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June 11, 2013 > Newark camera tickets may be invalid

Newark camera tickets may be invalid

Submitted By Roger Jones

In Fremont Traffic Court on Wednesday, June 5, a regularly assigned commissioner ruled that the City of Newark had not fully complied with the section of the Vehicle Code which requires that the public be notified of new camera installations.

The Commissioner dismissed a ticket against the defendant who supplied the original notice published in 2006 in the Fremont Argus which mistakenly identified the enforced approaches at Cedar and Mowry. The original public noticed stated that the cameras would enforce violations occurring in the eastbound directions of both Mowry and Cedar Avenues. The problem is that there is no camera enforcement for eastbound Mowry and Cedar Ave. runs north and south. The remaining question is will Newark publish a properly worded Public Notice and reinstate the required 30-day warning period during which no live tickets can be issued. Another remaining question is what about the more than 20,000 motorists who have paid citations in the millions of dollars; citations which the City may not have been authorized to issue.

The actual scanned newspaper article which served as the public notice is available on the Newark Police Dept. website under "Court Discovery Documents." Terri Hernandez, Newark's red light enforcement technician, was quite surprised to learn of the incorrect notice. To see the scanned copy of the original public notice, follow the link shown and go to Page 149 of the file of "Court Discovery Documents."

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