Written for the National Association of Professional Women
Springfield, Mo Local Chapter in Legal Corner Monthly Spotlight
By: Heather Rooney McBride and Danielle R. Kerckhoff
Every few months we hear of a new case in Missouri regarding red light cameras. The City of Springfield suspended its red light cameras on March 2, 2010 after the Missouri Supreme Court found that the City violated Missouri state law when a driver was denied the opportunity to be heard in court on his appeal of an administrative decision. City of Springfield v. Belt, 307 S.W.3d 649 (Mo. 2010). The Missouri Supreme Court decided a narrow part of the red light issue in Belt (right to a hearing in court), but it has not determined the overall legality of red light cameras. This has led to uncertainty regarding red light cameras.
Last month, the Missouri Court of Appeals in Kansas City and the Missouri Court of Appeals in St. Louis issued separate decisions regarding red light cameras. Damon v. City of Kansas City, 2013 WL 6170565 (Mo. App. W.D. 2013); Edwards v. City of Ellisville, 2013 WL 5913628 (Mo. App. E.D. 2013). These decisions both included the determination that the ordinances of the City of Kansas City and the City of Ellisville violated Missouri’s statute and were therefore invalid.
Missouri’s statute requires municipalities to report moving violations to the Missouri Director of Revenue so that points may be assessed to the driver’s license. Mo. Rev. Stat. § 304.281 (2013). However, both ordinances in the City of Kansas City and the City of Ellisville treated red light camera tickets as non-moving violations. The Western and the Eastern Courts of Appeal held that the cities’ ordinances (which treat running a red light as a non-moving violation) conflicted with Missouri law (which treats running a red light as a moving violation) and were therefore void and unenforceable.
The red light camera issue is not over yet, however. The City of Ellisville and the City of Kansas City may seek to appeal the recent decisions to the Missouri Supreme Court. In addition, the cases turn on the way that the red light camera ordinances are written. It is possible for both cities to rewrite their ordinances so that they no longer violate Missouri law. The obvious way to amend the law would be for the cities to make a red light ticket a moving violation, and therefore subject to points on the driver’s license. If the cities revise their red light camera laws, or if the Missouri Supreme Court overturns the recent Court of Appeals’ decisions, the red light cameras will return at some point in the future.
If you receive a ticket from a red light camera, there are things you can do to protect your right to contest the ticket in court. First, do not pay the ticket until you have a chance to speak with an attorney. Some courts have held that paying the ticket waives the ability to contest the ticket. Second, speak with an attorney to determine your rights. There are many arguments that have not yet been decided by Missouri courts. For example, cities cannot pass red light camera ordinances simply to raise revenue; the ordinance must relate to the health, safety, or general welfare of the public. An attorney can advise you as to your options for handling the ticket, depending on the specific facts of your situation.
The choice of an attorney is an important decision that should not be taken lightly. Nothing contained in this Article is intended to be nor should it be construed as legal advice and should not be independently relied upon for any purpose whatsoever.