Houston Coalition Against Red Light Cameras

Here is what happened at the administrative adjudication hearing I attended on Monday (June 8, 2009) with my friend Mr. Ulimwengu Manzi.  We arrived at the Jersey Village Municipal Court a half hour early for our 9:00 AM appointment.  There were already five people signed in ahead of us and more people, apparently also scheduled for the same time kept arriving and signing in so that there were 20 to 30 people waiting behind us.  Hearings began at about 8:45 and when our turn came we were escorted into the hearing office by an unidentified uniformed Jersey Village police officer.  My presence was questioned and I stated that I was not an attorney but I was there as a friend of Mr. Manzi and that he may need my assistance because of his strong Tanzanian accent.  I was allowed to take a seat next to Mr. Manzi.  I was instructed by the hearing officer, a white haired gentleman dressed in a shirt and tie, that I had no standing at this hearing and I would not be allowed to speak.  I was also informed that my tape recorder would not be permitted to record the proceedings.

The hearing officer who did not identify himself asked for Mr. Manzi’s citation and proceeded to bring the online photographic evidence onto the computer screen that was visible to both Mr. Manzi and myself.  He brought up the two still photos, pointed out the license plate enlargement and ran the short video that showed Mr. Manzi’s  violation.  He asked Mr. Manzi if he understood that the evidence proved that he violated the red light.  Mr. Manzi had difficulty replying and I prompted him to read the statement I had prepared for him.  The hearing officer asked to see this statement and read it without waiting to hear it read by Mr. Manzi.  Here is that statement:

The photographic evidence of my violation shows that I violated the red light by slightly more than 1 second.

This was not intentional.  My guess as to when the light would change from yellow to red was wrong.  I realize my mistake and will in the future approach traffic lights at a speed much lower than the speed limit allows, and I will be prepared to make a safe stop after seeing a green light turn yellow.

I have not received a traffic ticket in over four years.

Since I have been laid off after five years working as a computer assembler for Hewlett-Packard and am currently unemployed I request that my penalty be reduced to a warning.

The hearing officer remarked that almost all traffic violations are unintentional.  He asked Mr. Manzi  if he understood that the yellow light preceding the red was timed as required by the State of Texas and that he had sufficient notice that the light would change to red.  At that moment I respectfully spoke up saying the this was not correct.  The yellow change interval indicated by the photographic evidence was not in accordance with the required minimum.  It was too short by 6% (4.05 seconds verses  4.31).  The hearing officer asked if I was an engineer.  I replied no, but I knew what the required formula was and I knew how to make the required calculation.  At that moment I was cut off from making any further remarks and was ordered out of the hearing office.  I was promptly ushered out the office door by the attending police officer.

Mr. Manzi  came out a few minutes later and we quietly left the building.  Mr. Manzi was informed that his citation was dismissed and he would receive a written notice to that affect by mail from Arizona.  No reason for the dismissal was given but the only apparent grounds for it was the incorrect yellow change interval.

A point that needs to be made is:

If any municipality is intent on the strict enforcement of red traffic lights it should be equally vigorous in assuring that the traffic light yellow change interval conforms to the state requirement.

The following notice was received by Mr. Manzi three days after his hearing.  Note:

1. It came from Phoenix, AZ .   American Traffic Solutions, Inc. is located in Scottsdale, a suburb of Phoenix.  ATS is the red light camera contractor for Jersey Village. 
2. No reason is given for the determination.
3. The hearing officer is not identified.

H. F. Van Der Grinten

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