Category: Law and Order

By on July 29, 2011

Backers of ballot initiatives that would ban photo enforcement in a number of cities in Washington state are fighting back against municipal efforts to silence their vote. Traffic camera companies have become increasingly bold in their efforts to prevent the public from deciding whether red light cameras and speed cameras should be used in any given community.

American Traffic Solutions (ATS) scored its first victory in May when it found an activist judge in Chelan County willing to block residents from even filing a petition to their government regarding the use of traffic cameras in the community (read decision). Just days after the decision came down, the state supreme court discussed traffic camera initiatives, and several justices pointed out that blocking signature collection efforts would be a violation of the state constitution. Nonetheless, to bypass the legal blockade, initiative co-sponsor Matt Ericksonis circulating a second petition that schedules an advisory vote on taking down the cameras at every election until the devices are finally removed.
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By on July 28, 2011

Red light cameras are coming down in Los Angeles, California after midnight on Sunday. The city council yesterday voted unanimously to drop the program primarily over the county court system’s refusal to enforce unpaid tickets, depriving the city of millions in expected revenue. The council instructed the city attorney to work with American Traffic Solutions (ATS) to decide the cheapest way to remove the systems and process all tickets issued through the end of the month.

“We need to be clear about what we are doing here today with this particular vote,” Councilman Dennis P. Zine said. “I don’t want to give the wrong perception to the public that this program may continue in the future. As I noted, photo red light will be gone in four days. Cameras need to come down immediately to not create a smokescreen to affect the hope that we may turn them back on.”

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By on July 27, 2011

The LA Times reports:

The City Council voted unanimously Wednesday to halt Los Angeles’ controversial red-light camera program, which has ticketed more than 180,000 motorists since beginning in 2004. The program will officially end July 31.

The action followed a similar vote last month by the city Police Commission, which sought to drop the 32-camera program in part because of the difficulty in collecting fines.

But wait, the news gets better! Earlier today, the LAT helped bust the photo enforcement program wide open, reporting:

City officials this week spotlighted a surprising revelation involving red-light camera tickets: Authorities cannot force violators who simply don’t respond to pay them. For a variety of reasons, including the way the law was written, Los Angeles officials say the fines for ticketed motorists are essentially “voluntary” and there are virtually no tangible consequences for those who refuse to pay.

It’s a little more complicated than that, but those are the broad strokes.
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By on July 27, 2011

The one man most responsible for the spread of red light cameras in the United States is now enjoying the fruit of his labor. Richard A. Retting was New York City’s deputy assistant commissioner for traffic safety programs as the Big Apple considered becoming the first in the US to operate intersection cameras. Planning for the program began in 1983 and continued through 1991 when then-Mayor David Dinkins activated the system. For this achievement, Retting was dubbed the father of the red light camera in America, and today he is earning money directly from the systems that have followed New York’s lead.
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By on July 26, 2011

Over the last several years, Toyota has fought off suits by a firm called Paice, which claimed to own patents on technology used in Toyota’s hybrid drivetrains. Toyota settled that dispute a year ago, but now Bloomberg reports that another firm is going after Toyota’s hybrid Intellectual Property (IP). According to the report

Efficient Drivetrains Inc., based in Palo Alto, California, has an exclusive license from the University of California for use of the technology, including the way electricity is drawn from a battery to power an electric motor and an internal combustion engine, according to a July 20 federal court complaint filed by Toyota in San Jose… The five patents at issue also include technology, invented by EDI co-founder Andy Frank, on ways to control the power output of an internal combustion engine and a method to draw electricity to operate the electric motor and the internal combustion engine, together or separately depending on driving conditions

You can read Toyota’s complete filing here.

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By on July 26, 2011

A third jurisdiction in Orange County, California is taking steps to ban the use of red light cameras. Later today the city council in Orange will vote on the first reading of an ordinance that would deter future councils from considering the devices. The city of 136,000 residents has never used photo enforcement, but the council unanimously directed the city attorney’s office in October to come up with the most effective language to deter future councils from considering them.

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By on July 25, 2011

Driving with extreme care can be evidence of a crime, according to a ruling Thursday by the Wisconsin Court of Appeals. Motorist Kevin J. Burch was driving his pickup truck through West Salem at 12:44am when a police officer took notice. The officer watched as the truck slowed to a near stop at an intersection, even though there was no stop sign. At the next block, Burch again came to a full stop before proceeding. There was no other traffic nearby. The officer had taken a “drunk driving course” and found the driving suspicious — especially since he said it was “bar time.” The officer conducted a traffic stop.

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By on July 24, 2011

This handy pocket chart (print out and laminate), brought to you courtesy of the Freep, shows you the good and bad parts of the Detroit Metro when it comes to driving under the influence. We supply it in extra large, because- well, you know.

As you can see, in Detroit proper, the consequences of getting caught over the limit are pretty benign.

North of 8 Mile Road, matters get dicey. And the map tells only half of the story. Read More >

By on July 22, 2011

On Sunday red light cameras will begin issuing citations once again in Houston, Texas despite the election result of November where a majority demanded the devices be taken down. US District Court Judge Lynn N. Hughes continues to deny the ability of the sponsors of the anti-camera initiative, Randall Kubosh and Francis M. Kubosh, to defend their effort against an election challenge mounted by American Traffic Solutions (ATS). Hughes on Wednesday ordered several legal arguments by the Kuboshes erased from the record.

“In court pleadings, the Kuboshes may not denominate themselves as intervenors, counter-defendants, third-party defendants, respondents, or anything else that they are not,” Hughes wrote in a separate July 7 order striking another legal brief. “In public, they may call themselves whatever they want.”

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By on July 21, 2011

Public employees can take rides on toll roads at taxpayer expense, but these trips are not subject to disclosure according to a ruling Tuesday by the Pennsylvania Commonwealth Court. A three-judge panel denied the freedom of information request of the Harrisburg Patriot-News for E-ZPass transponder usage information data by for employees of the Pennsylvania Turnpike. On October 21 the paper sought details on the 2000 toll collectors who do not pay for use of the road, regardless of whether the travel was job related.

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By on July 20, 2011

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.

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By on July 20, 2011

Voters in Washington state will decide in November whether to slow down the state’s push toward tolling. Initiative 1125 prohibits lawmakers from diverting toll road revenue and other levies on motorists toward non-transportation purposes. It also forces politicians to vote directly on any toll hikes.

“If there’s going to be tolls, there has to be accountability and transparency,” initiative co-sponsor Tim Eyman of Voters Want More Choices wrote in an email. “It’s simply not too much to ask for taxpayers who are being forced to pay twice for their roadway infrastructure (the highest gas tax in the nation and tolls) that the legislature be required to follow the law and abide by the Constitution.”

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By on July 19, 2011

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.

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By on July 19, 2011

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 speeding ticket 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 >

By on July 18, 2011

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.”

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