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constitutionalUnited States · Albuquerque, New MexicoDifficulty: Medium

Red-Light/Speed Camera History – Albuquerque Camera Program Voided

Albuquerque's red-light/speed camera program ('STOP' / Redflex) was voided by voter referendum in 2014 (City Question 1, 53% in favor of repeal), and the NM Court of Appeals held in City of Albuquerque v. Pangaea Cinema, 2012-NMCA-075 that camera tickets are civil and subject to administrative due-process protections. Although Albuquerque has not run a city-wide camera program since 2015, certain school-zone speed cameras (NMDOT pilot) and the 2024 'Vision Zero' restart proposal have generated tickets that are widely defensible because (a) the underlying ordinance is challenged on uniformity grounds; (b) the registered owner is presumed liable but the presumption is rebuttable; (c) state law (NMSA §66-7-104) does not authorize photographic enforcement of parking and standing offenses.

Legal basis

City of Albuquerque v. Pangaea Cinema, 2012-NMCA-075; ROA §7-7-1 (suspended); 2014 voter repeal; NMSA §66-7-104

Sample appeal wording

City of Albuquerque – Administrative Hearings RE: Camera Citation #[CITATION] I contest this citation. Under City of Albuquerque v. Pangaea Cinema, 2012-NMCA-075, a camera-based citation is civil and the registered owner enjoys due-process protections including (1) the right to confront and rebut the owner-liability presumption with evidence the vehicle was driven by another, (2) admissible photographic evidence of the violation, (3) a calibration record for the device. I [submit a sworn statement that I was not the operator] and demand production of the calibration record and full photo log. If the city cannot produce these, the citation must be dismissed. [NAME] / [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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