Beach judge rules red-light law constitutional

VIRGINIA BEACH

The city's red-light camera law is constitutional, a General District Court judge has ruled.

And those ticketed for running one can't appeal their fines.

Judge Gene Woolard recently heard a challenge to the law by a woman who was photographed running a red light and fined $50, according to Woolard's July 15 opinion.

A city spokesman provided a copy of the opinion Tuesday.

The judge agreed with city attorneys, who argued that the law should be considered a civil statute, not a criminal one.

Other traffic violations are criminal but a red-light violation isn't considered a conviction, Woolard wrote.

Virginia Beach was the first city in Virginia to install red-light cameras after the General Assembly approved them for use in 2007.

The cameras were first installed in 2004 and then removed because of privacy concerns. They were instated in intersections around the city in March 2009.

Woolard dismissed the argument that the city's Photosafe program is selectively enforced.

"There is no evidence that officers are deliberat ely targeting a certain class of people for stricter enforcement," Woolard wrote. "The camera is a neutral observer and does not discriminate."

People who receive tickets for running red lights cannot appeal their fines, Woolard wrote. The penalty would have to be greater than $50 to allow an appeal.

But people can still appeal the constitutionality of the law to Circuit Court. The woman who brought this challenge chose not to.

The use of red-light cameras is expected to come up in Circuit Court in another case. In March, prosecutor Tom Murphy sought a court order from another General District Court judge for the release of still images from one of the cameras.

Murphy wanted to use the images in a hit-and-run case in the 800 block of S. Military H w y., in which the person charged allegedly ran a red light.

But the prosecutor needed a court order to get the images.

The judge ordered the release and allowed them to be used during a hearing in General District Court.

Jen McCaffery, (757) 222-5119, jen.mccaffery@pilotonline.com