleans Office of Inspector General found that the city's Traffic Camera Safety Program broke both city ordinance and state law, with a lack of coherent oversight. The report highlighted several issues, including improper tickets in school zones and a lack of transparency around decision-making. For example, the city reduced the speed threshold for issuing tickets in school zones from 6 mph to 4 mph without informing drivers.

The city's handling of overpayments has also been criticised. In some cases, drivers were issued tickets for school zone violations when school was not in session, and the city failed to proactively refund these overpayments. This led to a federal lawsuit, with a judge ruling that New Orleans might need to refund millions of dollars to motorists who paid illegal traffic camera fines from 2008 to 2010.

Contesting a red light camera ticket in New Orleans is not easy. Drivers must provide evidence that they were not behind the wheel, that they were not speeding, that the traffic lights were malfunctioning, that there was no fair warning of the cameras, or that they ran the red light to avoid a collision. While fighting a ticket in court may have decent odds of success, most drivers believe it is not worth it unless they owe a significant amount in unpaid tickets.

To contest a red light camera ticket, individuals can request a hearing in person or by mail, or fight the ticket in court with the help of an experienced lawyer. The process can be complex, and it is important to follow the instructions provided on the ticket or by the relevant authorities.

Speeding camera tickets

The program, which began in 2008, is operated by American Traffic Solutions (ATS), a private company that is compensated based on the number of citations issued. This has led to concerns that ATS has a financial incentive to issue as many tickets as possible, regardless of whether they are justified. In 2017, the company took in at least $6.8 million from the program.

The lack of oversight and clear leadership of the program has resulted in several issues, including illegitimate tickets being issued in school zones and changes to speed limits without proper notification to drivers. There have also been instances of tickets being issued after the statutory time limit, in violation of city ordinances.

The fines for speed violations in New Orleans are tiered based on how many miles per hour the driver is traveling over the posted speed limit. Fines range from $45 to $235, with an additional $30 administrative fee and potential late payment penalties of $75 if the civil penalty and administrative fee are not paid on time.

If you receive a speeding camera ticket in New Orleans, you have the option to contest the citation. The Notice of Violation will include instructions on how to request a hearing, which can be done in person, by mail, or in court. However, it is important to note that fighting a speeding camera ticket in court may not be worth the effort unless you owe a significant amount in unpaid tickets.

Contesting camera tickets

Review the Ticket:

Carefully review the ticket for any inaccuracies or errors. Check that all the information is correct, including the date, time, location, vehicle details, and alleged violation. Any mistakes or misspellings on the ticket may work in your favour.

Know the Speed Limit:

Familiarise yourself with the speed limit of the road in question. If the speed limit signs were not clearly visible or were inadequate in any way, make a note of this as it may help your case.

Gather Evidence:

Collect any evidence that can support your claim. This could include photographs, videos, or witness statements that contradict the details on the ticket. For example, if you were accused of speeding in a school zone during school hours, but you have evidence that schools were closed that day, this could strengthen your case.

Research the Radar Device:

Learn about the radar device or camera system used to capture the alleged violation. Find out if it was properly calibrated, maintained, and used correctly. If there are any discrepancies or issues with the device, this could be grounds for contesting the ticket.

Consult a Traffic Attorney:

Consider seeking legal advice from a traffic ticket attorney, especially one with experience in contesting camera tickets. They can guide you through the legal process and improve your chances of a successful outcome. They may also be able to identify loopholes or technicalities that you can use to your advantage.

Request a Hearing:

To contest the ticket, you will typically need to request a court hearing. Follow the instructions on the ticket or contact the relevant authority to initiate this process.

Prepare for Your Court Appearance:

When appearing in court, it is important to dress professionally and respectfully. Arrive early at the courthouse and have all your evidence, the ticket, and any other relevant documents organised and readily available. Practice presenting your case to ensure you come across as clear and confident during the hearing.

Remain Respectful:

Always maintain a respectful attitude when dealing with court personnel, police officers, and the judge. This can improve your chances of a sympathetic hearing and a positive outcome.

Understand the Burden of Proof:

In New Orleans, as in many jurisdictions, the burden of proof typically lies with the prosecution. They must prove your guilt beyond a reasonable doubt. Use this to your advantage by questioning the evidence and challenging its accuracy and reliability.

By following these steps, you can effectively contest a camera ticket in New Orleans and potentially achieve a favourable outcome. Remember that each case is unique, and it is always advisable to seek legal advice for more specific guidance.

Refunds for camera tickets

The City of New Orleans' traffic camera program has been found to be in violation of both city ordinance and state law, with a lack of coherent oversight. This has resulted in a federal judge ruling that the city may need to refund millions of dollars to motorists who paid traffic camera fines during the early, illegal years of the program.

The program, which was launched in 2008, was initially administered by the city's Public Works Department. However, a court injunction forced the city to place the program under the Police Department, as it was deemed that law enforcement officers should review footage of alleged traffic violations and issue any necessary tickets. This move occurred in late 2010, and it was determined that any tickets issued before this date were unlawful, with motorists being owed a refund.

The amount owed by the city has been calculated to be approximately $25.6 million, plus several million more in interest. This has created a political dilemma for the city, as the funds were collected under a previous administration. The city has indicated that it will likely appeal the ruling, and it is common for New Orleans to stall on paying judgments when it loses a lawsuit. However, this case is unique as the city is facing thousands of plaintiffs, many of whom are also voters.

Motorists who are owed a refund can expect a payment of approximately $110 per paid ticket. However, it is important to note that the process of obtaining refunds may take some time.

To request a refund, individuals can submit a request on the Red Light Refund Form and send the completed form to the specified address. This form is available on the website www.ViolationInfo.com, which also provides information on viewing images and video clips of violations.

Legality of camera tickets

The legality of camera tickets in New Orleans has been a contentious issue for over a decade. The city's Traffic Camera Safety Program, which uses cameras to monitor and cite drivers for red light and speeding violations, has faced significant criticism and legal challenges.

The program, which began in 2008, has been accused of prioritizing revenue generation over public safety. A review by the New Orleans Office of Inspector General found that the city broke both city ordinance and state law, ticketing drivers needlessly with little to no oversight. The report highlighted instances where the city lowered speed limits without notice and issued tickets when schools were out of session, demonstrating a lack of transparency and improper ticketing practices.

The legality of these camera tickets has been called into question, with federal authorities concluding that the city's refusal to repay drivers for invalid tickets is considered an illegal "taking" of property under the U.S. Constitution. A federal judge has ruled that New Orleans may need to refund millions of dollars to motorists who paid these fines during the early years of the program.

The city's contract with American Traffic Solutions (ATS), the company operating the cameras, has also come under scrutiny. ATS's compensation is directly tied to the number of citations issued, creating a clear incentive to maximize tickets. This has resulted in a growing distrust of the program's motives, with residents questioning whether the cameras are truly there for their protection.

While the city has faced legal challenges and calls for reform, the Traffic Camera Safety Program remains in place. Residents who receive camera tickets have the option to contest them, but it is not an easy process. Proving that a traffic violation did not occur or that the cameras were improperly used can be challenging, and many residents feel that fighting these tickets is not worth the effort.

In summary, the legality of camera tickets in New Orleans is a complex and ongoing issue. The city's Traffic Camera Safety Program has been marred by accusations of improper ticketing, lack of oversight, and prioritizing revenue over public safety. Legal challenges have resulted in rulings against the city, but the program continues to operate, leaving residents navigating a confusing and often frustrating system.

Frequently asked questions