Bexar County constable halts speed camera citations as DA seeks legal clarity from Texas AG.
SAN ANTONIO — A new automated camera system to detect speeding drivers is being questioned by Bexar County’s top prosecutor.
Joe Gonzales is asking the Texas Attorney General to weigh in on the speed-detecting cameras used by Bexar County Constable Precinct 3.
In response, the constable has stopped issuing citations.
In January, we first reported on the LIDAR camera being tested out in northeast Bexar County.
In February, Constable Mike Vojvodich said they started issuing citations after setting up the camera in areas prone to car crashes. He said they used TXDOT data to determine the locations.
According to the district attorney, they were placed on U.S. 281 along Loop 1604 and Interstate 10 near Wurzbach Parkway.
In a span of about three weeks, it detected more than 3,000 violations but only about 300 citations were issued through the mail.
“It’s been very successful as far as the goal, the goal has been to slow people down,” Vojvodich said.
However, DA Gonzales said his office is not prosecuting cases while they wait for the AG to give his opinion. He said they were told it would come down in August.
Gonzales said he believes the constable does not have the authority to issue the citations.
“There is an argument that there is a lack of due process in this whole process,” Gonzales said.
He points out the 2019 law that banned red light cameras.
“It is an issue of notice,” Gonzales said. “It is an issue of the motorist not being aware that they have violated the law, that they have committed a traffic infraction.”
While citations are not being issued, the cameras are still being used to collect data.
“Law enforcement officers, we have many tools to enforce traffic and none of them are specified by statute,” Vojvodich said.
He said a peace officer sets up the camera, monitors it and looks for probable cause. He said the technology is able to monitor up to four lanes at once. Unlike, the red-light cameras, he said they can decipher who the driver is.
“When the photograph comes out, we compare the photograph to the registered owner or their driver’s license file and only then when we’re convinced we have the right driver and the violator will we issue a citation for it,” Vojvodich said.
Vojvodich said right now they are not paying for the system but doing a trial run. If the AG decides it is legal, he is hoping the commissioners would invest in renting or buying the equipment.
In the meantime, new citations will not be issued.
The district attorney did confirm some people have already paid their citations and they may be owed a refund, depending on the AG’s response.