Category: Law and Order

By on January 24, 2011

The Tennessee General Assembly, which in past sessions has endorsed the use of speed cameras and red light cameras, is preparing once more to either expand or restrict their use. Bills introduced earlier this month provide the foundation for action that frequently takes a different turn after committee consideration.

Lobbyists for municipalities that use automated ticketing machines have a strong hold over the General Assembly and its committees. In 2008, municipalities joined forces with the camera industry to push through a measure authorizing photo ticketing. To deal with vocal opponents to the idea, then-state Senator Tim Burchett (R-Knoxville) drafted the bill in such a way that its wording appeared to be a ban on cameras. Similarly, attempts at placing limitations on camera use last year were watered down in the committee process to the point where the remaining “limits” merely reflected existing practices.

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By on January 21, 2011

The city council in Murrieta, California voted Tuesday to expand red light camera ticketing, and residents are not happy. Officials approved a three-year photo ticketing contract extension with American Traffic Solutions (ATS) and directed the private company to set up 24-hour video surveillance at each intersection. Local activists want to force a referendum onto the ballot to let residents decide whether those devices should be unplugged.

“I’m just so fed up with this,” Diana Serafin told TheNewspaper in an interview. “It’s the $500 fine and big brother watching you. To make an intersection safe, you need longer yellows and a longer all-red period. The city says they want the intersection safe, but cameras cause more rear end accidents. So I’m fighting back.”

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By on January 19, 2011

Red light cameras in League City, Texas have failed to reduce accidents according to preliminary data provided by the Texas Department of Transportation (TxDOT). Since October 2009, the Australian firm Redflex Traffic Systems has issued citations at three intersections along FM 518. Local activist Byron Schirmbeck analyzed TxDOT reports and found the number of accidents at these locations increased after camera installation. In November, Schirmbeck led the November successful referendum effort twenty miles away in Baytown where voters rejected the use of automated ticketing machines.

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By on January 18, 2011

The residents of six cities with a combined population of over 2.7 million voted last year to outlaw the use of automated ticketing machines on their streets. The photo enforcement industry is now working overtime to make up for lost ground by expanding operations into states where neither red light cameras nor speed cameras have been well received. Lobbyists are hopeful that Indiana could be the next state to reconsider.

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By on January 16, 2011

The first of some 400 lawsuits pending against Toyota in the wake of the unintended acceleration scandal will go to trial by 2013, reports Bloomberg. U.S. District Judge James V. Selna has asked plaintiff lawyers to select “bellwether” cases from the hundreds of personal-injury, wrongful-death and economic-loss suits pending against Toyota to go to trial by 2013. Selna didn’t specify what types of cases would become bellwethers, cases which crystallize the case’s arguments and provide precedent for damages in other cases, but he did state that evidence discovery for them should be wrapped up in 2012. But before any of the federal trials open, there are still state-level trials to be heard. According to Bloomberg

Selna told the lawyers today that two state-court cases involving sudden-acceleration allegations are scheduled to go to trial in Texas in February and March of next year. Wylie Aitken, who is the attorney maintaining a liaison with state cases, said during a break in the hearing that both of those cases are personal injury claims.

By on January 10, 2011

California courts continue to find the evidence provided by photo enforcement citations to be lacking. In both Orange, and San Mateo Counties, appellate division judges found the images presented in court by private vendors to be inadmissible hearsay. Late last month, Kern County joined the growing number of jurisdictions troubled by the quality of traffic camera evidence packages.

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By on January 6, 2011

A Delaware superior court judge took a stand last month against the warrantless police use of GPS devices to record the movements of drivers. Judge Jan R. Jurden issued her ruling in the case of Michael D. Holden who was arrested on drug charges in February 2010 as a result of information obtained from a tracking device.

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By on January 5, 2011

The story of Dimitrios Biller has been one of the more colorful sideshows in last year’s media-scourging of Toyota, complete with a “book of secrets,” accusations of corporate criminality, counter-accusations of mental instability and a congressional pissing match. But with the Toyota media circus long gone, it now seems that l’affaire Biller was just another distraction from the mundane truth of the unintended acceleration scare. As the Detroit News reports, Biller and Toyota’s legal struggle is over… and Toyota, not Biller, is going to get paid.

Biller, a California attorney who worked at Toyota Motor Sales USA for four years, from 2003 to 2007, and Toyota had agreed to have their disputes settled by binding arbitration, which limits the grounds for appeal.

Biller had sued Toyota for defamation and fraud, while Toyota had sued him for violating confidentiality and severance agreements.

Gary Taylor, a retired judge serving as the arbitrator, concluded in a final award that Toyota should receive $2.5 million in damages from Biller for 10 disclosure violations, plus $100,000 in punitive damages.

“The evidence showed that Toyota suffered, and will continue to suffer, multiple harms from Mr. Biller’s contract breaches,” Judge Taylor wrote.

He also ordered Biller to return documents, including attorney-client documents, he’d taken from Toyota and allow the company to inspect his computers.

By on January 4, 2011


The first southern New Jersey municipality to issue a red light camera ticket admitted last week that it issued 12,000 tickets worth $1 million at an intersection where the yellow light time was illegally short. At the intersection of William Dalton Drive and Delsea Drive, motorists were given just 3 seconds of yellow warning before the camera began snapping — as opposed to the 4 seconds mandated by state regulations. Mike Koestler, the former mayor of Harrison Township, caught the error after receiving a ticket.

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By on January 3, 2011

Port Lavaca, Texas residents want the opportunity to vote on the future of red light cameras in the Gulf Coast city of 12,000. Activists who formed the group Port Lavaca Citizens Against Red Light Cameras circulated a petition that would force an up or down vote regarding camera use onto the ballot. Under the city’s charter amendment rules, the group needed to secure 289 signatures. It collected 519, plus another one thousand signatures of support from motorists in the surrounding community.

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By on January 2, 2011

So. Yesterday, Jan 1, was the first day of the grand car rationing in Beijing, China. From now on out, only 20,000 new vehicles per month are allowed onto Beijing’s roads. (If you trade old for new, this rule doesn’t apply.) And what did Beijingers do? Take a taxi? The subway? No, they swamped the system. Read More >

By on December 29, 2010

Chrysler’s bailout-era dealer cull has ended up being something of a nightmare, with a number of dealers successfully fighting for reinstatement as federal investigators look into possible criminal wrongdoing. And whereas GM has basically rolled back much of its dealer cull, Chrysler has consistently used arbitrary calculi for closing dealers and has resisted giving dealers the opportunity to reclaim their franchises. Now, the dealers that have won reinstatement in congressionally-mandated arbitration hearings are facing a new threat: relocation. Automotive News [sub] reports that Chrysler’s method of dealing with reinstated dealers is to force them to relocate wherever Chrysler wants them to go. Chrysler has filed a request in a Michigan District Court, asking for the ability to relocate some 20 dealers in 6 Midwestern states, a move it says it must undertake in order to protect its non-culled dealers. But, having picked the winners and losers among its dealers only to see some of them reinstated, shouldn’t these reinstated dealers be afforded the same rights as the dealers who weren’t culled in the first place?

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By on December 28, 2010

Speed camera operators in the UK are looking to hike costs for “educational courses” and redeploy cameras to more lucrative locations to address a growing budget deficit. The options for the Thames Valley Safer Roads Partnership were discussed in an August 11 strategy meeting, the minutes for which were obtained from a freedom of information request. The partnership consists of local police agencies, local council members, the courts and the staff who run the speed cameras themselves.

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By on December 27, 2010

Motorists in Washington, DC may have been falsely accused of driving under the influence of alcohol (DUI) for more than a decade as a result of faulty “Intoxilyzer” breath testing equipment. Whistleblower Ilmar Paegle, a veteran police officer now working as a contract employee for the District Department of Transportation, argued in a memorandum to the city’s attorney general that the breath testing machines have not been properly calibrated since 2000, as first reported by WTTG-TV.

To date, the District has only admitted to bogus breathalyzer results taken between September 2008 and February 4, 2010. Of 1100 cases prosecuted in that period, 300 were convicted based on evidence provided by faulty machines.

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By on December 23, 2010

A federal class action lawsuit was filed Monday against the notorious speed camera trap in Ridgeland, South Carolina. Three law firms teamed up to make the case against the town’s outspoken mayor, Gary Hodges, members of “the local police department and iTraffic, the private company that operates the cameras on Interstate 95. The case was filed on behalf of residents of Greer, South Carolina; and Dunnellon and Kissimmee, Florida.

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