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Lawsuit: Red-Light Cams Unconstitutional

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The Straight Story Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 03:34 PM
Original message
Lawsuit: Red-Light Cams Unconstitutional
Lawsuit: Red-Light Cams Unconstitutional
Orlando Attorney Says Program Is 'Money-Maker'

ORLANDO, Fla. -- A lawsuit claims that red-light cameras in Orlando are unconstitutional and shouldn't be used to issue tickets.

City officials said the cameras help save lives, but attorney Richard Schuler said the program is a "money maker." The suit was filed Thursday against Orlando and several other governments.

City Attorney Mayanne Downs said they reviewed the legalities before adopting the camera ordinance in December 2007, and he's confident it will prevail in court.

The lawsuit claims the cameras don't determine who is driving. The cameras snap pictures of the car's license plate as it runs through the light. Drivers would be charged $125 for the first violation, $250 for the second and $500 after that. The owner of the car would be responsible for paying.

http://www.clickorlando.com/news/20494596/detail.html
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Motown_Johnny Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 03:37 PM
Response to Original message
1. unless the vehicle is reported stolen, the owner or someone the owner has allowed to use the vehicle
is driving.

That is good enough for me. either the owner was driving and needs to pay or the owner needs to take it up with whoever he/she let drive
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The Straight Story Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 03:55 PM
Response to Reply #1
4. So if your friend drives your car and wrecks it, you are at fault too?
By the logic above you would be liable if they were drunk driving, etc - should you pay a fine and do time for them as well?
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Curtland1015 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 03:57 PM
Response to Reply #4
6. Well, if you knew they were drunk and lent them your car, YES.
I get your point, I'm just being a smart ass...
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The Straight Story Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 03:58 PM
Response to Reply #6
7. :) Better a smart ass than a dumb ass
:rofl:
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bobburgster Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 04:00 PM
Response to Reply #4
9. I may be wrong but...
I do believe you / your insurance company can be held responsible for damages.
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gmoney Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 03:59 PM
Response to Reply #1
8. Right, I could get the money back, but the points will still be on my license.
If it was just a matter of fines, I wouldn't have a huge problem with it, but you get points on your license and your insurance goes up, which is the real long-term cost.

So, if a friend borrows my car, blows three red lights, I get all the points on MY license, plus the first time *I* run a light, my fine is $500. Grrr
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OmmmSweetOmmm Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 04:42 PM
Response to Reply #1
14. But the points would be on the owners license, not on the person driving. My son has
received several tickets while driving my car and he's the one who gets the points.
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Xicano Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 04:48 PM
Response to Reply #1
15. "Stating Facts Not In Evidence"
If the operator of the vehicle cannot be ascertained from the ticketing officer/agency, then, any testimony against the vehicle's owner is stating facts not in evidence. Case dismissed due to lack of evidence.



Hint: hide your face behind the sun visor. :evilgrin:
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Morning Dew Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 03:47 PM
Response to Original message
2. In Minnesota, "photo-cop" was struck down by the Supreme Court (MN)
http://www.aclu-mn.org/home/news/minnesotasupremecourtstrik.htm
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valerief Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 03:55 PM
Response to Original message
3. Reckless driving results in city revenue. What's the problem?
:shrug:
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Lerkfish Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 03:56 PM
Response to Original message
5. silly me: I had a way different interpretation of "red light camera"
:)
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bobburgster Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 04:04 PM
Response to Original message
10. I'm more concerned about the slippery slope.
Next thing you know the cameras will be on every street corner and they won't be just aimed at license plates.
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Lagomorph Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 04:07 PM
Response to Original message
11. I couldn't agree more...
...dump the cams. All the cams.

A state of the art police state is still a police state.
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benld74 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 04:39 PM
Response to Original message
12. City of St. Louis Made 2.8 million off the cameras last FY,,,,,
easy form of income for a city. People are too scared to fight a non-entity who caught them doing something wrong. Judge in STL got caught, and is taking it to court, which if everyone did it, would flood the court systems,,,
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Quantess Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 04:42 PM
Response to Original message
13. Not so sure.... I was with a friend when she opened up her red-light ticket in her mailbox.
The photo snapped a clear image of not only her license plate, but her face.
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lib2DaBone Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 05:54 PM
Response to Original message
16. Vendors supply the cameras free to the CIty.. for a cut of the "Profits"
..I could be wrong.. but I think the Camera companies supply the camera and hardware free to the cities, for a percentage of the profit.. er.. I mean fines.

Cha-Ching.
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meow2u3 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-23-09 05:58 PM
Response to Original message
17. Red light cameras turn due process on its head
When the red light camera takes a picture of the license plate, the owner is effectively presumed guilty until proven innocent--the antithesis of a person's constitutional right to be presumed innocent until proven guilty. The owner has to prove beyond a reasonable doubt that he or she was not driving the car when the infraction took place.
The same thing is true for parking tickets--the owner is presumed guilty.
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