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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

#51
post #8

Earlier quoted context omitted.

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).

They are not required to know who is driving their registered vehicle at all times, just that anyone that is allowed to drive it has a license.

What are some scenarios where a vehicle owner knows that the vehicle is being driven by someone with a license, but not who that person is?

Re: Florida judge rules red light camera tickets are unconstitutional

#52

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…

[deleted]

Re: Florida judge rules red light camera tickets are unconstitutional

#53

The problem with red-light cameras is that enforcement becomes robotic. Robots are perfect—they don’t make mistakes (at least in theory), and they don’t show leniency. If policing is done by robots, then humans are expected to be infallible.

> If policing is done by robots, then humans are expected to be infallible

The reality is that the people doing the policing are counting on humans not being infallible

Fines have become an important revenue stream, that's why they are being automated.

Now that this is becoming more widespread, there's a perverse incentive for governments to maximize the difficulty in avoiding fines. Lower the speed limit on roads designed for higher speeds for "safety", etc

Re: Florida judge rules red light camera tickets are unconstitutional

#54
post #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…

This is funny quote. Is the driver even disputing that they were the driver? They seem like they're just mad they got caught.

Maybe they just stop running red lights?

Re: Florida judge rules red light camera tickets are unconstitutional

#55

We have red light cameras here in Tampa. I don't know all the details of what it takes to make a right on red and not get a ticket, so I do exaggerated stops to be sure. I know what the law claims but that doesn't matter. The real law is the actual (proprietary) code rumning in the machine. Not what the law says. Not what the contract says. Not what the requirements say. Not what the programmer thinks the code does.

This is the correct take. And it's frustrating! To fix the problem an individual has to fight a huge, multi-party system (law, jurisdiction, police, tech-provider) - it's a (near) impossible feat for a person.

Re: Florida judge rules red light camera tickets are unconstitutional

#56
post #16

Earlier quoted context omitted.

They have the right to question, but I don't have to testify to anything, that's what the fifth ammendment is for. As usual, Europe doesn't care about internal consistency when it comes to rights. They just legislate (or rule) whatever 'works' for the current definition of 'works'. > If someone shot a person with your gun, you gonna say it wasn't you and expect them not to question you further? Not very no-brainer, i…

It’s a very typically American opinion to argue that you don’t have to be personally responsible for your actions if the law legally allows you not to.

The state is so powerful that inviduals should be given such affordances, and should be allowed the put the state to strict proof.

Europe is a nonsense in this regard: you have rights, except all the special cases when you don't. You have a right to free speech, except for all the ways in which you don't. You have the right to silence, except when you don't.

Which is also true in the US, after all they restrict obscenity as a form of speech. It's just that they have much fewer exceptions.

Re: Florida judge rules red light camera tickets are unconstitutional

#57
post #10

Earlier quoted context omitted.

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…

> If someone shot a person with your gun, you gonna say it wasn't you and expect them not to question you further Running a red light is not remotely equivalent to shooting someone with a gun, get a grip

OK, so now write a law that makes a distinction here. What do you end up with? EU law.

Re: Florida judge rules red light camera tickets are unconstitutional

#58
post #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…

That somebody got nailed twice suggests to me that they are at least making borderline yellow-light decisions, if not running the red outright. I doubt they actually know anything about how tickets are handed out, claiming it's just some guy handing them out at random is flagrant cope.

Re: Florida judge rules red light camera tickets are unconstitutional

#59
post #10

Earlier quoted context omitted.

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…

In America, we have the fifth amendment, and the right not to divulge any information whatsoever unless we're granted immunity. It is enough to say absolutely nothing, and request the government to prove its case. If someone shot a person with my gun, I would invoke the fifth amendment, and ask the government to prove who did it beyond a reasonable doubt.

> If someone shot a person with my gun, I would invoke the fifth amendment, and ask the government to prove who did it beyond a reasonable doubt.

Sounds nice on paper, but unless you have an absolutely airtight alibi that's a great way to end up in jail. Oh, you were alone at home all night? Well, your neighbor is pretty sure they heard you come home unusually late, and a witness saw someone who kinda-sorta looked like you run away from the crime site, and the victim was sorta-kinda involved in your social circles, and there's video of victim bumping into you a few weeks ago in a bar and you reacting in what could be interpreted as an aggressive way - and it is your gun...

Or you could tell them who you loaned the gun to. Your choice.

Re: Florida judge rules red light camera tickets are unconstitutional

#60
post #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…

In North America, from what I understand, the issue is that the authorities need to verify your identity in order to ticket you and traffic cameras don’t do that whereas a police officer does.

I agree the automated systems are impartial, but they cannot ID you without it becoming super invasive.

In Europe and places with more omnipresent cameras, the laws are such that they can ticket you without needing to ID. The car gets the ticket so to speak.

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