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Thursday, February 21, 2002



State speeding
on camera van
modifications

The traffic system is on hold
until the changes are made


By Nelson Daranciang
ndaranciang@starbulletin.com

The state rushed yesterday to fix flaws in speeding citations from its camera van program, which was put on hold after two judges dismissed 85 tickets on Tuesday.

State Department of Transportation officials submitted a revised photo speeding citation form yesterday afternoon for approval by the state Judiciary.

The photo enforcement camera vans will remain off the roads until the revised citation is approved, said state DOT Director Brian Minaai. He said he hopes to get the approval as early as today and that the 7-week-old program would restart immediately afterward.

Two Honolulu District Court judges dismissed 85 photo enforcement citations on Tuesday -- the first day that the tickets could be challenged in court -- because the citations did not indicate whether the laser camera operators were certified.

The new form submitted yesterday includes information that the traffic camera operator is certified to use the equipment.

Affiliated Computer Services, the company that operates the photo enforcement vans and issues the speeding citations, submitted affidavits yesterday for the citations already submitted to the court. The affidavits certify the laser camera operators.

But because neither of the two people who went to traffic court yesterday used the flawed-citation argument to challenge their speeding tickets, the presiding judge did not have to rule whether the affidavits "fix" the citations.

"We're hoping the affidavits will be accepted and will satisfy any technical flaw that was brought up in the initial court hearings (Tuesday)," Minaai said.

Motorist Rodelio Baysa knew why citations like his were dismissed in court Tuesday, but when he was given the opportunity to state his case in front of District Court Judge Leslie Hayashi yesterday, he did not use the same argument.

"I was nervous, I was jittery. I just didn't know what to say except to admit," said Baysa.

Hayasahi handed down a mitigated judgment against Baysa, reducing the speed of his infraction from 48 mph to 43 mph.

The posted speed limit where he was cited on Likelike Highway is 35 mph.

Attorney Earle Partington, who represented a client in traffic court on Tuesday, complained yesterday that the court was treating defendants unequally.

"This is a classic example of justice for the wealthy. The people who know and who can afford lawyers get their tickets dismissed.

"But those who don't know any better, they pay and their insurance rates go up. This is wrong," he said.


Star-Bulletin reporter Rosemarie Bernardo
contributed to this report



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