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Attorney Pat McPherson's ????? Challenge Puts Red Light ?? Camera Enforcement System in Jeopardy

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Aloha, I'm Nick with A-1 Bail Bonds. In this issue of "Jail Mail" we'll discuss:

-How history repeats itself with the failure of Red Light Camera Enforcement systems
-How Attorney Pat McPherson both in 2002 and 2023 has successfully challenged camera enforcement systems
-Why camera enforcement systems predictably fail under legal challenge

* CLICK HERE to view the 2002 case Mr. McPherson challenge

Court Challenge Puts Red Light Camera Enforcement System in Jeopardy

A recent court challenge has delivered a potential blow to Hawaii's red light camera enforcement system. The crux of the matter lies in a judge's decision to throw out a citation on a technicality that could have far-reaching implications for all photo-enforcement citations. The system, which makes the registered owner of the vehicle responsible for the fine regardless of whom may be driving, may now be in jeopardy as the judge's ruling questions the validity of the evidence used to establish ownership. This "Jail Mail" special will explore the case that led to the landmark ruling and its potential impact on the state's photo enforcement program.

The court challenge centered on a red light camera citation issued to a registered owner, whose white sedan was caught narrowly missing a red light at Vineyard and Liliha streets. Attorney Pat McPherson saw an opportunity to challenge the system by questioning various aspects of the citation process and argued that the state failed to establish crucial elements of the case.

The Honorable Jason Burks, who is pictured above in an AI-created image, presided over the case and concurred with McPherson's argument. Judge Burks acknowledged that the state hadn't proven when the citation was mailed and raised a more critical concern. He questioned whether the mere depiction of the license plate was sufficient to establish the driver as the registered owner without corroborating the Vehicle Identification Number (VIN). Since the photo enforcement system doesn't record the VIN for any of the citations, this posed a significant problem for the state.

The court's ruling has brought to light the need for the state to prove ownership more definitively in red light camera citations. As the technology used doesn't capture the VIN, future cases may be challenged based on the same grounds, raising questions about the reliability of the entire system. City prosecutors handling the few court cases related to the red light camera program are now looking into the potential ramifications of this ruling and its impact on the state's photo enforcement system.

The court challenge against a red light camera citation has resulted in a significant setback for Hawaii's photo enforcement program. The judge's ruling raises crucial questions about the system's ability to establish vehicle ownership definitively, potentially rendering a significant number of citations questionable. As the state grapples with the implications of this landmark decision, the future of its red light camera enforcement program remains uncertain. The ruling may prompt further challenges, and it underscores the need for more comprehensive evidence to ensure the program's integrity in the face of legal scrutiny.

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CLICK HERE to view the latest from senior news anchor Stephanie Nagaoka of the A-1 News Network.