AAA South Jersey September/October 2012 : Page 4

Red-light cameras get the green light By Rich Bradley Family of Toni Donato-Bolis relieved to see ‘Kulesh, Kubert and Bolis’ bill against distracted driving signed into law By Michelle Caffrey • Washington Township Times • (Reprinted by permission) Finally. That was all the Donato family “This shows that the State of New Jersey could think on the afternoon of July 18 as agrees that what he did was wrong. That it they gathered at the State House for the was criminal,” said Mary Donato, mother signing of the “Kulesh, Kubert and Bolis” of Toni Donato-Bolis. She carried a Bill into law. framed photo of Donato-Bolis with her at Named partly after Washington Township the signing, and watched with tears in her resident Toni Donato-Bolis and her eyes as the bill was signed into law. unborn son R.J., who were both killed “It’s such a bittersweet day,” Mary Donato by an allegedly distracted driver on said. “At least I know my daughter’s name June 1, 2011, the bill enhances the tools will live on forever.” prosecutors have to charge drivers who She was joined by her immediate and kill or seriously injure someone while extended family and friends — all in green, illegally using a cellphone. Someone like Donato-Bolis’ favorite color and the color Toni. of anti-distracted driving initiatives — at After supporting the bill since February the Governor’s office. — Donato-Bolis’ sister Angela Donato It’s her daughter’s story, along with those of testified before the legislature about her Helen Kulesh and David and Linda Kubert, sister’s death — the family was relieved to that compelled the state’s legislative bodies finally see the day when their hard work, to crack down on distracted drivers. tragic loss and constant struggle translated Kulesh, an elderly woman, was crossing into real, legitimate change. a street in Elizabeth to go to the grocery “Now I can say she didn’t die in vain,” store when she was struck and killed by Angela Donato said. “Her name is a person using a cellphone while driving. honored, her memory is honored.” The Kuberts were seriously injured, and The new law allows prosecutors to charge are now amputees, after they were hit those driving while illegally using a on their motorcycle by a driver who was cellphone with being reckless, meaning texting. prosecutors can then file criminal charges, “Their stories are heartbreaking,” said Lt. such as assault by auto or vehicular Gov. Kim Guadagno, who signed the bill homicide, against them if they cause in place of Gov. Chris Christie as he was serious injury or death. out of state. “I don’t think we can tell these If the Kulesh, Kubert and Bolis law was in stories enough.” place last year, the man who changed the The bill was sponsored in the Assembly Donato family forever when he crashed by Assemblyman Paul Moriarty (D-4), of into Donato-Bolis could have faced Washington Township, and Assemblywoman serious jail time and fines for his role in Gabriela Mosquera (D-4). State Sen. Fred their deaths. He was allegedly distracted Madden of Washington Township (D-4) by the GPS on his phone at the time of sponsored the bill in the Senate, with support the crash. After investigating the crash for from State Senate President Stephen Sweeney more than a year, the Gloucester County (D-3) of West Deptford. Prosecutor’s office decided in May that it did not find grounds to charge him Continued on page 14 criminally in Donato-Bolis or R.J.’s deaths. Before the law was signed, and immediately Caption for above image: Lt. Gov. Kim Guadagno talks went into effect, driving while illegally with Toni Bolis’s mother, Mary Donato, after signing using a phone carried a citation of careless the new law. driving, a much lesser charge that can’t be Photo credit: elevated to criminal charges. Governor’s Office/Tim Larsen After being shut down for approximately five weeks, New Jersey’s red-light cameras were back in operation by late July. The state suspended the pilot program in June in all but four municipalities after saying yellow lights might not be timed according to standards. In mid-June, the New Jersey Department of Transportation (NJDOT) directed 21 of the 25 municipalities participating in the red light camera pilot program to suspend issuing summonses to motorists on the basis of video evidence provided by cameras placed at intersections. Gloucester Township and Deptford Township were two of the four municipalities that were not affected. The re-certifications confirmed that the yellow light timing at 63 intersections statewide where red light cameras are authorized for operation were in accordance with the formula specified in the legislation. The suspension order affected 63 of the 85 authorized red-light camera intersections statewide, including one camera each in Cherry Hill, Stratford, and Glassboro Borough. NJDOT ordered the suspension at the affected intersections because the pilot program legislation specified a formula to determine the proper duration of the yellow light in a traffic signal that differs from the legally required, nationally accepted formula that NJDOT, counties and municipalities use when installing traffic signals. NJDOT notified the 21 affected municipalities of the variance in the formulas and directed each to perform an analysis that conforms to the formula in the legislation. The affected cameras were not required to be turned off, but rather continued to record traffic activity. The length of an amber light generally is set at one second for every 10 mph of the posted speed limit – for example, five seconds in an intersection with a speed limit of 50 mph. However, New Jersey’s Continued on page 31 AAA.com • SJ First • 4 • September/October

New Cell Phone Law

Michelle Caffrey

Red-light cameras get the green light By Rich Bradley After being shut down for approximately five weeks, New Jersey’s red-light cameras were back in operation by late July. The state suspended the pilot program in June in all but four municipalities after saying yellow lights might not be timed according to standards. In mid-June, the New Jersey Department of Transportation (NJDOT) directed 21 of the 25 municipalities participating in the red light camera pilot program to suspend issuing summonses to motorists on the basis of video evidence provided by cameras placed at intersections. Gloucester Township and Deptford Township were two of the four municipalities that were not affected. The re-certifications confirmed that the yellow light timing at 63 intersections statewide where red light cameras are authorized for operation were in accordance with the formula specified in the legislation. The suspension order affected 63 of the 85 authorized red-light camera intersections statewide, including one camera each in Cherry Hill, Stratford, and Glassboro Borough. NJDOT ordered the suspension at the affected intersections because the pilot program legislation specified a formula to determine the proper duration of the yellow light in a traffic signal that differs from the legally required, nationally accepted formula that NJDOT, counties and municipalities use when installing traffic signals. NJDOT notified the 21 affected municipalities of the variance in the formulas and directed each to perform an analysis that conforms to the formula in the legislation. The affected cameras were not required to be turned off, but rather continued to record traffic activity. The length of an amber light generally is set at one second for every 10 mph of the posted speed limit – for example, five seconds in an intersection with a speed limit of 50 mph. However, New Jersey’s red-light camera pilot program required a stricter standard. Towns were required to set the timing of their amber lights to coincide with the speed at which 85 percent of drivers approach the intersection. If the posted speed limit was 50 mph, but cars approach at 60 mph, the timing of the amber light had to be set to take into account the high speed – and motorists would have gotten an extra second to get through the light. Although AAA believes that red light cameras can be beneficial in reducing crashes at intersections, the need for this investigation underscores our longheld position that such programs must be focused solely on safety and not on revenue. In a recent survey of New Jersey motorists taken before the NJDOT action, the favorable rating of red light camera programs was the lowest it has been since the question was first asked in 2005.However, while support has steadily diminished, a majority of those surveyed, 61 percent believed that the cameras can help ensure that New Jersey roads are safer with 35 percent believing that the main purpose of the program is to generate revenue for municipalities rather than traffic safety. The red light camera pilot program, authorized by an act of the New Jersey state Legislature in 2008 and implemented beginning in 2009, aims to determine whether red light cameras promote safety by reducing the frequency and severity of crashes at intersections that have a history of motorists running red lights. Family of Toni Donato-Bolis relieved to see ‘Kulesh, Kubert and Bolis’ bill against distracted driving signed into law Finally. That was all the Donato family could think on the afternoon of July 18 as they gathered at the State House for the signing of the “Kulesh, Kubert and Bolis” Bill into law. Named partly after Washington Township resident Toni Donato-Bolis and her unborn son R.J., who were both killed by an allegedly distracted driver on June 1, 2011, the bill enhances the tools prosecutors have to charge drivers who kill or seriously injure someone while illegally using a cellphone. Someone like Toni. After supporting the bill since February — Donato-Bolis’ sister Angela Donato testified before the legislature about her sister’s death — the family was relieved to finally see the day when their hard work, tragic loss and constant struggle translated into real, legitimate change. “Now I can say she didn’t die in vain,” Angela Donato said. “Her name is honored, her memory is honored.” The new law allows prosecutors to charge those driving while illegally using a cellphone with being reckless, meaning prosecutors can then file criminal charges, such as assault by auto or vehicular homicide, against them if they cause serious injury or death. If the Kulesh, Kubert and Bolis law was in place last year, the man who changed the Donato family forever when he crashed into Donato-Bolis could have faced serious jail time and fines for his role in their deaths. He was allegedly distracted by the GPS on his phone at the time of the crash. After investigating the crash for more than a year, the Gloucester County Prosecutor’s office decided in May that it did not find grounds to charge him criminally in Donato-Bolis or R.J.’s deaths. Before the law was signed, and immediately went into effect, driving while illegally using a phone carried a citation of careless driving, a much lesser charge that can’t be elevated to criminal charges. “This shows that the State of New Jersey agrees that what he did was wrong. That it was criminal,” said Mary Donato, mother of Toni Donato-Bolis. She carried a framed photo of Donato-Bolis with her at the signing, and watched with tears in her eyes as the bill was signed into law. “It’s such a bittersweet day,” Mary Donato said. “At least I know my daughter’s name will live on forever.” She was joined by her immediate and extended family and friends — all in green, Donato-Bolis’ favorite color and the color of anti-distracted driving initiatives — at the Governor’s office. It’s her daughter’s story, along with those of Helen Kulesh and David and Linda Kubert, that compelled the state’s legislative bodies to crack down on distracted drivers. Kulesh, an elderly woman, was crossing a street in Elizabeth to go to the grocery store when she was struck and killed by a person using a cellphone while driving. The Kuberts were seriously injured, and are now amputees, after they were hit on their motorcycle by a driver who was texting. “Their stories are heartbreaking,” said Lt. Gov. Kim Guadagno, who signed the bill in place of Gov. Chris Christie as he was out of state. “I don’t think we can tell these stories enough.” The bill was sponsored in the Assembly by Assemblyman Paul Moriarty (D-4), of Washington Township, and Assemblywoman Gabriela Mosquera (D-4). State Sen. Fred Madden of Washington Township (D-4) sponsored the bill in the Senate, with support from State Senate President Stephen Sweeney (D-3) of West Deptford. “There is no question that illegally using a cellphone causes distractions for those out on the road,” said Madden in a statement.“Sometimes those distractions can have tragic results. That is why it is important that we send a message that such behavior must cease. This is about saving lives and protecting people.” For the Donato family, it’s about making sure people realize how incredibly dangerous distracted driving is, and about doing whatever they can to ensure no other families see the same dark days they have. “I’m waiting to wake up and see this was all a dream,” said Angela Donato, as her niece, Donato-Bolis’ three-year-old daughter Mia, hopped around the halls of the State House waiting for the big moment. It wasn’t hard to explain to Mia where she was going to, Donato said.“I told her, ‘Your mommy and brother are changing the world.”

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