UPDATE:
click here to download 28 page .pdf (4mb)
this is charles l. patin jr. with the kean miller law firm. they represent redflex. mr. patin and kean miller earn their thirty pieces of silver by representing foreign interests against the interests of louisiana citizens and are seeking to weaken louisiana laws and our state constitution. mr. patin and kean miller ought to get honest, respectable jobs.
"despite...the fact that redflex qualifies as a 'person' under la. rev. stat. 37:3503(6) because it is a corporation, redflex then asserts that the boards jurisdiction does not extend over it because its operations involve 'automated equipment' which does not include the interaction of a person to detect and videotape speeders and red light runners.then, mr. young shows how in the contract between lafayette consolidated government and redflex it states:
[...]
in the alternative, redflex asserts its own employees are exempt from the jurisdiction of the board pursuant to the contractual agreement [click here to download 31 page .pdf 7.4mb] redflex has with lcg [lafayette consolidate government]. redflex asserts that its own employees are not its employees under the specific auspices of its contract with the lgc. instead, redflex asserts that because lcg's "degree of control" over redflex's activities is so pervasive, the contract is somehow transformed from a service contract to an employment contract. and as a result individuals who would otherwise be employed by redflex mutate into lcg employees."
"9.2 relationship between redflex and lcg. nothing in this agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. redflex is and shall be an independent contractor of lcg and nothing contained in this agreement will create the relationship of principal and agent or otherwise permit either party to incur any debts or liabilities or obligations on behalf of the other party (except as specifically provided herein)."mr. young continues: "so while redflex asserts its employees are now employed by lcg, the agreement suggests something completely different"
Louisiana state law does not allow the use of cameras to issue traffic tickets, so the ticketing process was altered. The violator will receive a civil ticket instead of a traffic ticket, which means lower fines for violators.the bit about "there are no laws in place to enforce the payment of civil tickets" doesnt appear to be entirely accurate. an lsu law school graduate tells us because you can always file a civil suit to get a judgment. although using the taxpayers money associated with the cost to file and litigate a civil suit to recover a $75.00 fine doesnt make economic sense or most importantly to the politicians -- political sense.
"It will be less than a regular ticket," said Ingolf Partenheimer, chief traffic director of Baton Rouge Public Works. "The ticket will be in the $75 range. The intent is to make people aware and stop people from running the lights."
But because there are no laws in place to enforce the payment of civil tickets in Louisiana, such as warrants, suspension of license or even due process, violators will not be forced to pay.
"We are hoping legislation in the future will be able to force people to pay," said Art Boudreaux, Baton Rouge city prosecutor. "It's all uncharted waters for us."
In Houston - where traffic laws resemble those of Baton Rouge - traffic cameras were implemented over six months ago, but residents are not paying their fines. Houston traffic lawyer Scott Markowitz and colleagues are challenging the constitutionality of the cameras, and the city, is losing anticipated revenue. Markowitz said he thinks the cameras are money making tools for the city and the city council's interest is in new revenue, not accident reports.
"There was very little outcry [by Houston residents]," Markowitz said. "People were not paying them. They can't issue a warrant. If you don't pay, nothing happens. Behavior patterns are not changing. It's a money grab. The city council isn't asking about accident reports. They want to know why violators aren't paying their fines."
