Blowing into a breathalyzer weakly is grounds to convict someone of the crime of refusal, according to a May 26 decision by the New Jersey Supreme Court. Refusal carries penalties nearly as severe as a conviction for driving under the influence of alcohol (DUI). On November 29, 2007 at 2:36am, Sergeant Joe Morgan of the Woolwich Township police department pulled over Aaron P. Schmidt after noticing that he was driving 10 MPH under the speed limit. Morgan administered the usual field sobriety tests and decided to bring Schmidt to headquarters for a breath test.
A campaign to reform or eliminate the use of red light cameras and speed cameras is heading up in Winnipeg, Canada. Earlier this month the group WiseUpWinnipeg kicked off the effort with a two-page, full-color advertisement in the Winnipeg Sun newspaper.
“Attention Winnipeg drivers, you are being deliberately deceived,” the ad warned. “The city of Winnipeg is engaged in a deliberate and dangerous campaign to induce photo enforcement violations and siphon your hard earned (cash).”
Reports from residents suggest Ridgeland, South Carolina is ready to concede defeat regarding the freeway speed camera system operated in defiance of state law. The large recreational vehicle used to mail tickets to travelers passing through the town’s seven-mile stretch of Interstate 95 is no longer as visible as it once was. Under attack in both the state legislature and the courts, Mayor Gary W. Hodges has yet to officially announce the end of his controversial ticketing program.
A US district court judge ruled Tuesday that James B. Ferrari had a point when he sued Suffolk County, New York over its seizure of his 2003 Ferrari 360 Spider. Ferrari was arrested on suspicion of driving under the influence of alcohol (DUI) in the city of Bellport on May 26, 2009. That gave county officials an excuse to grab a car that sold for $190,000 when new.
“Ferrari is not the most sympathetic plaintiff, to put it mildly,” Judge Joanna Seybert wrote, overruling the county’s motion to dismiss the case. “But the Due Process clause protects everyone — even repeated drunk drivers. Here, Ferrari has adequately pled that Suffolk County violated his due process rights.”
Red light cameras may disappear from the nation’s second-largest city. The police commission in Los Angeles, California voted 5 to 0 yesterday to deny renewal of the city’s photo enforcement contract with American Traffic Solutions (ATS). The decision is a stunning reversal for a program that has been in place for over a decade. Between 2004 and 2010, a private vendor has issued over 183,000 tickets worth more than $80 million. The problem is that the state’s share of that revenue is so great that the city claims it is losing money from the cameras, even though tickets are $476 each.
Napa, California has suspended all court action on red light camera tickets until June 13 at the earliest. The city is scrambling after a May 26 ruling by the Superior Court’s appellate division in Napa County that found the city violated state law by paying Redflex Traffic Systems based on the number of red light camera tickets the Australian company issued. The city is asking for a rehearing of the case, but if that is denied the suspension will last until June 28 while the city files an appeal.
Police in Louisiana slammed a 67-year-old man into the ground, arresting him over a questionable traffic violation. The state court of appeals ruled May 11 that Calvin D. Miller’s injuries were only worth $25,000 in compensation. Miller had been driving his big rig logging truck home to Florien on US Highway 171 at 5:30pm on July 13, 2007. As he passed through the Village of Hornbeck, Officers Kenneth Hatchett, Jr., and Andy Mitchell, 19, pulled him over because he began speeding up “about 100 feet” before the limit changed from 45 to 55 MPH. Having driven the road for the past forty-seven years, Miller was quite familiar with the speed limit. He insisted he was not speeding.
“I can see right now you’re going to need an attitude adjustment,” Officer Hatchett said to the five foot, six inch tall elderly man.
A November study by the University of Adelaide recommended that a commission be established to review the placement and use of speed cameras in South Australia. Last month, the state parliament rejected any suggestion that policies relating to automated ticketing could be questioned.
As part of a parliamentary internship program, a research report reviewed existing research and applied the findings to the road safety situation in South Australia. The results were provided to Ivan Venning, a Liberal Party member of House of Assembly, who attempted on May 19 to win approval for a select committee to examine the use and effectiveness of photo enforcement. During debate, Venning pointed out several other states were currently conducting reviews of their own.
AOL’s Translogic [via PopSci] takes a look at the LAPD’s brand-spankety new Chevy Caprice PPV, the born-again Pontiac G8 that you can’t buy at a dealership. But rather than looking at the Caprice’s cop car-creaming performance (as did the Michigan State Police), this report focuses on the LAPD’s high-tech toys… which could just make the Caprice’s V8, rear-drive abilities less necessary than ever. Still, between the Holden-powered, rear-drive performance, the footprint-spying night vision camera and the automatic license plate recognition system, the Caprice PPV will probably make you think twice about speeding the next time you’re visiting the City of Angels.
Police officers in New Mexico can take guns away from drivers who pose no threat. The state supreme court ruled on May 20 that “officer safety” is more important than any constitutional rights a gun-owning motorist might have. The ruling was handed down in deciding the fate of Gregory Ketelson who was a passenger in a vehicle pulled over on November 13, 2008.
During the stop, Hobbs Police Officer Miroslava Bleau saw a 9mm handgun on the back seat floorboard. Ketelson and the driver of the car were ordered out and away from the car while Officer Shane Blevins grabbed the gun. The officers later learned that Ketelson, as a convicted felon, could not legally possess a firearm. The court, however, only considered whether the officers acted properly in taking the gun before they had any reason to suspect Ketelson, who was entirely cooperative during the encounter, of committing a crime.
A government labor relations board in Australia yesterday upheld the firing of an employee busted for driving a speed camera van at more than double the speed limit. Stuart Rollo appealed to Fair Work Australia after he was terminated by Serco Traffic Camera Services in Victoria on December 10 for driving 102km/h (63 MPH) 50km/h (31 MPH) zone. On Thursday Commissioner G.R. Smith determined the firing was warranted by the circumstances.
The US Department of Justice is deploying all of its legal muscle to avoid paying the price after an FBI agent destroyed an exotic car during a joy ride. After nearly two years of trying to recover the money owed by the government, Motors Insurance Company filed a lawsuit against the government seeking the full $750,000 value of the wrecked 1995 Ferrari F50.
Justices of the Washington State Supreme Court on Tuesday openly questioned whether it was proper for a city and a photo enforcement contractor to thwart the initiative process on the issue of traffic cameras. The question has become increasingly relevant as activists in the cities of Longview and Monroe on Monday turned in signatures they believe will be sufficient to call for a vote on banning red light cameras and speed cameras. Less than a week ago, a Chelan County Superior Court judge ruled that activists in the city of Wenatchee were forbidden from attempting to bring the question of cameras to the voters (view ruling).
A circuit court judge in St. Louis, Missouri on Friday ruled the city’s use of automated ticketing machines violated state law. Since 2007, St. Louis gave the private company American Traffic Solutions (ATS) the right to issue tickets worth more than $30 million to the registered owners of vehicles that are photographed at local intersections. A class action suit by several motorists challenged the program on various legal and constitutional grounds.
Cincinnati motorist Thomas H. Starks spent nearly a year fighting a $150 speeding ticket he received from the Ohio State Highway Patrol. On Monday the arguments he made on his own behalf were vindicated by the state’s second-highest court. A three-judge panel threw out evidence provided by a Laser Technology Inc (LTI) UltraLyte laser speed gun on the grounds that state officials never bothered to certify its accuracy. Instead, they just assumed the certification of an older model, the LTI 20-20, would suffice.
Starks would not let that difference slide past the judge. On June 24, 2010, Trooper Eric Witmeyer had accused Starks of speeding on Interstate 75 in Franklin Township where the speed limit had been reduced to 55 MPH. Starks was put on trial on July 23, 2010. Starks insisted that the state had to prove the device was properly certified.
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