CA PI 16429

 


November 20, 2009

Lawyer Says Red-Light Cams Need License

By Carley Gordon

CLARKSVILLE, Tenn. -- A local attorney hopes to wipe out every ticket issued by red-light cameras in Clarksville.

Clarksville attorney Greg Smith said the cameras are wrong, and he is using every legal weapon he can find to fight them.

First, he called the cameras unconstitutional last month. Now, he says the company that operates them may be violating state law.

The Redflex cameras are like little private investigators, according to Smith. According to Tennessee code, private investigators need to have a license.

"Clearly, Redflex is taking the photographs through the cameras to generate evidence so they can back up their citations. That being the case, they've got to have a license in Tennessee," said Smith.

But Smith checked to see if there is a license, and Channel 4 checked as well. It turns out Redflex has no private investigator's license.

"If they're going to want to enforce the law, it's only fair that they follow it," said Smith.

Smith said that's the argument he will make in court.

Redflex caught three of Smith's clients crossing the line after the traffic light turned red.

But since Smith believes Redflex is operating illegally, he is filing a motion to have the pictures taken by those cameras thrown out of court.

"They've addressed the exact same issue recently in both Texas and Louisiana, and both states have found they needed to have a license," said Smith.

The issue is new to Tennessee, and Smith hopes Redflex's fate in the state will lie with this loophole in the law.

"I'm sure they're going to put a whole lot of resources into defending this case because, if they don't, every ticket that they've done may be in jeopardy. They may have to refund all the money in Tennessee," said Smith.

Smith hasn't filed his motion yet, so Redflex has not had a chance to see it, let alone respond. Channel 4 called the company Wednesday to get its reaction, but it has not released a statement.


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