Bondsman files lawsuit over ticket from red light camera

(11/20/06 - KTRK/HOUSTON) (KTRK) -- A Houston bail bondsman is making good on his promise to fight city hall, all because of the red light cameras around town.

Michael Kubosh purposely ran a red light back in September in order to be ticketed and protest. He says the cameras are unconstitutional and on Monday, he filed suit to get them removed.

Since the cameras went online back in September, more than 5,700 drivers have run red lights---84% of those received a $75 citation in the mail. One of the promises of the cameras was that they would prevent accidents, but have they?

Now at 20 intersections across the city, these cameras have captured more than 4,800 red light runners since they went on line back in September.

"This is a money grab scheme," Kubosh asserted.

Kubosh is among those who were ticketed. He ran the light at Elgin and Milam -- on purpose, he says. Kubosh is now contesting the ticket in municipal court. He hopes to one day challenge the constitutionality of the cameras in state court.

Kubosh told Eyewitness News, "I'm concerned also about the fact that the person who is getting the ticket, the owner of the car, is not always the person who ran the light."

But the city defends its use of the red light cameras, citing public safety as the number one priority. So, are they reducing the number of accidents caused by red light runners? Police admit answering yes might be a little premature.

"It's a little too early to be able to determine what the cause and effect results are, with the accident statistics," said HPD Sgt. Michael Muench.

Beyond September, we can't tell you how much the city has collected or how many citations are still unpaid. We pulled the most recent data from the city of Houston's website. During September, 11% of the more than 1,100 tickets issued hadn't been paid. That comes out to $7,400 and change.

That includes Kubosh's $75 fine. He says it's the basis for the lawsuit he plans on filing next week. That's something the city attorney is already aware of.

"I think it's going to pass any due process concerns," said Arturo Michel. "He may have others, but until the lawsuit comes, it's going to be difficult for us to know what that is."

We want to point out the percentage of tickets paid may have been low because violators actually have 45 days to pay their citations.
(Copyright © 2006, KTRK-TV)

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