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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

#551
post #549
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…

Speed camera tickets show up in the mail weeks after the fact. Say your entire family uses your car. You know who was driving the family car at 2pm on a random sunday five weeks ago? I'm guessing not...

I'm guessing many would recognise a family member or friend from the photograph of the person in the drivers seat though . . .

Re: Florida judge rules red light camera tickets are unconstitutional

#552

Earlier quoted context omitted.

The Haifa daycare study can’t be used to extrapolate much. They fined parents (IIRC) ~$3 per late pickup. Rerun the study with a $300 fine and let’s see how it pans out. It’s an interesting finding, but that then people take it to mean that fines don’t work (no matter their size) is insane.

I don't like paltry sums like this. $300 is a significant financial impact to someone who's barely making ends meet, and absolutely nothing at all to a billionaire. "If the penalty for a crime is a fine, then that law only exists for the poor." Make it a tiny % of net worth, with a modest minimum and watch EVERYONE obey. Or at least something meaningful to everyone, or don't make it a fine. Use some other carrot or s…

> I don't like paltry sums like this. $300 is a significant financial impact to someone who's barely making ends meet, and absolutely nothing at all to a billionaire.

One thing about daycares is that you will essentially never find "someone who's barely making ends meet" and "a billionaire" with kids at the same daycare, so a surcharge for out-of-normal-expectations service does not need to be designed to address both cases.

(In fact, you'll probably not find a billionaire with kids at any daycare, their hired childcare workers won't be shared with other people, and will probably be adequately compensated up front in a way which anticipates a fair degree of schedule variability.)

OTOH, with red light cameras, you also don't need to scale the fine to work with both, because the entire purpose is to bind the lower classes while exempting the upper from any substantial burden. (The least cynical explanation is that it is to discourage behavior which might incur liability grossly exceeding the mandatory level of insurance company by those least able to cover the cost of that liability, thereby avoiding uncompensated harms, but the realistic explanation is...not so generous.)

Re: Florida judge rules red light camera tickets are unconstitutional

#553

Earlier quoted context omitted.

Sure. Do it as an increasing-upon-recurrence, two part fee though. 1st offence = base fee 2nd offence = base fee + minimal % of wealth fee 3rd offence = base fee + higher % of wealth fee offences thereafter = goto 3rd offence until some breaking point condition like gaol/jail. Otherwise the rich will happily pay to do whatever the hell they want.

How about you prove your claim by providing some evidence that the richer you are the more speeding tickets you get. Otherwise you're solving for a problem that doesn’t exist.

Expensive cars tend to accelerate faster, and it can be vastly harder to feel the speed. It would be unsurprising if up until some limit there was a correlation between wealth and the frequency of getting speeding tickets.

Re: Florida judge rules red light camera tickets are unconstitutional

#554

Earlier quoted context omitted.

Are the speed limits set unreasonably low? Otherwise one could always try abiding to the speed limit.

Most US cities have lower posted speeds than average drivers’ perception of safe speeds.

Oftentimes comically lower. I remember in Chicago the interstates having posted speed limits of 45mph... the average flow of traffic outside of rush hour was easily north of 70mph.

Looking even at normal arterial streets, many streets in Seattle are marked 25, but you'd be hard-pressed to find even a cop going under 30 most of the time.

I truly don't understand US road design. The construction of the road and the posted speed limit almost never are even gently correlated other than on a few select residential side streets in a few select cities who have rebuilt streets based on safety studies.

Re: Florida judge rules red light camera tickets are unconstitutional

#555

Earlier quoted context omitted.

That quote is from the judge's decision: he considers that moving violations are quasi-criminal proceedings, and as such, that the protections for criminal prosecution apply, unlike in purely civil cases.

Where is the line drawn for criminal vs civil in nature? It feels like any civil case brought against an individual by a government is quasi-criminal.

Per the US Supreme Court in Hicks v. Feiock 485 U. S. 624 (1988):

>The substance of particular contempt proceedings determines whether they are civil or criminal, regardless of the label attached by the court conducting the proceedings.

>See Shillitani v. United States, 384 U. S. 364, 384 U. S. 368 -370 (1966); Penfield Co. v. SEC, 330 U. S. 585, 330 U. S. 590 (1947); Nye v. United States, 313 U. S. 33, 313 U. S. 42 -43 (1941); Lamb v. Cramer, 285 U. S. 217, 285 U. S. 220 -221 (1932); Gompers v. Bucks Stove & Range Co., 221 U. S. 418, 221 U. S. 441 -443 (1911).

>Civil contempt proceedings are primarily coercive; criminal contempt proceedings are punitive. As the Court explained in Gompers:

>The distinction between refusing to do an act commanded -remedied by imprisonment until the party performs the required act; and doing an act forbidden -punished by imprisonment for a definite term, is sound in principle and generally, if not universally, affords a test by which to determine the character of the punishment.

>221 U.S. at 221 U. S. 443. Failure to pay alimony is an example of the type of act cognizable in an action for civil contempt. Id. at 221 U. S. 442.

>Whether a particular contempt proceeding is civil or criminal can be inferred from objective features of the proceeding and the sanction imposed. The most important indication is whether the judgment inures to the benefit of another party to the proceeding. A fine payable to the complaining party and proportioned to the complainant's loss is compensatory and civil. United States v. Mine Workers, 330 U. S. 258, 330 U. S. 304 (1947). Because the compensatory purpose limits the amount of the fine, the contemnor is not exposed to a risk of punitive sanctions that would make criminal safeguards necessary. By contrast, a fixed fine payable to the court is punitive and criminal in character.

Re: Florida judge rules red light camera tickets are unconstitutional

#556
post #407

Earlier quoted context omitted.

I’m not sure if it was COVID or the social movements around the same time like defund the police. Here in Seattle when defunding the police was suggested the police department threatened to close the precinct in a large residential area. Basically they attempted to extort the voters. I think the police have realized that crime is good for them because the more of it voters see the more they think police are needed.

Vilify them, defund them, restrict them, reduce the number of officers to the lowest level in 30 years, and then when crime increases in the next few years .. was it maybe because of everything that was just done? No, that's not it, it's a grand conspiracy across every police officer in Seattle who coordinated/decided to be evil together and intentionally let crime spread. Yup, that all checks out.

I wasn't inviting another tired relitigation of the defund movement, only observing the apparent origin of police caring even less about crime.

Re: Florida judge rules red light camera tickets are unconstitutional

#557
post #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…

> They know the car was yours so, by extension, you should be aware of its whereabouts at any given moment.

This is an absurd assumption. I own many cars. Often, I'll borrow a car to a friend, I'm generally totally OK if they borrow it to other people. I don't care, and should not have to care, who those people are.

Also, for what it's worth, the government has no idea who owns any of my cars. EU registration certificates are typically not proof of ownership (are they in any EU country? I suspect quite possibly not). At best a government might be able to figure out the registered keeper of my vehicle, but they're not going to know anything about who drives the car.

>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?

If I say "it wasn't me" and refuse to answer further questions, I would expect them to stop asking me pretty quickly. Being excessively bothersome about asking further questions would be a clear violation of the ECHR.

Re: Florida judge rules red light camera tickets are unconstitutional

#558

Earlier quoted context omitted.

X% of net worth is still a bigger deal to someone with a net worth of $20 than to someone with a net worth of $20M, even though the latter may get some sticker shock. And it's possible (if rare) to have a reasonably middle-class lifestyle and an actually negative net worth. Presumably you would not make it possible to pay off student loans by repeatedly violating a red light, although it would be very funny.

> Presumably you would not make it possible to pay off student loans by repeatedly violating a red light I lack the context and knowledge to understand how this would work, but I am curious (enough to ask but not enough to google it, admittedly).

The joke being that if your net worth is negative the fine will be negative.

Re: Florida judge rules red light camera tickets are unconstitutional

#559
post #198

After reading the 21 page order, I do tend to agree with the judge The judge frames the red light camera scheme as a revenue generating scheme, not a public safety measure. Additionally, "A distinctive feature of the statutory scheme is its assignment of guilt to the registered owner rather than the driver of the vehicle". and "If there are multiple registered owners, the citation is issued to the 'first' registered…

Lol most of radars become mainly revenue stream, regardless of country or continent. Even mighty orderly Switzerland has some of that shit and its growing.

Where I live, there is one nasty radar placed so that people have to break rather hard, when leaving town as in few meters before end sign, on a steeply downhill slope, when there is just straight empty road ahead. Those who don't know get flashed frequently. There is no pedestrian crossing, no buildings, just empty fields. Locals complained and municipality said - sorry, we know, but its generating too much revenue and municipality needs that cash and became dependent on that. Basically FU. I know about few others in either Switzerland or France which have very nasty locations, in order to trap as many as possible, in places with 0 actual risk to anybody.

They also love putting temporary radars in some train underpasses which also go steeply down, so its trivial go few kms over the limit if you don't constantly brake and ie actually watch traffic around. Since they are well hidden and people see them at last moment and slam brakes hard, it properly increases risks of accidents, especially with mixture of cyclists or scooters/motorbikes. But that doesn't seem the priority anymore.

I am not saying they don't make sense in some places especially around pedestrian crossings, but its trivial to get 'addicted' to steady cash flow and then friction to change situation is maximal. Thats the point where it stops its primary purpose and becomes self-serving bureaucracy self-feeding loop.

Re: Florida judge rules red light camera tickets are unconstitutional

#560

Earlier quoted context omitted.

I don't like paltry sums like this. $300 is a significant financial impact to someone who's barely making ends meet, and absolutely nothing at all to a billionaire. "If the penalty for a crime is a fine, then that law only exists for the poor." Make it a tiny % of net worth, with a modest minimum and watch EVERYONE obey. Or at least something meaningful to everyone, or don't make it a fine. Use some other carrot or s…

X% of net worth is still a bigger deal to someone with a net worth of $20 than to someone with a net worth of $20M, even though the latter may get some sticker shock. And it's possible (if rare) to have a reasonably middle-class lifestyle and an actually negative net worth. Presumably you would not make it possible to pay off student loans by repeatedly violating a red light, although it would be very funny.

You’d be surprised at the numbers of people living middle-class lifestyles with negative net worth. Credit card debt, car loans (with a too-small down payment, a car purchase can easily cause one’s net worth to decline the second you take delivery on the car), underwater mortgages, not to mention student loans.
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