ROCKVILLE, Md. (WUSA) - Maryland's highest court is set Wednesday to hear claims by Montgomery County motorists that speed cameras are being run illegally by some jurisdictions.
"The way the government has been running the system is illegal," says attorney Timothy Leahy.
Leahy started fighting back when he first got a $40 speed camera ticket in Chevy Chase in 2008. Since then the case has grown to a class action suit now on final appeal.
At the heart of the case is the contract with camera contractor ACS that calls for the company to be paid $16.25 for each $40 ticket issued.
State law specifically states that the contractor's fee "may not be contingent on the number of citations issued or paid."
The counties have since modified their contracts to clarify that police are the "operators" of the systems, while ACS simply supplies and maintains the cameras. Lower courts have taken their side.
Leahy says it amounts to legal hairsplitting that defies common sense.
Meanwhile, judges have ruled that motorists who have paid the $40 fine have no right to sue over the matter now, because they have admitted guilt.
Maryland's highest court will now decide the final appeal.