Making waves in your neighborhood
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Red light tickets have resident crying foul
September 05, 2008
Reporter
ENCINITAS — John LaPlante was surprised when he received a ticket in the mail for running a red light turning southbound from El Camino Real onto Encinitas Boulevard on March 13. Supposedly, he was caught by one of the city’s two red light cameras.

The 20-year Encinitas resident said he started doing research to fight the moving violation. Calling the red-light cameras a “scam,” LaPlante said he discovered a system that sets drivers up to fail. The left turn light he supposedly ran is only green for three seconds, the shortest time allowed by Caltrans, the state department responsible for setting parameters on time limits.

“I also found that the light going straight through on El Camino is 4.3 seconds long,” he said. “If you’re used to going straight you are caught off guard when the left lane light turns so quickly.”

But the lynchpin of his appeal came when he discovered improper signage that alerts drivers to the presence of red light cameras. Local attorney Elizabeth Aronson said the state statute requires signage to be posted either at every entry point of the city or at the cameras themselves.

LaPlante said he took a drive around the city and discovered two missing signs. Traffic Engineer Rob Bough said that the city maintains 23 signs at the entry points. He confirmed that two signs were reported missing July 28 — one at Birmingham and the I-5 westbound off ramp and another at North Coast Highway 101 just north of Solana Beach.

“We want people to know we have cameras in our city and not to run red lights,” Blough said. City Council voted to install numerous signs at entry points to the city rather than at the cameras when the first one was erected in May 2004 at El Camino Real and Encinitas Boulevard. The second camera is at the intersection of El Camino Real and Olivenhain Road.

“If any of the signs are down then they are all invalid,” Aronson said. Indeed, when LaPlante took his photographic evidence to traffic court for a second hearing, the commissioner dismissed the case Aug. 1. Blough said the signs were replaced July 30.

Despite the dismissal, LaPlante said he is unhappy with the process of ticketing at red light cameras because he views it as a fundraiser for the city.

“Everybody stands to make money on this,” he said.

According to Aronson, the fines associated with the ticket, including traffic school and administrative fees, can cost a driver $500 regardless of the scale of the offense.

“Every other court except Vista allows an officer to amend the citation to take into consideration the egregious nature of the violation,” she said.

While LaPlante said he was ticketed for running the red light within milliseconds of the turn from yellow, another driver coming into the intersection several seconds late, with a higher probability of causing an accident, would receive the same citation and fine.

Aronson cautioned those who pleaded guilty to moving violations caught by red light cameras not to assume their tickets would be dismissed because signs were missing. “The citizen must object at the time of trial according to the statute,” she said.
Contact Reporter Wehtahnah Tucker via e-mail at wtucker@coastnewsgroup.com.