On June 29, 2012, DeNittis Osefchen, P.C.  filed a proposed class action civil rights lawsuit against Cherry Hill Township, in Camden County Superior Court, alleging that the red light camera system maintained by Cherry Hill at the intersection of Springdale Road and Route 70 is unlawful because Cherry Hill failed to comply with the mandatory inspections and certification which the town was required to perform every six months in order to legally operate a red light camera system in New Jersey. Ten days ago, the New Jersey Department of Transportation suspended the authority of Cherry Hill and 19 other municipalities to operate red light camera systems in New Jersey because the towns failed to inspect the systems every six months, and to submit certifications of compliance to NJ DOT every six months, as required by the New Jersey statute which authorized the red light camera pilot program in New Jersey. While Cherry Hill has reported that it is currently conducting such an inspection in order to try to restore its ability to participate in the program, the lawsuit alleges that such action will not make Cherry Hill retroactively eligible to operate a red light camera system for the period from 2009 to the present, when Cherry Hill was allegedly was ineligible to participate due to its failure to conduct the required inspections every six months during that period. Among other things, the lawsuit seeks refunds of the $85 fines which over ten thousand motorists paid to Cherry Hill for violation notices generated by the Cherry Hill red light camera at the Springdale Road-Route 70 intersection during that period.  Commenting on the suit, attorney Stephen DeNittis stated:

 

“This lawsuit does not allege that red light camera systems are unlawful or unconstitutional in and of themselves. Rather, it appears that in this case Cherry Hill and some other towns failed to comply with the requirements mandated by New Jersey law for lawfully operating such a system for a substantial period of time and that thousands of persons were fined by the Cherry Hill camera system during that period. We all hope the Township fixes the problem of its compliance with the statute in the future, but that does not help the thousands of persons from whom fines were collected at a time when we allege Cherry Hill was not eligible to lawfully run such a system. This lawsuit attempts to fix that problem.”

 

For More Information: Please Contact DeNittis Osefchen at 856-797-9951.