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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

#681

Earlier quoted context omitted.

One might argue the intersection itself is the problem and should be redesigned, as well as adjoining roadways feeding into the offending intersection.

If it's consistently high something needs fixing. But accidents are random, there will always be some intersections that by pure chance have more accidents. Put cameras on those, presto, cameras "work".

Some intersections having more accidents by pure chance is kind of an oxymoron, imo.

Re: Florida judge rules red light camera tickets are unconstitutional

#682
post #404

Earlier quoted context omitted.

Right, many other countries let you point the finger at someone else. The problem is that in the US the government is not legally allowed to even issue a ticket unless they can prove that the person they are prosecuting is the guilty party. Merely being the owner of the car is not enough.

Being the registered owner makes the person responsible. The owner can state it being stolen, or driven by someone else as valid reasons

Right. I am completely aware that it works that way in many parts of the world, but in the United States of America it is unconstitutional _unless_ the state law makes it a completely civil infraction that is settled using a fine only. No points, no suspensions, no police interaction at all. Under Florida’s laws it is explicitly a misdemeanor for the _driver_ of a car to run a red light, so it is unconstitutional for a police officer or court to assume without proof that the _owner_ of the car was driving at the time the red–light camera took a photograph of the car.

I understand that this blows people’s mind. People in other parts of the world tend to think that they are just as protected from their government as we are in the USA, but the truth is that in practice their governments get away with a lot of crap that doesn’t fly over here. Sometimes our government gets away with some crap for a time, until the courts catch up. Sometimes the courts even make obviously wrong rulings. Judges are only human, so that is to be expected. But on the whole it’s a pretty good system.

Re: Florida judge rules red light camera tickets are unconstitutional

#683
post #643

Earlier quoted context omitted.

No, there is a difference. Parking tickets are civil infractions that can only result in a fine (or in some cases a tow, but let’s not get lost in the weeds). Running a red light, on the other hand, is a moving violation committed by the _driver_ specifically, not the owner of the vehicle. Moving violations can result in criminal penalties. Sending a ticket to the owner of the vehicle and then making them defend them…

I’m not European. Many countries have speed cameras. It differs how you’re caught. We treat a red light camera or speed camera violation as an infringement offence, like parking. If you’re pulled over, you can have your license suspended or be charged with reckless driving on the spot, because they know who you are. There’s no case, and no guilt, just a penalty. It’s not about guilt but responsibility. You’re respons…

If your country’s law says that the owner of the car commits a crime if the driver runs a red light, then ticketing the owner makes perfect sense. But in Florida the law says that the _driver_ has committed the crime. Therefore the _driver_ must be ticketed, not the owner.

Re: Florida judge rules red light camera tickets are unconstitutional

#684

Earlier quoted context omitted.

Two paths: Higher quality cameras equipped with facial recognition connected to a database to issue a ticket to the correct person (driver), or Hire more traffic officers to sit at traffic intersections to catch red light offenders, which will scale in cost by the size of the city, so Pick your poison

So this has been a thing in Germany since forever. The driver must pay the penalty, not the owner. So what they do is take a picture of the driver and send this to the owner. They have to either pay up, or state the name of the person who drove. If the driver claims that they did not drive and do not know the person on the picture (and if a cursory investigation fails, not sure how much time the authorities will inve…

Oh, that is a great third path! Thank you for that. I wonder how effective feigning ignorance will be when the officer can just compare the picture of you and your ID / IRL face.

Re: Florida judge rules red light camera tickets are unconstitutional

#685

Earlier quoted context omitted.

So this has been a thing in Germany since forever. The driver must pay the penalty, not the owner. So what they do is take a picture of the driver and send this to the owner. They have to either pay up, or state the name of the person who drove. If the driver claims that they did not drive and do not know the person on the picture (and if a cursory investigation fails, not sure how much time the authorities will inve…

Oh, that is a great third path! Thank you for that. I wonder how effective feigning ignorance will be when the officer can just compare the picture of you and your ID / IRL face.

Yeah it might only work in edge cases. Someone I know got caught speeding in his wifes car wearing a hat and sunglasses and looked to the side at the time, so he managed to get out of it somehow.

Re: Florida judge rules red light camera tickets are unconstitutional

#686
post #260

Earlier quoted context omitted.

Why not just drive under the speed limit and sober instead of giggling about avoiding penalties while endangering us all? Note that not once did you mention that you were innocent.

I was not drunk, I haven’t had a drink in over 10 years and I’ve never driven drunk. I did not say I was innocent of the violation because I was not innocent, I never claimed to be.

Exactly, that's why I'm saying, why are you cheering about getting off on a technicality?

Re: Florida judge rules red light camera tickets are unconstitutional

#687
post #686

Earlier quoted context omitted.

I was not drunk, I haven’t had a drink in over 10 years and I’ve never driven drunk. I did not say I was innocent of the violation because I was not innocent, I never claimed to be.

Exactly, that's why I'm saying, why are you cheering about getting off on a technicality?

Because I didn’t have to pay a fine and my insurance rates didn’t go up. If you’re trying to make me feel guilty, it’s not going to work.

Re: Florida judge rules red light camera tickets are unconstitutional

#688

Earlier quoted context omitted.

My city does it. It sucks ass. It’s a 70% vendor / 30% city revenue share and people avoid the city and use side streets to avoid the main avenues.

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

20 mph.

Re: Florida judge rules red light camera tickets are unconstitutional

#689

Earlier quoted context omitted.

Obviously someone stealing a vehicle is different, as long as you’re reasonable about it. Leaving an unlocked car with keys in the ignition outside of a bank being robbed is different from someone breaking the window and spoofing your fob, and both of those are different from willingly giving the vehicle to someone. Also I mentioned criminal vs civil penalties being treated differently - I don’t believe the same scen…

> Obviously someone stealing a vehicle is different But someone borrowing it with permission isn't?

Yes - if you’ve intentionally given them access, then it is your job to ensure they use it responsibly

Re: Florida judge rules red light camera tickets are unconstitutional

#690
post #295
post #285

Earlier quoted context omitted.

If people routinely run the red light, it seems like an easy case to post an officer to do traffic stops and issue tickets. AFAIK, tickets issued by a sworn officer are broadly constitutional.

There's a literal police station at the intersection and they don't pay any attention at all.

So your problem is with police not doing their job. Don't you think the more appropriate solution is to insist that cops do the job they're paid for instead of funneling local dollars out to some silicon valley scumsucker?
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