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2000 Nebraska Attorney General Reports and Opinions 1 (2000)

handle is hein.sag/sagne0030 and id is 1 raw text is: Attorney General - Opinion Archives Page 1 of 8 Constitutionality of Proposed Legislation Authorizing the Prosecution of Traffic Light Signal Violations Based on Intersection Cameras (January 03, 2000) DATE: January 3, 2000 SUBJECT: Constitutionality of Proposed Legislation Authorizing the Prosecution of Traffic Light Signal Violations Based on Intersection Cameras REQUESTED BY: Senator Pat Engel Nebraska State Legislature WRITTEN BY: Don Stenberg, Attorney General Thomas J. Olsen, Assistant Attorney General You have requested an opinion from this office regarding the constitutionality of proposed legislation which would enable prosecutorial officials to use photographs taken by intersection cameras to establish civil liability in their cases against violators of red light ordinances. Your correspondence indicates that when similar legislation was discussed in the past, questions arose concerning its constitutionality. Specifically, you inquire as to whether this legislation could successfully withstand constitutional challenges based on equal protection, due process, or other constitutional provisions. Our response to your inquiry is set forth below. PROPOSED LEGISLATION The proposed legislation would authorize cities to install cameras at intersections to detect red light violators. Several other states, including Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New York and Virginia, have enacted similar laws which authorize the use of photo monitoring systems to enforce traffic light signals. Although many of these laws have been in effect for several years, our research has disclosed no case law challenging the constitutionality of the use of photo monitoring systems to enforce traffic infractions. Moreover, our research disclosed no cases, Attorney General opinions, or law review articles dealing with the subject matter of photo monitoring devices. As a result, our response to your inquiry will be based upon the general constitutional principles of equal protection and due process, and their applicability to the proposed legislation.

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