June 9, 2017

The Honorable Isiah Ike Leggett

101 Monroe Street
Rockville, MD 20850

Dear County Executive Leggett:

I read with great concern the Preliminary Inquiry Memorandum (PIM) sent by the
Montgomery County Office of Inspector General to your office on May 17, 2017 regarding
yellow signal timing (OIG PIM #17-003). I regularly field inquiries from constituents bothered
by the deployment of speed cameras and red light cameras. I have incurred a few of these tickets
myself and understand my constituents concern. I have, however, always justified the presence
of these state law authorized automated enforcement machines on the basis that they are catching
improper behavior that a human police officerif presentwould also ticket. Anyone driving
in the County should obey all applicable traffic laws at all times.

Unfortunately, the Inspector Generals recent PIM reveals that some of these automated
enforcement machines have rigged the game against drivers. At least since 2015and perhaps
since 2003the Montgomery County Department of Transportation has known that the state
standard for yellow light timing is 3.5 seconds.1 Yet according to the Montgomery County
Department of Transportation (MCDOT), 13% of the County-operated signals had a shorter
yellow signal duration during the time of the PIMs review. This raises significant concerns and
I hope the County will act accordingly.

1
As you are well aware given your background, ignorance of the law is not an excuse. See, e.g.,
Lambert v. California, 355 U.S. 225, 228 (1957) (The rule that ignorance of the law will not
excuse is deep in our law) (internal citations omitted). Just as we would not excuse a County
resident for speeding if they did not know the speed limit, I am skeptical the County should not
be held to the State Highway Administration 3.5 second yellow light signal duration since its
inception.
 First, the County should consider an outside audit of its yellow signal timing to provide
the public confidence that the MCDOT accounting is correct. Second, law enforcement should
immediately halt the use of red-light cameras at signals where the yellow light timing has not
been independently verified.2 Third, the County needs to begin the difficult but necessary work
of reviewing its previous red light tickets and reimbursing any driver who was improperly fined
on the basis of an incorrectly timed yellow signal.3

Improper timing of traffic signals at locations with red light cameras goes to the heart of
the confidence people can have in their government. Thank you for your attention to this
important issue and efforts to correct these errors.

Sincerely,

Marc Korman

CC: Council President Roger Berliner

Police Chief J. Thomas Manger
Director Al Roshdieh
Inspector General Edward L. Blansitt III

2
Baltimore Citys red light and speed camera program was put on hold for three years when it
became apparent that approximately 3,000 tickets were unjustly given to drivers who had not
broken any traffic laws.
3
The review should begin in 2003, but at a minimum the PIM is vague as to whether or not red
light tickets were issued between May 15, 2015 (when MCDOT alleges it learned about the
timing duration requirement) and the end of 2016 (when MCODT represents it had completed
retiming signals with red light cameras).