An affidavit? Naming the driver?
How about the fact the government bears the burden of proof that you are the driver? You have the right to remain silent.
The government has to prove you were the driver. Period.
Whoever signed the ticket, claiming the owner was the driver, is guilty of the crime of perjury by false written declaration, a felony of the third degree, under Florida Statute 92.525 Verification of Documents; Perjury by False Written Declaration.
The state has usurped any rights you have when you own a car or have a driver’s license. They’ve deemed it a “privilege”.
Theres already been a couple of instances here that AI got the I.D. wrong and people were falsely arrested.
It don’t work....at least not to a definitive certainty.
All of this surveillance done “for public safety” is unconstitutional. Used to be you could drive/walk across this country untracked. Started with credit cards and ATM’s. Now it’s traffic cameras, license plate readers, your own vehicle’s tracking software, and every Ring doorbell or building external cameras on every street you walk or drive on. I can’t count how many cell phones are watching you.
(Automated Enforcement Division)
The “fun” is just beginning...
As a retired LEO of 30 years I am and have always been against traffic cameras use for enforcement. Guess I’m just old fashioned. A citation should only be issued by a warm blooded real life law enforcement officer. End of story.
I’m adamantly opposed to automated traffic enforcement except in limited circumstances, but in one respect I’m not sure what the problem is in this case. Does the driver in Florida get violation points added to his record in the event of an automated violation notice? In every other jurisdiction where I’ve seen this enforcement, there are no points added to the driver’s record; there’s just a monetary fine.
The car thief scenario happened to me years back. I either lost or had my wallet stolen (no idea which it was)
A couple years later, I received a letter from the state informing me that due to my poor driving record I had amassed ten points and was in danger of having my license suspended.
That was news to me since at that point I had never had a moving violation of any sort.
I called the state and was connected with Dick Tracy. (that was really the investigators name) He was very good and helpful. I also worked with a cop buddy on my own investigation.
Some guy had obliterated my license and had a real one made by the state with my name and his photo. He really was a terrible driver and had a lengthy record. We were ultimately unable to track him down.
I had to jump through lots of hoops. I had to change my name by eliminating my middle name and getting a new driver license number. The state put a flag on mine to arrest me. (before I changed it, I did get a ticket and asked the cop why he didn’t arrest me. He said he never called me in, just gave me the minor violation.)
I also had to go to court on the most recent violation where the cop took one look at me and said “You’re not the guy I wrote the ticket to.” That ticket was cleared.
I had to work with my insurance company to keep my good rates and record.
Basically, I had to prove my innocence. While in my case it wasn’t hard, as I recall, I’m several inches taller than the thief, it took a lot of time and energy.
Fortunately, I was dealing with a human police force, not a blind, unthinking camera and some stupid AI garbage.
the enforcement action of 316.083 unduly shifts the burden of proof to the vehicle owner, me, to prove my innocence, rather than the State having to prove my guilt.
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The Constitution grants citizens the right to face their accusers in courts of law. These cities believe that they can circumvent this provision by claiming that these traffic cam crimes are civil crimes (with criminal penalties).
His car was trespassing. Yeah, that’s it.
That's propaganda, it's a lie.
To get your constitutionally mandated due process, you have to jump through hoops put up by Automated Enforcement Division, a private company in Orlando that's owned by another corporation called Novoa Global, which is owned by a Chilean-Swedish millionaire named Carlos Hoffstead.
It's about profits for Novoa Global and income to the city. Conforming to the law is a side effect (maybe). The city doesn't own or operate the cameras. The company gets most of the money.
These camera schemes have already been deemed unconstitutional several because the accused can't confront their accuser.
My neighbor once paid a traffic light camera ticket by sending in a picture of a hundred dollar bill. The DMV sent him back a picture of handcuffs.
In NY, a traffic cam ticket is mailed to the owner of the car, it doesn’t matter that they weren’t driving, the car was caught. Now, maybe in FL not being the driver is a defense. That said, I am against these cameras- they are a money maker and cause accidents. Just yesterday at a traffic cam intersection, I saw a car stop early for a yellow and the car behind hit him....
Well, he may still be guilty, but he is correct that due process is missing in these tickets, especially if they cannot prove that he was behind the heel. Furthermore, his argument about not accepting cash is also a valid argument. They had better go back to the drawoing board to eliminate these issues which are illegal.
The most absurd claim about automated traffic enforcement is that it’s about safety.
They have hundreds of millions of pics of vehicles committing violations, yet not one pic of an accident.
If this were a scientific experiment and the only data you had was the ATE violations, you’d have to conclude that speeding and red light running is 100% safe.
In Tennessee if you get a “citation” issued by a computer linked to a camera, you can just ignore it because it is totally unenforceable.
Automating punishments is not a good idea. In this context, there must be a human in the loop that can ascertain if you’re the driver.
I’m sure AI will make this harder to argue but I think a more general bill should be passed against “automated punishments” in general, there’s just too much that can “automatically” go wrong.
Sorry copper. My tax dollars pay law enforcement to investigate violations of the law. If you expect me to take the time to do your investigations for you, please refund the taxpayers that portion of your salary for them doing your work.
If you have evidence that a driver violated a provision of the traffic code, it's law enforcement's job to identify the suspect, and develop evidence that they committed the violation beyond a reasonable doubt. The vehicle owner is under no obligation to do your work for you, assist you in doing your work, or sign an affidavit to prove they are innocent. It's your job to prove the guilty party guilty.
I feel with each passing day that we are living more and more in a police state. Upstanding responsible citizens are intentionally being criminalized and targeted in name of revenue. Besides red light cameras on every other corner in my area there is a police car waiting to “catch” you- just for the revenue- they won’t actually try to target the reckless speeder- they won’t exert any effort for truly unlawful and cant be bothered to chase them. Just looking for easy sucker to catch and release. (Also- Much of ticket fee from red light cameras goes to processing companies out of state- it’s a very hands off passive income for municipalities. Where I live they now have them in EVERY school zone with very misleading signage as to when they are active- some are active in school zone 24/7 AND don’t let your foot rest on pedal or tire AND synchronize your clocks because you will be fined for ONE MPH over at end of zone AND for ONE minute in time frame ie if you think it’s 2:31 but it’s 2:30- ticket ). It’s wrong.