WKRN, Nashville, Tennessee News, Weather, and Sports |Cities seek to dismiss traffic camera challenges
Member Center:
Associated Press - July 28, 2010 11:45 AM ET
CHATTANOOGA, Tenn. (AP) - Court filings on behalf of Chattanooga and Red Bank ask a judge to throw out lawsuits seeking millions of dollars in damages for camera enforcement of traffic offenses.
A motion responding to two $10 million lawsuits in Hamilton County chancery court says a camera infraction that carries a $50 civil penalty has a lower standard of constitutional protection than criminal offenses.
The court filing obtained by the Chattanooga Times Free Press says offenders "are not entitled to a trial by jury, a presumption of innocence or a heightened burden of proof."
Plaintiff attorney Jonathan Guthrie said he will file a response sometime before a Sept. 20 hearing.
Two recent Tennessee Court of Appeals decisions denied similar complaints against Knoxville's traffic cameras.
Information from: Chattanooga Times Free Press, http://www.timesfreepress.com
Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
