Las Cruces driver's red-light challenge upheldBy Steve Ramirez / sramirez@lcsun-news.comPOSTED: 05/08/2013 05:42:26 PM MDTClick photo to enlargeCristobal RodriguezLAS CRUCES —A successful legal challenge to a controversial Las Cruces ordinance that governs red-light cameras has been upheld by state District Judge Manuel Arrieta of Las Cruces.In the challenge, filed by Las Crucen Cristobal Rodriguez, Arrieta issued a 31-page decision May 2 saying, among other things, Rodriguez's rights to due process were denied; the city and a hearing officer who found that Rodriguez's vehicle was apparently guilty of speeding through a red-light enforcement camera in 2009 acted outside their scopes of authority; and the city had no authority to alter or enact rules of evidence for its administrative hearings.The city will challenge Arrieta's decision after determining which court their appeal will be made, officials said."The city plans to proceed to the (New Mexico) Court of Appeals or to another court for reversal of the judge's opinion," city attorney Harry "Pete" Connelly said. "The city may seek a writ with the state Supreme Court."In Arrieta's decision, the judge wrote: "It is hereby ordered that the action of the city was otherwise, not in accordance with law and therefore the decision of the hearing officer in finding a violation is reversed," Arrieta's written opinion said. The city must refund the $100 fine Rodriguez paid, and the violation must be removed from his records.Rodriguez, an assistant professor in NMSU's College of Education, did not immediately return calls at his home or his office seeking comment on Arrieta's ruling.But Anthony Avallone, a trustee for the Due Process Foundation, a Las Cruces grassroots organization that is challenging the constitutionality of the city's Safe Traffic Operations Program (STOP) ordinance, is pleased with Arrieta's decision. Avallone, a retired attorney, said the ruling could help efforts to ultimately get the ordinance struck down."Judge Arrieta did a good job," Avallone said. "He (Rodriguez) took all of the arguments we've been making about the ordinance and presented them to Arrieta — and he accepted them. ...We want the courts to declare the ordinance unconstitutional."Las Crucen Diane Brock, said she considered Arrieta's decision a victory for city motorists."There's been too many arguments about the benefits of those cameras that have been way too argumentative," said Brock, of the enforcement cameras. "I keep seeing more of these news reports on TV talking about the unconstitutionality of these cameras, and it's got me wondering more and more if they're not right and these cameras should just be turned off. I think the city needs to take a long look at whether they want to keep these cameras around much more. Good for Mr. Rodriguez, I'm glad he was able to prove his point."Steve Ramirez can be reached at 575-541-5452. Follow him on Twitter
@SteveRamirez6Red light— State District Judge Manuel Arrieta has ruled that as a result of the effects of multiple errors, Cristobal Rodriguez — who appealed a hearing officer's ruling that he allegedly violated the city of Las Cruces' Safe Traffic Operations Program (STOP) ordinance — was denied due process.— Arrieta's ruling also said the city acted outside its scope of authority; the city had no authority to alter or to enact the Rules of Evidence for its administrative hearings; and the hearing officer acted outside of his authority.— As a result, Rodriguez's conviction of the STOP ordinance is reversed, and the city is required to refund the $100 fine Rodriguez paid.— City attorneys intend to appeal Arrieta's ruling, either to the state Court of Appeals or possibly to the New Mexico Supreme Court.— The city has until June 2 to file its appeal with the appropriate court. 4951