Revenue
Judge rules: red light cameras carry two different penalities and thus violate the Equal Protection Clause. It’s not hard to imagine lawyers are scrambling all over the nation on this one, so the police cannot ticket.
Looks like Knoxville should be sued too.
June 3rd, 2011 at 2:00 pm
The law is flexible enough that the lawyers and politician (but I repeat myself) and the judges (repeating myself yet again) will quickly invent some legal fiction (yes, I know I’m misusing an actual legalese term of art that totally proves what a layperson I am. I don’t care) to be able to restore this lucrative form of incom^H^H^H vital safety measure.
Think back to the prohibition against double jeopardy. Can’t be tried for the same crime twice, that’s pretty clear. Except, but “triple jeopardy” is just fine. Meaning they can try you at the federal, state, and local level (and failing that, I’m sure they could pull some mischief with your Home Owners Association or the local drainage district, depending on what you are actually charged with.)
June 3rd, 2011 at 4:05 pm
NICE! I will make this claim for equal protection in the state of Maryland if I ever get pulled over for speeding, or a citation from a speed camera.
Sweet!
June 3rd, 2011 at 6:26 pm
Interesting decision. Of course, the points apply against the person whereas the penalty attaches to the property. Big difference, in that the person has the right to confront an accuser and property doesn’t. I need to read the decision, to see how précisly they structured their argument. I like the results, but don’t necessarily buy the equal protection claim.
June 3rd, 2011 at 6:45 pm
Where does one apply for the refunds of the fine, plus interest?
June 3rd, 2011 at 8:50 pm
Heh.
Red light camera revenue is dependent on the ticket not being fought in court.
A camera is not a cop, and in most states the cop issuing the ticket has to witness the infraction.
And on top of that, the private companies that set up these cameras usually set the yellow light unlawfully short … and when it all finally hits the courts and they lose, they skip town before they can get sued by the local jurisdiction for the appeals losses.
June 3rd, 2011 at 10:07 pm
What do you call a legal system where, even if you win your case against the state, (where both the other side and the judge get paid by the state), you don’t get reimbursed for your time or your expenses and you still have to pay court costs?
Good luck mikee!
June 4th, 2011 at 1:36 am
There are so many ways for the cities and State to evade this ruling, it’s not even funny. of course, the leges will bail them out by re-writing the law on what constitutes a traffic offense, and they might even do away with the point system entirely. We don’t have that system in OR, never did, and get along just fine without it.