CHESAPEAKE, Va. — Two Hampton Roads cities are facing lawsuits, following the installation of speed cameras in multiple points across the cities.
Tim Anderson, an attorney and former delegate, filed the lawsuits in Chesapeake and Suffolk Circuit Court. Anderson said the problem is not with the speed cameras themselves, but rather with the way the cities are collecting fines from violators.
"It's all about making money and this profit policing model is absolutely not what the General Assembly intended," said Anderson.
Under current Virginia law, it is legal for cities to set up speed cameras so long as it is installed in school zones and highway work zones. The citations must also be conducted in the same manner as prosecution for traffic infractions, and be issued to those exceeding the speed limit by 10 mph.
Anderson claims that is not what is being done in Hampton Roads.
"What the cities did is they contracted with out-of-state companies to send violators a bill 'hey you got this ticket, you owe us a hundred bucks, and if you don't like it you can request a court hearing' - that's not how Virginia law operates and that's not how police give tickets," said Anderson.
Both lawsuits allege city leaders are failing to give a proper summon to violators, fail to follow the same procedure as traffic stops, fail to follow procedures in filing an affidavit, commit fraud and that the current policy is a maladministration of government.
Anderson said third parties, hired by the cities, are the ones actually contacting violators. When contacted, Anderson said the citations do not offer a proper summons and violators must request a court date.
While it is allowed under state law to hire a third party, Anderson said the companies are misrepresenting themselves as city authorities or as the police department.
"Why doesn't this corporation say 'hey we are this XYZ corporation - we are the third party collector for the City of Chesapeake and you need to pay us this fine,'" said Anderson. "It's because they know if they do that, a driver won't. But if you get a scary ticket from the Chesapeake Police Department you're gonna pay it."
Both the spokesperson for the City of Suffolk and Chesapeake declined to comment.
However, recent data shows Chesapeake took in more than three million dollars for speed camera tickets this fiscal year alone. That number climbs to eight million dollars in Chesapeake.
Anderson alleges third parties have an incentive to give out tickets, as they take in a portion of the fees as payment. In Suffolk, city leaders paid a third-party company more than three million dollars.
"It creates the profit policing model, which is completely against the spirit of what legislators were trying to accomplish in Richmond," said Anderson.
Anderson expects a long legal battle and said if the lawsuits are successful he wants city leaders to pay the millions of dollars back to impacted drivers.
Anderson also said he plans to bring similar lawsuits to Norfolk and Portsmouth.