The US Supreme Court ruled 27 years ago that police could not forcibly enter someone’s home over suspected drunk driving. The Fourth District US Court of Appeals in an unpublished decision is looking to change the precedent. A three-judge appellate panel considered the case of Alan J. Cilman who had filed a false arrest lawsuit after Officer M.A. Reeves busted down his door, without a warrant, on October 3, 2004.
In a newsletter to members of Local 598, an editor revealed an interesting wrinkle in the recently-ratified contract negotiations, writing
With the option of strike off the table and the government still a part of our negotiations (literally sitting in the room with us ‘observing’ our talks), I don’t believe any better agreement could have been reached,
But now, reports Bloomberg [via Automotive News [sub]], local shop committee person Dana Rrouse insists that there was not actually a government official present at union negotiations. He tells the news service
That was a misprint. I didn’t get to proofread it. It went out and then I said ‘Where did you get that from?’ I mean, I talked about us still being under government, but nothing as far as they were sitting there.
The government still owns a large portion of GM’s stock, but it too says it was not involved with negotiations with the UAW. Which is probably the right position to be taking: with so much acrimony generated by the latest round of negotiations, there are few reasons to be associated with them. Still, it’s strange that such an explosive “misprint” should have made its way into a union newsletter. Even if the government were not involved in the slightest, as it insists it was, there’s clearly a perception among UAW members that the government remains a consistent presence in the auto industry.
The Brazilian government must have borrowed several chapters from Vladimir Putin’s playbook on industrial policy. Reuters has it that the Brazilians are using the same strong-arm tactic as Russia: Invest heavily in-country and steep taxes on imported cars will go away. Don’t invest in Brazil and kiss your bunda adeus. Read More >
The Chevy Volt fire rumors started early this week, when the utility company Duke Energy told its customers to stop using their Chevy Volt home chargers after an October 30 fire. At last word, NHTSA said that
No conclusions have yet been reached regarding the cause of the fire. We are continuing to monitor the situation.
But it seems that the investigation is coming home, as Bloomberg just reported that a Chevy Volt caught fire at a NHTSA facility, shortly weeks after being crash tested.
The Volt caught fire while parked at a National Highway Traffic Safety Administration testing center in Wisconsin, three weeks after a side-impact crash test, said an agency official. The official, as well as the three other people familiar with the inquiry, said they couldn’t be named because the investigation isn’t public.
The fire was severe enough to burn vehicles parked near the Volt, the agency official said. Investigators determined the battery was the source of the fire, the official said.
Ruh-Roh!
Automated ticketing vendor American Traffic Solutions (ATS) filed suit Tuesday against Knoxville, Tennessee for its failure to issue tickets for turning right on a red light — and that is costing the company a lot of money. A state law took effect in July banning the controversial turning tickets, but the Arizona-based firm contends the law should not apply to their legal agreement with the city, which anticipated the bulk of the money to come from this type of tickets.
Municipalities were disappointed in August when Attorney General Robert J. Cooper Jr shot down the argument that this statute somehow did not apply to existing contracts, writing that “the parties have no vested right in a particular level of revenue” (view opinion). ATS disagrees.
Washington State ballot initiative guru Tim Eyman vowed Wednesday to put even more pressure on municipalities he sees as dependent on automated ticketing revenue. Eyman is feeling good after voters on Tuesday rejected cameras by comfortable margins in three of three contests on Tuesday. Larger jurisdictions are now in his sights.
“For us, it’s full steam ahead,” Eyman told TheNewspaper. “I’m gung-ho to do a couple more cities and keep the ball rolling. I’ve never found a more effective way to lobby the legislature than to say, ‘You either do it, or we’re just going to pick you off one city at a time.'”
Voters in eight cities in three states cast ballots Tuesday to decide whether red light cameras and speed cameras should be used in their communities. Seven of the races went against the use of photo ticketing.
The night’s first results came from Ashtabula, Ohio where 60 percent of residents approved an amendment to the city charter stating that the city “shall not use any traffic law photo-monitoring device” unless a police officer personally issues the citation.
“I feel that the citizens of Ashtabula stood up,” Mark Leatherman, chairman of the Citizens of Ashtabula Camera Committee told TheNewspaper. “We had the police chief attacking and fighting citizens on this issue on Facebook. We stuck to our guns to get this passed.”
Sixty-one million dollars a year is a lot of money. That is the revenue Chicago’s red light camera program program generated in 2010. Based on reports from the Chicago Department of Transportation (CDOT), a proposed speed camera enforcement program being pushed by Mayor Rahm Emanuel (D) would make the city’s red light camera program look penny ante in comparison.
The Expired Meter obtained the results of three studies conducted by CDOT over the past few years which shed light on how lucrative the speed camera business could be for Chicago. Data from these reports seem to indicate that revenue from speed cameras could generate hundreds of millions of dollars in fines for a desperate, cash-strapped city.
Refusing to get out of a vehicle during a traffic stop does not justify a search of the automobile, the California Court of Appeal ruled Friday. The three-judge panel further developed the US Supreme Court’s finding in Arizona v. Gant that arresting a motorist does not automatically authorize a warrantless search.
An Oregon man attempted to escape conviction for driving under the influence of alcohol (DUI) by claiming he was “sleep driving” and not responsible for his actions. On Wednesday, a three-judge panel of the state Court of Appeals shut down the argument as utterly irrelevant. Even if what he said were true, driving while drunk and asleep would still be a crime.
Back in 2005, Ford was ordered to pay some $43m to the Jablonski family whose Lincoln Town Car had caught fire after being rear-ended. According to the Associated Press:
As a result of the crash, according to the ruling, a large pipe wrench in the Jablonski car’s [trunk] was propelled into the vehicle’s gas tank, causing the blaze.
Attorneys for the family argued during the 11-day trial that the fuel tank’s positioning behind axle was among things flawed in the car’s construction, and that Ford should have warned car owners or retrofitted the vehicles with safety devices.
Ford countered that no similar accidents had occurred involving the same Town Car model as the one driven by John Jablonski, that the vehicle’s fuel tank was in “the optimum location for that car,” and that the crash should be blamed on the motorist who rear-ended the Jablonskis.
That ruling, with its echoes of the Pinto fiasco, could have validated a long-cherished belief of the personal injury attorney profession: that gas tanks rear of the rear axle are fundamentally dangerous (see above). Of course that’s not the case, and the Town Car in question was given a five-star safety rating by NHTSA. Accordingly, the Illinois Supreme Court threw out the ruling, finding that
the lawsuit on Dora and John Jablonski’s behalf did not give sufficient evidence for a jury to conclude Ford negligently “breached its duty of reasonable care” in designing the Lincoln Town Car
Advocates of diverting tax money raised from motorists on mass transit insist doing so is essential for protecting the environment. Data published in August by the UK Department for Environment, Food and Rural Affairs (DEFRA) show that buses outside London produced an average of 221 grams per kilometer of greenhouse gas emissions. This is more than the figure given for small gasoline-powered cars, 210. Small and medium diesel-powered cars also beat the bus with scores of 172 and 215.
“Perhaps those who criticize lone car drivers should turn their attention to empty off-peak buses instead,” Association of British Drivers environment spokesman Paul Biggs said in a statement. “Although buses provide an important public service, even London can only manage an average occupancy of around fifteen passengers. Modern efficient cars outperform buses not just for CO2 emissions, but for genuine pollutants as well.”
Many Florida municipalities now regret jumping the gun and installing red light cameras before the state legislature authorized their use in 2010. The Hallandale Beach city commission will vote later today to approve a settlement of $375,566 to be repaid to vehicle owners who were mailed tickets before the program was actually legal. American Traffic Solutions (ATS), which controlled the program, will pay $43,221 — its proportional share of the amount.
Motorists searched during a traffic stop may find their iPhone data electronically grabbed by police in ways that would not be possible or acceptable with written material. Some police departments, including the Michigan State Police, are equipped with a mobile forensics device able to extract images, videos, text messages and emails from smartphones. In some cases, the device is able to bypass password protection. Several states have been reluctant to curtail law enforcement access to this information.
Residents of Austin, Texas may soon have the power to issue parking tickets by taking a few photographs of someone else’s car with their smartphones. A unanimous council voted on October 20 to explore the concept of deputizing vigilante meter maids using an iPhone app. Disabled advocates pushed the program at the council meeting in the hopes of guaranteeing easier parking. They were joined by others who were just interested in writing the $511 tickets.
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