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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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