Posted on 08/04/2017 7:08:21 PM PDT by Mark
650,000 for punitive damages. Specifically a message from the jury to the city. The message being “don’t even think about continuing the practice in question”.
I wonder if this precedent could be applied to red light camera tickets? They are also processed by private companies with very little chance of contesting.
Those paid to follow the law, did not know the laws they were suppose to follow; but ignorance of the law is not a defense. Where was the city attorney that they did not know the law and know THEY were permitting an unlawful practice. Oh, that’s right, taxpayers cannot sue the officials that work for them for doing a lousy job; they cannot even call negligent official conduct illegal, and have the culprits prosecuted.
Cool Hand Luke says no meters found on sidewalk.
FYI the state of Florida shot down the red light cameras and had to refund the fines issued.
They don’t like red light cameras anymore!
Phoenix got rid of them too, but it looks like they are back again. My argument is I think there should be a qualified officer present to issue a violation. Are every one of these private company employees reviewing these photos a qualified Az law enforcement officer?
Should be to be legal, because a red light violation is a 6 point violation in Az, same as a .08 DUI. This is not just an small infraction, it could be permanently life changing because of these 6 points. If you are a commercial driver your career is over even if you are in your personal car.
This is under the unwritten “law of grazing”. Cities, banks, etc... often create revenue streams based on ignoring a law or through fraud and charge a fine that’s small enough 99% will always pay it and they generally just give the squeaky wheel their money back.
It’s why I contest everything.
Not long ago banks were paying hefty fines for processing accountholders debits ahead of their deposits, they would actually hold the received deposit and run through debits until something bounced, then credit the deposit and soak for fees.
Municipalities have been repeatedly caught shortening yellow light times for red light cameras.
The whole purpose has gone from trying to deter an undesired or unsafe behavior to grazing on the masses by small fees and fines that over large numbers of citizens adds up to tens or hundreds of millions of dollars. You should contest citations and fines just to keep them honest.
At trial you have the right to question the actual person who reviewed the tape/photography. You need to request EVERYTHING, copies of photo, contract documents that allege to grant them citation authority and ability to assess fines. You need to go out and time the yellow over 10 or 20 cycles and compare it to the street speed and the specified time for that speed in the Manual of Uniform Traffic Controls, etc...
You can readily beat this stuff if you buckle down, do your homework/research and actually contest it.
Just went through this, You are absolutely correct. Before they change it and correct it go get video of it. But with a red light ticket they just expect you to pay it as guilty.
You get no trial, you can ask for it but you will not get it, just traffic court and the judge always asks why you are wasting his time when you are clearly guilty. You are offered a chance to admit guilt and do traffic school and wipe the fine and the points.
My 82 year old father just got in an accident where he made a left in front of on coming traffic. I went to the intersection the following day at the same time to see if the sun was in his eyes or something. Nope just dementia setting in... He’s done driving. So we just paid the fine to end it.
Been fighting court, Insurance companies, and went through the regiment to make sure he was OK with no blood clots, Tumors, Etc. I duck in here once in awhile to take a break and get that whole mess off my mind. :) Been three months now...
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