Government officials like Transportation Secretary Ray LaHood spend much of their time justifying their positions by tilting at national windmills like the “epidemic” of distracted driving, generally with relatively modest results. And yet, despite the massive increase in mobile device use over the last decades or so, on-road deaths per vehicle mile traveled are at an all-time low. So here’s a new “epidemic” for Secretary LaHood: lane discipline. Every time I take to the freeway, I’m absolutely shocked by the number of people driving at or below the speed limit in the left lane, and the number of people who stay in the fastlane even when there’s nobody to pass. And I don’t have to rely on anecdotal evidence to know lane discipline is a problem in America (or, at least in the Pacific Northwest). According to the PEMCO Insurance Northwest Poll,
43 percent of Washington drivers don’t know that impeding the flow of traffic in the left lane is against the law.
To which I say “bullshit.” Not only is it illegal to impede left lane traffic in Washington (and Oregon, where I live), but the freeways in both states have regular “keep right except to pass” signs, so the ignorance defense doesn’t really apply. People simply don’t care about maintaining lane discipline, and ignore any sign that urges them to do so. Clearly signage and the National Motorist’s Association’s Lane Courtesy Awareness Month aren’t doing the trick… and neither does giving the finger.
Drivers often get the run around when dealing with the traffic ticket bureaucracy. When fighting city hall, individuals usually have no little hope of prevailing. Motorist Harry A. Church realized that with red light cameras, the system was outsourced from city hall to a company that could be more easily sued. After being double-billed by the Australian red light camera company Redflex Traffic Systems, Church filed a lawsuit that has been taken up by the US District Court for the Eastern District of Tennessee.
Last November, citizens of Garfield Heights, OH, banned the use of red light cameras in the city. The vote was close, 4,827 to throw the cameras out against 4,735 for keeping them. But presidencies were decided on a slimmer margin. The keeps the cams side had powerful support: A PAC called “Safe Road Ohio” lobbied for the cameras, with the requisite pictures of little children.
According to the Plain Dealer, the primary donor of this PAC is “Redflex Traffic Systems — the company that operates the city’s camera program and pockets $35 from every speedingticket issued.” The Garfield Heights Council doesn’t seem to hold democracy in high esteem. Last week, the Council moved to bring the cameras back into the city. Read More >
Three Southern California cities are taking steps to rid themselves of red light cameras. In Westminster, the city council decided unanimously on Wednesday to ask voters to ban the use of red light cameras in a referendum scheduled for November 2012.
“We gave very clear instructions… to city managers that this red light camera system will not be discussed or considered to be installed in any part of our city,” Councilman Andy Quach said on Wednesday. “Tonight is basically a reiteration of that already existing policy…. The council has historically never liked anything that could be considered monitoring its citizens by Big Brother.”
The highest court in Massachusetts believes there is no due process problem with charging motorists $300 to challenge a $5 or $15 parking ticket. On Thursday, the Supreme Judicial Court ruled that the appeal procedures in the city of Northampton satisfied constitutional requirements even though motorists were denied an in-person hearing to contest the legitimacy of a citation. The city only allowed people either to pay the fine in full or send “a signed statement explaining his objections.”
Beginning December 1, North Carolina will join Australia in having laws on the book mandating the seizure of vehicles for certain speeding offenses. On June 23, Governor Bev Perdue (R) signed the “Run and You’re Done” bill into law which authorizes a county sheriff to take and hold the car of anyone accused — not convicted — of speeding away from a police officer. The state House and Senate passed the measure unanimously.
Under the new law, the confiscation becomes permanent if a judge believes the car or motorcycle was used to elude a police officer while speeding more than 15 MPH over the limit with at least one other aggravating factor, such as having someone under 12 years old in the vehicle or the vehicle was at some point in a highway work zone, regardless of whether any workers are present.
In 1998, South Carolina lawmakers mandated that police use dashboard mounted cameras to document the arrest of anyone arrested for driving under the influence of alcohol (DUI). The state supreme court on Monday ruled that the town of Mount Pleasant was not in compliance with this statute, which states a suspect “must have his conduct at the incident site and the breath test site video recorded.”
Police are not alone in the ability to secretly use GPS devices to track someone without his knowledge, the New Jersey Superior Court’s Appellate Division ruled Thursday. A three-judge panel made this decision in the context of a privacy invasion suit brought by Kenneth R. Villanova against Innovative Investigations Inc after his now ex-wife hired the private-eye company to spy on him. She intended to document alleged infidelities prior to filing for divorce in May 2008. At the firm’s suggestion, Villanova’s wife installed the tracking device on her husband’s GMC Yukon-Denali which followed the vehicle’s every move for forty days.
Opponents of red light cameras and speed cameras are taking the offensive against city councils and camera vendors who have been taking extreme measures to keep the issue of automated ticketing off the ballot. A Cowlitz County, Washington superior court judge will hear arguments later today in a countersuit that accuses the city of Longview of violating an anti-SLAPP law. The state last year banned what are called “strategic lawsuits against public participation” with a measure that grants expedited court procedures to initiative sponsors and a $10,000 penalty against anyone found to be exploiting the legal system to thwart a petition drive.
So let’s say you don’t live in Washington or Oregon, and you don’t want to buy a GM vehicle, what do you do to save on car insurance? Easy: You say you drive it on your farm. Auto insurers offer farm-use discounts of up to 20 percent. And a lot of less-than-gentleman farmers harvest the savings. Read More >
Since 1994, the California courts have banned defendants from using scientific evidence to challenge certain charges for driving under the influence of alcohol (DUI). To foil defense attorneys who had become increasingly successful with juries, the state created a “per se” DUI charge that made it a crime to have 0.08 reading on a breathalyzer machine regardless of whether an individual was actually drunk or had a 0.08 percent blood alcohol content (BAC) level. Because of physiological variability among individuals, some people with the same blood alcohol level might read higher or lower on the breath machine. Challenges based on these differences are known as “partition ratio” arguments. The California Court of Appeal on Friday loosened what had become effectively a ban on scientific criticism of breathalyzer reliability.
[Editor’s note: My take on the IIHS study’s shortcomings can be found here]
The public relations arm of the insurance industry yesterday released a report claiming red light cameras are popular in big cities. About 24 hours after Insurance Institute for Highway Safety (IIHS) had begun spinning this study to media outlets, only a handful had run stories. Editors at one daily publication told TheNewspaper that they passed on writing about a claim they did not find credible.
Opponents of automated ticketing machines in Monroe, Washington have turned to a new tactic in battling a city council that refuses to give up the use of red light cameras and speed cameras. Instead of engaging the city and a wealthy traffic camera company in a costly legal battle, the group BanCams.com decided Wednesday to shame the council at every election until officials follow the public will.
The Louisiana Supreme Court on Friday gave a green light to police officers looking to search automobiles without a warrant. The court ruled on an interim appeal in the ongoing trial of Derrick R. Kirton, 30, and Crystal N. Strate, 27, who were charged on February 23 with distribution and possession of heroin, respectively. A judge in the Orleans Parish Criminal District Court had ruled that the police search of Kirton’s vehicle was unlawful because it was not based on probable cause. The prosecution appealed.
In a decision that has wide-ranging implications for photo enforcement, speeding tickets and driving under the influence of alcohol (DUI) charges, the US Supreme Court yesterday reconfirmed the Sixth Amendment right to confront one’s accuser applies to analysts who claim to have certified evidence from a machine. The 5-4 decision concluded that “stand-in” expert witnesses are not a substitute for the individuals who actually conducted the tests. The decision broadens the applicability of the landmark Melendez-Diaz ruling from 2009, which has already led to appellate division cases in four California counties to throw out red light camera evidence.
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