MINNESOTA SUPREME COURT STRIKES DOWN RED LIGHT CAMS

THE NEWSPAPER - The Minnesota Supreme Court delivered the highest-level court rebuke to photo enforcement to date with a unanimous decision against the Minneapolis red light camera program. The high court upheld last September's Court of Appeals decision that found the city's program had violated state law.

The supreme court found that Minneapolis had disregarded a state law imposing uniformity of traffic laws across the state. The city's photo ticket program offered the accused fewer due process protections than available to motorists prosecuted for the same offense in the conventional way after having been pulled over by a policeman. The court argued that Minneapolis had, in effect, created a new type of crime: "owner liability for red-light violations where the owner neither
required nor knowingly permitted the violation."

"We emphasized in Duffy that a driver must be able to travel throughout the state without the risk of violating an ordinance with which he is not familiar," the court wrote. . .

The court also struck down the "rebutable presumption" doctrine that lies at the heart of every civil photo enforcement ordinance across the country.

"The problem with the presumption that the owner was the driver is that it eliminates the presumption of innocence and shifts the burden of proof from that required by the rules of criminal procedure," the court concluded. "Therefore the ordinance provides less procedural protection to a person charged with an ordinance violation than is provided to a person charged with a violation of the Act. Accordingly, the ordinance conflicts with the Act and is invalid."

RULING
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