Category: Crime & Punishment

By on December 20, 2010

The AP [via Google] reports that Toyota’s board has voted to pay $32.4m on top of the $16.4 it already paid the US Department of Transportation in connection with its handling of several recalls. The first involved Toyota’s handling of gas-pedal entrapment by floormats in its vehicles that were part of the Unintended Acceleration scandal earlier this year. The other involved steering rods in certain 4Runners and T-100 pickups that were not recalled despite a 2004 Japanese market recall for the same parts on Hilux pickups.

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By on December 20, 2010

The French parliament has taken a step toward significantly reducing the non-monetary penalties that accompany most speeding tickets. The National Assembly voted Thursday to diminish the amount of time that minor traffic violations affect a driver’s record, and consequently his insurance rates. The changes came in the form of a compromise amendment to a wide-ranging homeland security bill known by the acronym LOPSSI II.

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By on December 17, 2010

In the space of just over four weeks, Cleveland, Ohio has lost three appellate-level cases over its photo enforcement program. On November 10, a federal appeals court panel shot down the city’s attempt to block a class action lawsuit by drivers of leased vehicles who received traffic camera ticket (view opinion). On Monday, a state appeals court panel came to the same conclusion, finding it likely that the city unjustly enriched itself with photo tickets (view opinion). Yesterday, a new three-judge panel of the the Ohio Court of Appeals for the Eighth Appellate District threw out a speed camera tickets on the grounds that Cleveland had ignored state law.

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By on December 16, 2010

Class action attorneys have set their sights on a South Carolina town that set up a freeway speed camera in defiance of state law. Since August, the town of Ridgeland has allowed the private company iTraffic to operate a speed camera system to mail tickets worth $133 to $300 each to the owners of vehicles photographed as they pass through a tiny stretch of Interstate 95. The fully automated system is housed in a recreational vehicle that is usually concealed behind a bridge. When state legislators heard of the town’s plan, they unanimously enacted a law to prohibit the use of speed cameras (view law).

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By on December 15, 2010

A federal judge last week overturned the result of a traffic stop in Baltimore, Maryland after the reason for the stop was found to be bogus. On January 26 at around 1:30pm, Baltimore City Police Officers Jimmy Shetterly, Frank Schneider, and Manuel Moro ordered a white Ford Crown Victoria with tinted windows to pull over while driving on Pennsylvania Avenue near Mosher Street. As part of the Central District Operations Unit, the officers saw their mission as “proactive crime fighting” and instead of waiting for calls, their mission was to go and find a crime. The officer sitting in the back seat of the patrol car found one in the form of a claimed vehicle defect.

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By on December 14, 2010

The red light camera program in Cleveland, Ohio faces serious legal trouble as the state’s second-highest court ruled Thursday that a class action lawsuit could proceed. In its decision, a three-judge panel of the Ohio Court of Appeals for the Eighth Appellate District overturned a county court ruling that had blocked a class action challenge to the city’s issuance of photo tickets to the drivers of leased vehicles. The appellate court insisted that the case had merit as did a federal appeals court in a separate case decision over Cleveland’s automated ticketing machines handed down last month (view ruling).

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By on December 13, 2010

A federal judge sided yesterday with a traffic camera company by blocking anti-red light camera referendum sponsors in Houston, Texas from participating in an ongoing legal challenge. US District Court Judge Lynn N. Hughes will decide whether the November 2 vote of Houstonians against traffic cameras should be nullified. Hughes will now make his decision based solely on the arguments presented by supporters of photo enforcement — the city of Houston and American Traffic Solutions (ATS).

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By on December 10, 2010

Opposing factions in the Missouri General Assembly have emerged ready either to authorize or prohibit the further use of automated ticketing machines in the state. One one side, state Representative Tim Meadows (D-Imperial) has been wined and dined by lobbyists for the photo ticketing industry and, in return, has filed legislation specially crafted to expand the use of speed cameras while appearing to be a “limitation” on their use.

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By on December 9, 2010

A watchdog group last week filed a complaint with Canada’s privacy commissioner and the Manitoba Ombudsman’s Office over the city of Winnipeg’s refusal to release data about its photo enforcement efforts. Over the past five months, WiseUpWinnipeg had filed three separate requests for basic information under under a freedom of information law known as FIPPA, but city officials have refused to comply.

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By on December 8, 2010

Red light cameras are nowhere near as popular as they once were with Golden State municipalities. Loma Linda and Whittier became the most recent examples of California cities unplugging their automated ticketing machines after noting that the devices both failed to reduce accidents and generate the promised amounts of revenue.

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By on December 7, 2010

The top cop in the city of Washington, Missouri admitted last week that there is no evidence that red light cameras have made a change for the better. Police Chief Kenneth W. Hahn compiled accident information from 36 months prior to camera installation for comparison with 33 months of after data. The results were not favorable.

“It is impossible to determine if the cameras have had an obvious impact on safety since prevention is an intangible outcome; in other words we don’t know if we prevented an accident or not because it didn’t happen,” Hahn wrote. “We can only look at the raw data and if the impact is significant, then it is an obvious result. Provided the next three months of anticipated accidents are included for an accurate comparison, it is my opinion the three year red light camera program has had little, if any, impact on the overall safety of the two intersections.”

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By on December 6, 2010

A civil rights think tank on Friday urged Albemarle County, Virginia to cancel its red light program. In a letter to county supervisors, the Rutherford Institute made the case that the contract the county entered into with Australian vendor Redflex Traffic Systems violates the law and will likely not achieve the stated goal of reducing accidents.

“The Redflex contract incorporates a so-called ‘cost-neutrality’ provision whereby the company’s compensation, up to the amount of the contractual monthly fee, hinges on the number of violations or monetary penalties imposed,” the group’s president, John W. Whitehead, wrote. “Regardless of how the fee arrangement is worded or structured, it is likely to be found in violation of Virginia law where the vendor has a financial incentive to ensure that a high number of citations are issued.”

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By on December 3, 2010

A veteran district court judge in Herford, Germany was ordered this week not to hear traffic cases after he dared question whether speed camera citations are being issued merely as a means of generating revenue. Judge Helmut Knoner faces two criminal charges for acquitting forty-two motorists last month after noting that the automated ticketing machines lacked a solid legal foundations and appeared to be installed by authorities with questionable motives.

“Many cities and municipalities are feeling the pressure of empty coffers and earn good money with photo radar,” Knoner stated.

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By on December 2, 2010

The US Court of Appeals for the Ninth Circuit on Tuesday reaffirmed a decision handed down in January (read decision) limiting the ability of police to taser motorists over minor traffic violations. Coronado, California Police Officer Brian McPherson blasted motorist Carl Bryan, then 21, with a 1200-volt taser during a traffic stop over a minor infraction on the Coronado Bridge near San Diego, five years ago. Bryan lost four of his front teeth and was hit with “resisting arrest” charges. He sued, claiming excessive force had been used.

“We concluded that Officer Brian MacPherson used excessive force when, on July 24, 2005, he deployed his X26 taser in dart mode to apprehend Carl Bryan for a seatbelt infraction, where Bryan was obviously and noticeably unarmed, made no threatening statements or gestures, did not resist arrest or attempt to flee, but was standing inert twenty to twenty-five feet away from the officer,” Judge Kim Wardlaw summarized.

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By on December 1, 2010

The Ohio Court of Appeals ruled on Monday that police do not need to obtain a warrant before attaching a GPS tracking device to anyone’s vehicle. The case arose after paid informants told the Butler County Sheriff’s Office that Sudinia Johnson was involved in selling cocaine. Acting on this information, Detective Mike Hackney attached a pager-sized GPS tracker to the undercarriage of Johnson’s white Chevy van.

The GPS unit uploaded information regarding the van’s location to a website that Hackney regularly checked. This information was used to follow the van from Chicago back to Ohio, with police prepared to make a traffic stop with drug-sniffing canines as soon as Johnson entered Butler County, as long as “they were able to find probable cause to make a stop,” according to Hackney’s testimony.

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