A local attorney is challenging the legality of Rochester's red-light cameras. The case was heard in State Supreme Court Tuesday.
Is the purpose of the city's red light camera system about public safety or profit?
The answer is ultimately up to a New York State Supreme Court Judge.
"The city has turned red light cameras into ATM machines to fill the city's coffers and its at the expense of your constitutional rights," said Lawrence Krieger.
Krieger and his attorney Michael Steinberg told their side in court. Krieger is suing the city under the legal argument that the red light camera tickets the owner of the vehicle, not the driver.
"In a lot of cases we heard from people who were parents, grandparents, good samaritans who let somebody use their cars. I've heard from a lot of car dealers," said Krieger. "You shouldn't punish somebody from a moving violation that's allegedly done by somebody else."
Last December a red light camera caught a vehicle registered to Krieger in violation. He says after going through a hearing process he decided to file a lawsuit.
"Also the 12 second video is hearsay. There's nobody thats swears to its accuracy, there's no witness to cross examine," he said.
City Attorney Adam Clark disagrees. He says the law is constitutional and gives the same due process as the issuance of a parking ticket.
"The plaintiff made an argument that this should be treated differently than a parking ticket because in a red light violation there's actually somebody in the car," said Clark. "The logical extension of that that I see is that if there's not an officer there then people wouldn't have to stop at all and that's not something that we want."
And if the judge rules in favor of Krieger...
"It will effect or it should effect those who have tickets that are still pending," said Michael Steinberg, Krieger's attorney.
That decision is expected to be determined by the judge November 8th.