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Thread: OT: Speed Cameras/Red Light Cameras -- Unconstitutional??

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    Regular Member carolina guy's Avatar
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    OT: Speed Cameras/Red Light Cameras -- Unconstitutional??

    Perhaps someone can help convince me that red light cameras/speed cameras are actually Constitutional.

    The penalty for the same action is different depending on who issues the citation (police officer v camera company in cahoots with the police).

    Would this not be a potential violation of the "Equal Protection" clause of the 14th Amendment?
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

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    You don't need someone to persuade you ... you need legal cites ...

    I know that a cop v. camera was ruled unconstitutional and then constitutional if I recall...

    Here's a website showing many cases...

    http://www.thenewspaper.com/rlc/related.asp?S=2&T=0&X=3

    In NC I think its an administrative case ... a rubber stamp guilty ... you need to call your legislators ...


    http://www.thenewspaper.com/rlc/docs...-adhearsay.pdf

    I like this case and have used the melendez argument in cases before to great effect ... surprised the CA court ruled the way it did..many courts allow pics and videos in w/o any foundation being needed ... but I think in CA the procedures use the criminal rules so it maybe different than in NC but something to consider.
    Last edited by davidmcbeth; 03-08-2013 at 03:04 AM.

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    Regular Member OC for ME's Avatar
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    Here in Missouri a attorney interviewed on a local talk radio station indicated that it is a violation of due process. If you are not the driver you can not be held to account for a violation.

    If you are the driver then the argument switches to "a cop did not witness you violating the law" when the violation occurred. Cops say that each recorded violation is reviewed by a cop and that cop issues the ticket.

    That attorney advises that if you are issued a ticket, in Missouri, as a result of a red light camera to just toss it in the appropriate circular file.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Regular Member carolina guy's Avatar
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    Thankfully, in NC the speed/red light cameras are a general non-issue because the typical revenue sharing with the camera company means that the municipality must kick in the difference and forward the entire amount of the tickets for use by the local school districts per Article 9 of the NC Constitution. This wasn't too popular when the larger cities suddenly realized they owed a LOAD of money to the schools.

    But, I do not really want to worry about other states that I may be driving through to have the same problems with the cameras.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

  5. #5
    Regular Member carolina guy's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    You don't need someone to persuade you ... you need legal cites ...

    I know that a cop v. camera was ruled unconstitutional and then constitutional if I recall...

    Here's a website showing many cases...

    http://www.thenewspaper.com/rlc/related.asp?S=2&T=0&X=3

    In NC I think its an administrative case ... a rubber stamp guilty ... you need to call your legislators ...


    http://www.thenewspaper.com/rlc/docs...-adhearsay.pdf

    I like this case and have used the melendez argument in cases before to great effect ... surprised the CA court ruled the way it did..many courts allow pics and videos in w/o any foundation being needed ... but I think in CA the procedures use the criminal rules so it maybe different than in NC but something to consider.
    +1
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

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