In May, a district court judge threw out a traffic citation after he found that a Las Cruces man who received a red light camera ticket was denied due process of law. In the case, the registered owner of a vehicle appealed a citation issued to him for failing to stop at a red light despite that he was allegedly not driving his vehicle on the day in question. After the ticket was upheld in an administrative hearing, the man appealed the decision to the district court. In a 31-page decision, Judge Manuel Arrieta stated the City of Las Cruces committed a number of errors at the hearing and held that the ticket should be tossed out because the vehicle owner was denied the right to cross-examine a key witness. Despite that a technician who calibrated the red light camera was unavailable for cross-examination, the City apparently introduced evidence that the camera was accurate and calibrated. According to the district court judge, evidence that the man’s car was in the intersection did not sufficiently prove he committed a traffic violation.
In response to the district court judge’s ruling, the City of Las Cruces has filed an appeal with the New Mexico Court of Appeals. Las Cruces City Attorney Harry “Pete” Connelly said current legal precedent in New Mexico supports the use of red light cameras such as those at issue. The appellate court has not yet stated whether or not it will hear the case or let Judge Arrieta’s decision stand. Such a decision may take several months.
Unfortunately, many drivers and passengers are catastrophically hurt or killed in New Mexico traffic intersections each year. Tragic car accidents may be caused by many factors including an intoxicated, impaired, inattentive, or reckless motorist. Collisions can also result from hazardous road conditions and motor vehicle defects. Individuals who are injured by a negligent driver in New Mexico may be entitled to receive financial compensation for their medical expenses, lost wages and benefits, pain and suffering, and any temporary or permanent disability that resulted from the accident. Certain close relatives of those killed in an automobile crash may also be eligible to recover for their loved one’s funeral expenses and other damages. Contact an experienced personal injury attorney to discuss your options for recovery in more detail.
If you were injured or a loved one was killed in a New Mexico traffic wreck, please contact the Fine Law Firm today. Our caring Albuquerque personal injury lawyers have more than 100 years of combined experience representing car crash victims throughout the State of New Mexico. At the Fine Law Firm, our hardworking attorneys are available to help you collect the damages you deserve following a car, truck, motorcycle, bicycle, or other injury accident. To schedule a free, confidential case evaluation with a capable advocate, do not hesitate to contact the knowledgeable lawyers at the Fine Law Firm through our website. You may also give us a call at (505) 889-3463.
More Blog Posts:
Man Arrested for DWI Following Albuquerque Injury Accident, New Mexico Personal Injury Lawyer Blog, May 29, 2013
Safety Advocates Push for Federal Law Aimed at Reducing Severity of Truck Crashes in New Mexico, Nationwide, New Mexico Personal Injury Lawyer Blog, May 21, 2013
Las Cruces man wins red light camera ticket appeal, by Vanessa de la Viña, kvia.com
City appeal filed to red-light camera ruling in District Court, by Steve Ramirez, Las Cruces Sun-News
Photo credit: caramdesig, Stock.xchng