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Lawsuit targets Albuquerque's red light cameras and speed vans
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The movement against the city's red light and speed-van camera system is growing.
Attorney Paul Livingston filed a lawsuit Friday on behalf of eight people - including former Albuquerque Police Department Capt. Sonny Leeper - who say they've been wronged by the camera system.
The wide-ranging lawsuit alleges the city doesn't have the jurisdiction to enforce, adjudicate or collect fines for violations of state and city traffic laws.
It also alleges that the city has failed to refund fines paid on cases that were later dismissed.
And it says the administrative hearing process to deal with red light tickets is biased because hearing officers are also enforcement officers.
"I tried to do as broad a complaint as a I could that would encompass all the issues," Livingston said. "I've realized there are some fatal flaws to this whole program."
Kathryn Levy, an assistant city attorney, said the city can't yet comment.
"At this point, we've just got the lawsuit," she said Friday evening.
Among other things, Livingston said the camera program illegally classifies red light violations as a nuisance, putting it in a league with noise and code violations.
"There just is no basis to call it a public nuisance for a vehicle that violates the traffic code," Livingston said.
City Councilor Brad Winter on Monday plans to ask the council to suspend the program until it can more closely examine it. A task force is reviewing the system, which has about 20 cameras at intersections around the city.
Mayor Martin Chavez, who is seeking the Democratic nomination for Senate, said he wants to see what the task force says about the program.
Livingston said he's handled about 20 cases of people who've been ticketed by the cameras, which have raised ire. He's hoping a judge will certify the lawsuit as a class action lawsuit.
"It's kind of overdue that someone puts up this legal challenge," Livingston said.
Leeper said Friday he has been fighting a violation notice he received in June for driving 42 mph in what the violations claimed was a 30 mph zone. Leeper says the zone is really 40 mph.
The city allows a grace zone of about 5 mph.
"I took pictures and went in and showed them everything, that I was going 42 in a 40," Leeper said. "The hearing officer told me `Well, technically you were still speeding' and didn't dismiss it."
Leeper said he has been treated rudely throughout the process. He wants his citation dismissed.
"It's not about getting money; it's about fixing the system," he said. "Someone needs to use common sense here."
Another class action lawsuit against the city over the program is pending.
Tribune reporter Maggie Shepard contributed to this report.

