Prosecutors appeal dismissal of charges in chase case
Prosecutors Wednesday appealed the dismissal of anti-paparazzi driving charges against a photographer accused of recklessly chasing Justin Bieber on a Los Angeles freeway earlier this year.
The appeal argues that Superior Court Judge Thomas Rubinson erred last month when he dismissed two counts filed under California’s 2010 anti-paparazzi law against Paul Raef, a freelance photographer. The judge dismissed the charges on grounds that the 2010 law used to charge him was broad and violates the First Amendment.
The judge’s ruling could set “a dangerous precedent” that newsgatherers can drive recklessly without facing stiffer penalties, the prosecutors’ filing states.
The law raised the penalty for those who drive dangerously in pursuit of photos for commercial gain, but Rubinson said that could be applied to wedding photographers and many other professions.
The offence is punishable by six months in jail and a $2,500 fine but went unused until Raef was involved in the freeway chase of Bieber that topped 120 km/h and prompted several 911 calls.
Raef’s attorneys said they had not yet been served with the full appeal, including the prosecutors’ exhibits, but had reviewed a filing summarizing their arguments.
Prosecutors are mistakenly arguing that the statute regulates conduct instead of speech and the ruling should be upheld, they wrote in a statement.
Rubinson said when ruling Nov. 14 that lawmakers should have raised the penalties for all types of reckless driving. The appeal states the judge should have deferred to the way California lawmakers decided to target reckless driving by paparazzi.
Raef still faces reckless driving charges for the July chase involving Bieber on a freeway.