The TaxPayers’ Alliance and Drivers’ Alliance last week calculated that UK speed cameras issued £87,368,227 (US $131,256,380) worth of tickets in fiscal 2009 without any demonstrable safety benefit. Since speed cameras were first installed on British roads in 1991, the roads became more dangerous than they would have been without photo enforcement, according to the report.
Ohio’s second highest court on Thursday ruled that a constitutional challenge to photo enforcement should proceed. Attorney Jeffrey Posner had appealed a speed camera ticket he received from a private contractor operating in Cleveland on the grounds that the way the private firm handled the evidence undermined his right to due process. A three-judge panel of the Court of Appeals for the Eight Appellate District found merit in his concerns and reversed the Cuyahoga County Common Pleas Court decision that previously had found no problem with the system of automated ticketing.
At least four of the country’s top rental car firms sell information on their customers to a photo enforcement firm. American Traffic Solutions and its subsidiary, ATS Processing Services, signed contracts through which Avis, Budget, Hertz and Advantage agreed to hand over information on renters so that ATS can collect extra money on photo tickets.
For years it had been a mystery how the Texas House of Representatives, 83 percent of whose members voted to ban photo enforcement, could nonetheless endorse the use of red light cameras. An ethical storm that broke around state Representative Linda Harper-Brown (R-Irving) last month provides the answer. Harper-Brown, a Transportation Committee member, accepted unreported gratuities from a traffic camera firm in return for playing the decisive role in establishing the automated ticketing industry in the Lone Star State.
The group CameraFraud.com announced yesterday that 127,000 Arizona voters had made it clear that they want voters decide the future of automated enforcement in the state. The figure fell short by about ten percent of the number legally required to force a measure onto the ballot against the will of lawmakers. Initiative proponents see this as a merely temporary setback. Arizonans Against Photo Radar Chairman Shawn Dow believes that his group is stronger than ever and will be able to flex its political muscle to force change in the state.
At a congressional hearing Wednesday, members expressed increasingly skeptical views toward the safety claims made by the usual cast of advocates for photo enforcement. The US House Transportation Subcommittee on Highways and Transit invited five representatives of the familiar groups that advocate expanded use of red light cameras and speed cameras. In presentations before the committee and written testimony, however, members seemed to be more swayed by what the two camera opponents that appeared had to say.
Hawaii’s Supreme Court ruled in September that speeding tickets issued on the basis of laser speed gun readings were not valid (view decision). The high court followed up this ruling in March by overturning a case where the officer in question claimed he used pacing to estimate the speed after the laser evidence was thrown out (view decision). Dozens of motorists convicted by lidar evidence are now being forced to take their case to the Intermediate Court of Appeals in order to clear their names.
The New Mexico Supreme Court on Thursday expanded the ability of police to jail suspects for driving under the influence of alcohol (DUI) by allowing arrests to be made solely based on third-party tips. The ruling was handed down two weeks after the same court had relaxed DUI arrest rules so that motorists sleeping off a night of drinking in their automobiles would not be hit with the same penalty as if they had driven away (read decision).
A woman driving between Texas and Montana was stopped in South Dakota for the crime of driving with too many cats. In the case known as “South Dakota v. Fifteen Impounded Cats,” that state’s highest court ruled Wednesday that the feline seizure was the appropriate response. On August 13, 2009 at around 11:15pm, a Pierre policeman had stopped Patricia Edwards as she was backing out of a parking spot. Edwards, broke, was living out of the car with fifteen cats and all of her personal belongings.
The city council in Mukilteo, Washington voted on Monday to reverse itself on the issue of photo enforcement. After over 1909 voters signed a petition to call for an election to ban red light cameras and speed cameras, council members began to have second thoughts about their contract with American Traffic Solutions (ATS) to operate automated ticketing machines. ATS also operates in the neighboring town of Lynnwood.
The Oregon Court of Appeals earlier this month threw out a commonly performed roadside sobriety test as unscientific. A divided three-judge panel found the accuracy of vertical gaze nystagmus in establishing drunkenness remained unproven in the eyes of the court.
Motorist Paul Miller filed a federal lawsuit against Sanilac County, Michigan sheriff’s department after he was accused of driving under the influence of alcohol (DUI) despite being completely sober. The US Court of Appeals for the Sixth Circuit earlier this month ruled that his case should be tried by a jury.
A red light camera company faces being fined for running an illegal operation in the state of South Dakota. Last Tuesday, a circuit court judge ruled that Redflex Traffic Systems and the city of Sioux Falls violated state law and the US Constitution when they set up automated ticketing machines without approval from the state legislature. The question of whether Redflex is financially liable, and to what degree, will now be determined by a jury.
South Carolina Governor Mark Sanford (R) last week signed a law banning the use of red light cameras and speed cameras in the state. The measure swept unanimously through the House, 106 to 0, on June 3 and in the Senate 38 to 0 on June 2. So far, fifteen states have taken legislative or judicial action to prohibit the use of automated ticketing machines. In addition, the voters in ten cities have thrown out photo enforcement by referendum (view complete list). South Carolina’s law takes effect immediately.
Baytown, Texas is easing up on issuing red light camera tickets in the hopes of diverting momentum away from a planned effort to place a photo enforcement ban on the ballot. Resident Byron Schirmbeck and a team of volunteers expect soon to turn in a second petition forcing a referendum. Statistics show that, in response, city officials and American Traffic Solutions have deliberately issued fewer citations. The program rejected 29 percent of violations in July 2008, but documents show the rate of rejections climbed to 54 percent in December.
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