Attorney wants time for discovery in case against Victorville
Posted Dec. 18, 2014 @ 6:46 pm
Updated Dec 18, 2014 at 6:50 PM
An attorney who challenged the validity of Victorville’s red light camera system more than two years ago is seeking additional time to gather evidence about whether camera images are really automatic or human influenced — a non-trivial distinction, he said.
Attorney Bob Conaway argued this point, and others, in a Santa Ana appellate court Wednesday, countered by an attorney representing the city of Victorville.
Conaway wrote a brief earlier this month that suggested it had been premature for a San Bernardino County judge to dismiss a class-action lawsuit in February 2013 before necessary discovery could be completed.
He filed the suit in 2012 alleging that Victorville’s Redflex red light camera system violated due process rights.
A county judge ruled the plaintiffs “lack(ed) standing to maintain the complaint or any cause of action therein.”
Conaway followed by filing an appeal six weeks later, court records show.
According to Conaway, a former 8th Congressional District candidate, Redflex in some instances had edited images out of the data stream, putting an element of human-decision making into what the photo stream showed.
He said that if automation amounted to reliability, then any kind of alteration made that assumption untrue.
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