Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum  

Go Back   Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum > Speed Trap & Traffic Enforcement > Economics & Politics
Radar Detectors Forum Logon:


Economics & Politics Discussion of the economic and political market driving factors of automated enforcement technology.

Reply
 
LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 2009-10-29
NMA Reporter NMA Reporter is offline
Senior Member
 
Join Date: 2008 Feb
Posts: 125
NMA Reporter is on a distinguished road
Exclamation Texas Red Light Camera Program Offers No Appeal to Citations

Article: Texas Red Light Camera Program Offers No Appeal to Citations

College Station logoThe right to a meaningful appeal in a red light camera case does not exist in the state of Texas. While several states have allowed photo enforcement tickets to be appealed to the highest level -- Minnesota's highest court ruled on a photo ticket in 2007 and a red light camera case is currently pending before the California Supreme Court -- several Texas municipalities are using an ambiguity in state law to deny challenges beyond the lowest level of the court system.

"Under the current red light ordinance there is no right to appeal beyond municipal court," College Station Municipal Court assistant Wanda Lapham wrote in a letter to Jim Ash (view letter).

Ash is responsible for organizing the effort that gave residents the right to vote on the future of red light cameras next Tuesday. As part of his educational effort, he has been publishing embarrassing correspondence from city staff that highlights little-known facts about the program contrary to city and vendor-prepared advertising material. The lack of meaningful appeal is central to Ash's complaint regarding photo ticketing.

"I reviewed the origins of my opposition to the cameras," Ash wrote. "No due process; no jury trial; no traditional right to appeal to a higher court; equal protection clause challenges related to the fact that the offense is at the same time a criminal and civil violation."

For Ash, departing from the system established by the Constitution undermines the most fundamental elements of fairness.

"Did you ever stop and wonder why the founders of our country set up such a system?" Ash asked. "They set up our system the way it is because they understood that the state has disproportional power... The state has the power to make laws but it is ultimately up to the citizens to enforce the laws in acting as members of a jury. I am unwilling to be denied the right to a jury trial for any reason."

Ash has also challenged the city's use of taxpayer money to send red light camera promotional material to residents in the hope of swaying their vote next month. If a city official knowingly included false information in such a mailing, it becomes a crime. According to Mayor Ben White in testimony before the state House of Representatives in April, accidents increased overall at the intersections with red light cameras.

"The number of crashes at the four intersections with red light cameras increased from 24 in 2006 to 28 in 2008," White testified.

This fact, however, was not included in the "educational" material sent to voters. Instead, the city's flyer included a chart suggesting the number of crashes decreased from 13 in 2006, before cameras, to 7 in 2008, after cameras were installed. The reduction was created by excluding inconvenient accidents by labeling them 'not red light related.' Source
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply



Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
California Judge Declares Red Light Camera Program Illegal and Void NMA Reporter Economics & Politics 0 2009-08-11 19:41
Red Light Camera Program Returns to Virginia NMA Reporter Economics & Politics 0 2009-06-17 13:20
Georgia: Longer Yellows Force City to End Red Light Camera Program NMA Reporter Economics & Politics 0 2009-03-05 00:41
Red Light Camera and Speed Camera CrimeLine NMA Reporter Economics & Politics 0 2009-01-07 22:11
Houston Red Light Camera Report Undermines TxDOT Camera Study NMA Reporter Economics & Politics 1 2009-01-01 08:24


All times are GMT -4. The time now is 17:02.


©2019 SpeedTrapHunter