OT: Speed Cameras/Red Light Cameras -- Unconstitutional??

[carolina guy]

Perhaps someone can help convince me that red light cameras/speed cameras are actually Constitutional.

The penalty for the same action is different depending on who issues the citation (police officer v camera company in cahoots with the police).

Would this not be a potential violation of the "Equal Protection" clause of the 14th Amendment?

 

[davidmcbeth]

You don't need someone to persuade you ... you need legal cites ...

I know that a cop v. camera was ruled unconstitutional and then constitutional if I recall...

Here's a website showing many cases...

http://www.thenewspaper.com/rlc/related.asp?S=2&T=0&X=3

In NC I think its an administrative case ... a rubber stamp guilty ... you need to call your legislators ...


http://www.thenewspaper.com/rlc/docs/2012/ca-adhearsay.pdf

I like this case and have used the melendez argument in cases before to great effect ... surprised the CA court ruled the way it did..many courts allow pics and videos in w/o any foundation being needed ... but I think in CA the procedures use the criminal rules so it maybe different than in NC but something to consider.

 

[OC for ME]

Here in Missouri a attorney interviewed on a local talk radio station indicated that it is a violation of due process. If you are not the driver you can not be held to account for a violation.

If you are the driver then the argument switches to "a cop did not witness you violating the law" when the violation occurred. Cops say that each recorded violation is reviewed by a cop and that cop issues the ticket.

That attorney advises that if you are issued a ticket, in Missouri, as a result of a red light camera to just toss it in the appropriate circular file.

 

[carolina guy]

Thankfully, in NC the speed/red light cameras are a general non-issue because the typical revenue sharing with the camera company means that the municipality must kick in the difference and forward the entire amount of the tickets for use by the local school districts per Article 9 of the NC Constitution. This wasn't too popular when the larger cities suddenly realized they owed a LOAD of money to the schools.

But, I do not really want to worry about other states that I may be driving through to have the same problems with the cameras.

 

[carolina guy]

You don't need someone to persuade you ... you need legal cites ...

I know that a cop v. camera was ruled unconstitutional and then constitutional if I recall...

Here's a website showing many cases...

http://www.thenewspaper.com/rlc/related.asp?S=2&T=0&X=3

In NC I think its an administrative case ... a rubber stamp guilty ... you need to call your legislators ...


http://www.thenewspaper.com/rlc/docs/2012/ca-adhearsay.pdf

I like this case and have used the melendez argument in cases before to great effect ... surprised the CA court ruled the way it did..many courts allow pics and videos in w/o any foundation being needed ... but I think in CA the procedures use the criminal rules so it maybe different than in NC but something to consider.

+1