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Florida judge rules red light camera tickets are unconstitutional

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Re: Florida judge rules red light camera tickets are unconstitutional

#2
Seems the fact that it was a "red light camera" is completely irrelevant? The relevant part:

> The defendant argued the statute unconstitutionally requires the registered owner to prove they were not driving — instead of requiring the government to prove who was behind the wheel.

Bit like having to prove you weren't the one breaking in, rather than the police having to prove you were guilty.

In light of this, seems like a no-brainer no one could disagree with.

Re: Florida judge rules red light camera tickets are unconstitutional

#4
>"I've been ticketed here twice, and it's ridiculous because they it's just not fair," one driver said who didn't want to be identified. The person that does the determination when you ran the light, it's just a random. Whoever they want to pick, pick you to say, okay, you're gonna pay the ticket."

This is the opposite of my understanding of red light cameras. I always considered the supposed impartial application of the traffic law as the main benefit.

Re: Florida judge rules red light camera tickets are unconstitutional

#7

Seems the fact that it was a "red light camera" is completely irrelevant? The relevant part: > The defendant argued the statute unconstitutionally requires the registered owner to prove they were not driving — instead of requiring the government to prove who was behind the wheel. Bit like having to prove you weren't the one breaking in , rather than the police having to prove you were guilty. In light of this, seems…

I see your point, but these are civil tickets rather than criminal charges. And since there’s already many laws and regulations around owning a car, such as registration… isn’t it trivial to say “you are responsible for a car that you register by default”

In the same way, if your car fails emissions tests, you can’t register it and it’s the responsibility of the owner to ensure that their car meets emissions standards.

Re: Florida judge rules red light camera tickets are unconstitutional

#8

Seems the fact that it was a "red light camera" is completely irrelevant? The relevant part: > The defendant argued the statute unconstitutionally requires the registered owner to prove they were not driving — instead of requiring the government to prove who was behind the wheel. Bit like having to prove you weren't the one breaking in , rather than the police having to prove you were guilty. In light of this, seems…

If it's their vehicle and the vehicle wasn't stolen, the owner should know who was driving it. Courts do compel people to testify sometimes (when it is not self-incriminating).

Re: Florida judge rules red light camera tickets are unconstitutional

#10

Seems the fact that it was a "red light camera" is completely irrelevant? The relevant part: > The defendant argued the statute unconstitutionally requires the registered owner to prove they were not driving — instead of requiring the government to prove who was behind the wheel. Bit like having to prove you weren't the one breaking in , rather than the police having to prove you were guilty. In light of this, seems…

Not the same. They know the car was yours so, by extension, you should be aware of its whereabouts at any given moment. If it wasn't you driving, you know who. An illegal activity was committed using your tool and you know who did it. They have every right to question you. If you do not know, you testify as such, but then again you need to plausibly explain why was someone operating your car while you were not aware of it.

> In light of this, seems like a no-brainer no one could disagree with.

If someone shoots a person with your gun, you gonna say it wasn't you and expect them not to question any you further? Not very no-brainer, is it?

This is how it works in Poland and, I assume, most/all of EU and the rest of the world.

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