Las Cruces – A man is suing the city of Las Cruces, alleging its red light and speeding cameras are unconstitutional.
One of the city's cameras snapped Cristobal Rodriguez's car doing 48 mph in a 35 mph zone in October 2009.
The New Mexico State University assistant professor of education law argues the city cannot hold him responsible without evidence of who was driving.
Attorney Steven Almanza listed the city's evidence, and asked how it could be insufficient.
State District Judge Manuel Arrieta denied the city's motion to dismiss the case during testimony Monday.
The judge questioned whether Rodriguez would be "vicariously liable" for the actions of someone else in the civil matter.
He gave both sides 10 days to present additional information before he makes a ruling.
Information from: Las Cruces Sun-News, http://www.lcsun-news.com
Copyright 2011 The Associated Press.