On December 4, a Clay County courtroom will become the latest battleground in the fight over red light cameras. Tyler Wright, a recent recipient of a red light citation, has chosen a full trial by judge over the constitutionality of the red light camera infractions.
Wright is being represented by Attorney Luis A. Montiel, who is taking on the case pro bono. The case was supposed to be heard by a judge on November 1. However, despite proper advance notice from the defense, no judge presided over the red-light violation hearings that day.
Instead, local attorney Geraldine Hartin presided over the hearings as the "hearing officer." Red Light camera hearings are all lumped together in a court session, and on November 1st, six cases were on the court docket.
Wright’s case was set to be heard early in the session, but his lawyer offered to allow the cases behind them to be heard first so the other defendants would not have to wait for Wright’s trial to complete.
Besides Wright, no defendants protesting the red light tickets had legal counsel. All of the defenses were mounted by the people who received the tickets. Their defenses varied. Some argued that stopping at the light would have been less safe than running it, pleaded with the court that single fathers shouldn’t have to pay tickets, and one went as far as to pass the blame to her brother, who she claimed was the driver at the time of the alleged infraction.
Officers from the Orange Park and Green Cove Spring police departments defended the tickets. Each defendant who chose to contest the tickets was confronted with video evidence of the infractions. However, the officers struggled with the technology used to display the video and, at one point, showed an incorrect video of a car that did not belong to the defendant on trial.
Once the other cases were finished, it was time for the main event, and Tyler Wright’s attorney presented the court with a long document outlining their legal challenge to the red light camera ticket.
Hartin appeared surprised by the robust defense and unclear if she, a court officer, could preside over a constitutional challenge. After several minutes of research and phone calls, Hartin determined that if all parties agreed, she could preside over the trial.
While Wright and his attorney agreed, the officer representing the Green Cove Springs Police Department did not agree to the case proceeding without a judge.
Since this hearing, the case has been rescheduled for December 4th at 2:30 p.m., when Judge Ray Forbess will hear it.
Not all heroes wear capes.
Someone recently pointed out that the red light camera company is donating to town of op councils campaigns.