Samuel Levine is a practicing attorney in Nassau County. He had previously served for three years as a District Court Judge in Nassau County. He received a traffic ticket based on a red light camera taking a photograph of his license plate going through an intersection. He sued the county based on this traffic ticket. He claimed that the red light camera program was unconstitutional. Samuel Levine claimed that the red light camera program was “nothing more than a revenue producing program that will not deal with the major problem of protecting the rights of citizens.”
Nassau County attorney John Campanoli made the following comment with regard to the court’s decision to dismiss former Judge Levine’s case. “I am pleased that court ruled in our favor. This was important to the county in light of the revenue that it generates for the county. It is important as a safety issue. It discourages unsafe activity by drivers and makes streets safer for both the drivers and pedestrians”.
Mr. Levine had received a notice via mail that his car had been photographed by a red light camera. The photograph indicated he had run a red light at Daly Boulevard, on Long Beach Road in Oceanside, New York. Mr. Levine was not driving his car on the date of the incident; his wife was driving.
Mr. Levine claimed in court that his rights under the United States Constitution and NYS Constitution had been violated. His claim was that he had no opportunity to confront his accuser.
Judge Parga, sitting in the Supreme Court of Nassau County, stated at the time he dismissed Levine’s lawsuit, that “inability to examine a witness does not render the statute unconstitutional because he does not face a criminal conviction or a conviction for violation of the Vehicle & Traffic Law“. I have spoken to Samuel Levine, Esq., about this case. I hope he appeals this decision to the Appellate Division, Second Department.
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