Category: Crime & Punishment

By on July 16, 2010

Tickets are no longer being mailed based on evidence created by freeway speed cameras in the state of Arizona. After a year-long campaign against the devices, activists from the group CameraFraud.com succeeded in convincing Governor Jan Brewer (R) to end the photo enforcement contract that her predecessor, Janet Napolitano (D) signed. As a result, the cameras were remotely shut down at 12:00am today.

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By on July 15, 2010

The New Jersey Supreme Court unanimously decided yesterday to clarify the circumstances under which a judge can suspend a driver’s license over a traffic violation. The high court previously had offered no guidance on the subject, leaving lower courts with the discretion to take away the right to drive from motorists for any reason. This happened to Laura Moran who received a 45-day suspension for a reckless driving incident that took place August 3, 2007 at 3am in Aberdeen Township.

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By on July 14, 2010

A sheriff’s deputy in Noble County, Indiana blew a case against a man suspected of driving under the influence of alcohol (DUI) after he drew his gun on the motorist without probable cause. The state court of appeals on Friday tossed the felony drunk driving conviction of Daniel C. Reinhart because of the actions of Deputy Carey Coney around 3am on August 6, 2008.

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By on July 13, 2010

The Appeals Court of Massachusetts last month confirmed the principle that a police officer has no more power than any other citizen outside of his legal jurisdiction. The decision came in the context of an August 4, 2006 incident where Joseph Limone was driving his Oldsmobile on Montvale Avenue in Woburn just past Interstate 93. Limone rear-ended the car in front of him, which just happened to be driven by a uniformed police officer.

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By on July 12, 2010

According to AZfamily.com, Arizona’s controversial freeway speed cameras will come down this week, as a result of governor Jan Brewer’s decision to not renew the state’s contract with Redflex. In addition to public opposition to the cameras, a lack of revenue flowing to the state appears to have been a factor in the decision to shut down the cameras. Apparently, the cameras generated over 7,000 tickets in their first year of operations, but because so many motorists simply ignored the tickets and the state didn’t have enough process servers, only about $30m of the estimated $90m in fines that should have been generated by those tickets was actually paid to the state. Arizona’s freeway speed cameras should be deactivated by this Friday.

By on July 12, 2010

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.

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By on July 9, 2010

Did someone say that the Chinese are good at – how shall we put it – warming up to foreign ideas? Ray LaHood’s revenue-generating ideas must have impressed the hell out of the Chinese. I can just imagine the discussion: “Come on, the Americans raise the penalty from $16.4m to $200m, so why can’t we? It’s in the name of safety. Ni dong bu dong?” Now therefore, “the Chinese government is set to impose much stricter penalties on automakers if they hide problems with their vehicles to avoid recalls,” reports The Nikkei [sub].

So far, automakers got away with a financial slap on the wrist. Under current rules, introduced in 2004, covering up automotive defects can cost a pittance of $4430, max, no matter how many cars are affected. Under newly proposed rules, hiding a defect could downright wipe out an automaker in China. Read More >

By on July 8, 2010

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.

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By on July 7, 2010

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.

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By on July 6, 2010

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.

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By on July 6, 2010

Toyota’s having some pretty rotten luck recently. First was “acceler-gate”, the mass hysteria of how Toyota cars were going out of control and murdering innocent people. Then came stories of people blaming Toyota cars for accidents, when in reality it was the driver’s fault (or in the case of Jim Sikes, a scam). You would have thought this would pour oil over troubled waters for Toyota, right? Nope. The malaise continued. Then came the public humiliation of the senate hearings. Did anybody in the media point out the conflict of interest for the senate? Well, if they did, nobody listened. So, while Toyota is fire fighting in North America and is having a bit of a rough time in Europe, at least things are OK in Australia. A market where Toyota  dominated for 5 years. Well… Read More >

By on July 1, 2010

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.

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By on June 30, 2010

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.

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By on June 29, 2010

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).

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By on June 29, 2010

The NRA, the Pope, Porsche and Piech, all eyes were on the Supreme Court for the last few days: Gun owners watched the Chicago case (right to arm bears upheld.) Accountants and CPAs monitored the treatment of their favorite boondoggle, a.k.a. Sarbanes-Oxley (upheld.) Rome said “oh my God” when they heard that a lawsuit that accuses the Vatican of conspiring with U.S. church officials to cover up sex abuse could proceed. Meanwhile, Germany’s attention, from Zuffenhausen to Wolfsburg, was fixated on Morrison v. National Australia Bank, No. 08-1191.  The Supreme Court seriously frustrated attemps by overseas investors who want to drag non-American companies into American courts. Champagne corks popped at Volkswagen and Porsche. The Guardian: “America’s supreme court has told prospective European claimants to take their claims back to Europe.” So what does that have to do with Porsche? Read More >

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