Mo. Appeals Court Red-Light Camera Ruling Contradicts Creve Coeur Case
CREVE COEUR, Mo. (KMOX) – A Missouri appeals court restricted the use of red light cameras in Ellisville, Missouri, contradicting a ruling handed down in a Creve Coeur case two years ago.
According to the Associated Press, a three-judge panel ruled that Ellisville police cannot issue tickets for people recorded violating red lights. The panel said running a red light is a moving violation for which state law requires points to be assessed against the driver.
The court also said that ticketing a vehicle’s owner for such a moving violation, even when there is no proof the owner was driving, also is in conflict with Missouri statutes.
But in 2011, that same court ruled that Creve Coeur police could send tickets to the vehicle owners, regardless if someone else was at the wheel when the violation occurred.
In that case, Mary Nottebrok challenged Creve Couer’s ordinance after receiving $100 citation because her vehicle ran a red light. The court said municipalities have the right to impose liability on the vehicle owner, and that it wasn’t required to assign points against a violator’s license because the city classified infractions as non-moving violations.
In its ruling Tuesday, the court said its conclusion in the Nottebrok case was “overruled and no longer a good law.”
Wednesday, Creve Coeur Police Chief Glenn Eidman issued this statement: “The City of Creve Coeur has striven to achieve our public safety goals without imposing point violations on drivers,” he continued. “The courts, to date, have supported our program until the recent opinion by the Missouri Court of Appeals.”
“The city is currently reviewing its alternative courses of action in light of this new opinion, which is not yet a final decision.”
Lawyers for Arizona-based American Traffic Solutions, which operates the Ellisville cameras, plan to appeal to the Missouri Supreme Court.
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