Category: Law and Order

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 >

By on June 28, 2010

A woman driving between Texas and Montana was stopped in South Dakota for the crime of driving with too many cats. In the case known as “South Dakota v. Fifteen Impounded Cats,” that state’s highest court ruled Wednesday that the feline seizure was the appropriate response. On August 13, 2009 at around 11:15pm, a Pierre policeman had stopped Patricia Edwards as she was backing out of a parking spot. Edwards, broke, was living out of the car with fifteen cats and all of her personal belongings.

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By on June 25, 2010

The city council in Mukilteo, Washington voted on Monday to reverse itself on the issue of photo enforcement. After over 1909 voters signed a petition to call for an election to ban red light cameras and speed cameras, council members began to have second thoughts about their contract with American Traffic Solutions (ATS) to operate automated ticketing machines. ATS also operates in the neighboring town of Lynnwood.

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By on June 24, 2010

What do you call it when you roll through a stop sign with only a perfunctory tap on the brakes? Here in Oregon, the name “California stop” seems to have stuck. But it turns out that Oregon’s petty provincial put-down may just be a backhanded compliment. According to Gary Lauder, stop signs suck and should be replaced, if not ignored. And you know what? He’s got a hell of a point. Check out his recent presentation from the TED conference, and contemplate the possibilities of a post-stop sign world.

By on June 24, 2010


The Oregon Court of Appeals earlier this month threw out a commonly performed roadside sobriety test as unscientific. A divided three-judge panel found the accuracy of vertical gaze nystagmus in establishing drunkenness remained unproven in the eyes of the court.

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By on June 23, 2010

Fewer 16-year-olds are registering for driver’s licenses in Illinois, according to Chicago Breaking News… but why?

[In 2006] Illinois lawmakers doubled the number of hours — to 50 from 25 — of adult-supervised driving required before a driver with a learner’s permit could get a license. The next year, the number of 16-year-olds with licenses dropped by nearly 5 percent — to 74,675 from 78,250 — even though the state’s teen population increased.

Then, on Jan. 1, 2008, Illinois imposed a sweeping overhaul of teen driving laws, the heart of which tripled the length of time — to 9 months from 3 months — a teen driver must possess a learner’s permit before acquiring a license. That year, the number of 16-year-olds with licenses dropped again, this time by 17 percent, to 61,862.

The decrease is continuing. The Illinois secretary of state’s office estimates that fewer than 60,000 driver’s licenses were issued to 16-year-olds in 2009.

The usual economy and internet-based explanations are trotted out, but it seems that mandating supervised driving hours keeps kids out of cars. And though that’s good news for Illinois drivers, it’s certainly not a trend that the auto industry wants to see followed. After all, safety is a box on an option list, not something that reduces demand for cars, right? On the other hand, just because kids aren’t registering for driver’s licenses, doesn’t mean they’re not driving. Should we do away with mandatory supervision to drive the market for cars, or should supervised hours or a more thorough form of mandatory training be instituted? Or, should the legal driving age simply be moved up to 18? Better yet, forget the politics: do you let your 16 year-old drive, and if so how do you prepare them?

By on June 22, 2010

A red light camera company faces being fined for running an illegal operation in the state of South Dakota. Last Tuesday, a circuit court judge ruled that Redflex Traffic Systems and the city of Sioux Falls violated state law and the US Constitution when they set up automated ticketing machines without approval from the state legislature. The question of whether Redflex is financially liable, and to what degree, will now be determined by a jury.

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By on June 16, 2010

Before the TREAD act came about in the year 2000, I had a PowerPoint chart showing the inside of a U.S. jail, along with inmates (I won’t show the image to avoid a discussion of racism). The headline was: “This is where your career can end.” It was for internal Volkswagen consumption only. Somehow, imprisonment never became law. This was then, this is now: If Washington lawmakers get their wish, managing a car company can imperil  livelihood and freedom of the top managers. Read More >

By on June 15, 2010

A bipartisan effort to overturn a controversial Ohio Supreme Court ruling garnered the support of twelve of the state Senate’s thirty-three members in just four days. Senators Tim Grendell (R-Chesterland) and Capri S. Cafaro (D-Hubbard) jointly introduced legislation on Thursday that would forbid police from issuing speeding tickets based solely on the officer’s best speed guess.

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By on June 14, 2010

A lawsuit brought in California against Toyota led to the disclosure of allegedly damning documents that could cost Toyota another huge fine if the documents contain what the lawyers say. Unless lawyers (or the media) were asleep at the wheel. According to USA Today, these documents “point to possible delays involving an earlier safety issue, one that could result in loss of steering control.” USA Today says records that are part of the lawsuit show that Toyota was dealing with cracking and breaking steering relay rods in the U.S. for at least 11 years before it recalled 330,000 pickups and SUVs in Japan to replace the rods — and 12 years before its 2005 recall of nearly a million similar trucks in the U.S.

Sounds kind of familiar. I’m not suffering from Alzheimer yet, so let’s go on a fact-finding mission to the TTAC archives … Read More >

By on June 10, 2010

Red light cameras in San Mateo County, California received a one-two punch as an appellate court and a grand jury called into question the way red light cameras operate in the county. On Monday, the San Mateo County Civil Grand Jury released a report suggesting that the eight cities within the county that use photo enforcement are preoccupied with revenue. The report found that although cities claimed their sole interest was safety, officials failed to furnish reliable evidence to back up the assertion.

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By on June 9, 2010

Appellate courts in California are becoming increasingly upset at the conduct of cities and photo enforcement vendors. On May 21, a three-judge panel of the California Superior Court, Appellate Division, in Orange County tossed out a red light camera citation in the city of Santa Ana in a way that calls into question the legitimacy of the way red light camera trials are conducted statewide. Previously, a string of brief, unpublished decisions struck at illegal contracts, insufficient notice and other deficiencies. This time, however, the appellate division produced a ten-page ruling and certified it for publication, setting a precedent that applies to the county’s three million residents.

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By on June 9, 2010

Salutations, my good friends of the United States of America!

I am Mrs. Cammu Cori-Ganacha, the third wife of the former Nigeria head of State who died on the 8th  of June, 1998. Under the strictest of confidence, I bring sad news that Automotive World are reporting that our good friends of Stuttgart, Daimler AG, are under investigation from the oppressive regime that is Nigeria’s Economic and Financial Crimes Commission for alleged bribes of 15 million of your U.S dollars. The alleged crimes of this upstanding and fine German company go back the 1970’s when they set up a joint with a local vehicle assembler called Anammco. Read More >

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