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Health & Fitness

Do you have a refund coming from a Red Light Camera Ticket?

A Fremont Traffic Court Commissioner rules that Newark had not complied with the vehicle code when issuing citations at Mowry & Cedar in Newark.

In order for Newark to be authorized to issue camera tickets the law requires that the public be notified 30 days in advance.  A recent court decision found that Newark had published a flawed public notice which said that red light violations would be photo enforced in the eastbound directions of both Cedar and Mowry.  The problem with the notice is that the eastbound direction of Mowry is not photo enforced and Cedar runs north and south; not east and west.

Over 20,000 citations have been issued since Dec. 2006.  Cities which had, in the past, not complied fully with the requirements of the law have issued refunds to motorists.  South San Francisco issued $3 million in refunds.  Estimates are that motorists have paid in excess of $5 million in fines for violations at these 2 approaches.

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Questions which need answers are:

Has Newark already discontinued issuing citations at that intersection since the judge's ruling that it lacked the authority to do so?

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Will Newark reinstate a new 30-day warning period during which no tickets can be issued?

Will Newark issue refunds to well over 10,000 motorists who fully paid their fines?

The actual public notice printed in the Argus can be found on the Newark Police Dept. website in its section on Red Light Cameras  "Court Discovery Documents."


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