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Red Light Camera Case Weaves Through Courts

Posted on: Friday, 13 January 2006, 21:00 CST

By Nick G. Maheras, High Point Enterprise, N.C.

Jan. 13--HIGH POINT -- Depending on the decision of the N.C. Court of Appeals, the city of High Point's red light camera case could be headed to the N.C. Supreme Court.

The future of High Point's red light camera program also hangs in the balance. It was ended on March 1, and city officials have said it would not be restarted if its appeal ultimately fails.

In Raleigh on Wednesday, the three-judge appeals court panel listened to arguments from the city's attorney, Burley Mitchell, and attorney Bob King representing Guilford County Schools.

The city appealed a February ruling by Guilford County Superior Court to award 90 percent of proceeds from fines of motorists caught running red lights at 10 city intersections starting in August 2001. The court ruled the city must give some $1.5 million in fine proceeds to the county schools.

Mitchell called the Guilford court's ruling a "perfect lose-lose situation."

"County schools will get this one-time payoff," he said. "Then, it necessitates shutting down the program. The schools will never get another penny. Neither will the city, and the public safety will be jeopardized. That's killing the goose that lays the golden egg."

Mitchell argued the state constitution stipulates that only fines from criminal violations of state law defined by city ordinances should be given to the school system -- not from civil violations.

He cited several N.C. Supreme Court rulings, the latest in 1980, regarding disposition of such fines.

"It's (red light violations) a purely civil matter, therefore, it's not a violation of the state penal laws," Mitchell said.

The appeals court usually hands down an opinion within two to three months after hearing a case, he said.

If the city's not satisfied with that ruling, High Point City Council may decide to appeal it to the N.C. Supreme Court.

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To see more of the High Point Enterprise, or to subscribe to the newspaper, go to http://www.hpe.com.

Copyright (c) 2006, High Point Enterprise, N.C.

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Source: High Point Enterprise

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