DALLAS (KRLD) - The Texas Supreme Court has thrown out a challenge to the state's red light camera law.
In a ruling today, the court ruled Luis Garcia of Willis, Texas, did not exhaust his administrative remedies and was barred from challenging the Constitutionality of the red light camera law.
"We hold that Garcia lacks standing to bring his prospective claims for declaratory and injunctive relief and that governmental immunity bars his reimbursement claim. We agree with the court of appeals, however, that Garcia was required to exhaust administrative remedies before bringing his constitutional-takings claim in district court." the Supreme Court ruled.
Garcia paid his fine after getting a red light citation in the mail. But by paying the ticket without going through an administrative hearing, Garcia gave up his right, the court ruled.
"A person who receives a notice, a violation, can sue for injunctive and declaratory relief if they haven't paid their fine yet," argued Assistant Attorney General Andrew B. Davis.
Lawyers for Garcia had argued he was in a no-win situation.
"This statute and this ordinance never affords a person an opportunity to be heard before a tribunal with subject matter jurisdiction," argued Scott Stewart, attorney for Garcia. "If I pay it and I want to challenge it, well I've admitted liability. So now how do I challenge it. So in a situation like we have here, Mr. Garcia has paid it."
But that is exactly what barred Garcia from pursuing the review, the court ruled. "We hold that because Garcia paid his fine and does not argue he will likely continue to incur red-light violations, he lacks standing to bring his claims for prospective relief," the ruling says.
A North Texas lawmaker recently said the days are numbered for red-light cameras.