Dayum, ain't that just like them typical white radargun totin' photo vans !
Posted on 04/22/2008 10:20:56 AM PDT by Froufrou
A driver nailed by a roving radar truck in San Jose is taking his case to court in hopes of getting back the money he spent on speeding tickets and increases in insurance costs for himself and others mailed fines by the city. The city killed the program that put white radar photo vans on the streets to cut down on speeding after questions were raised in 2006 about the legality of having city engineers - not cops - write citations. But that was after officials had issued about $5 million worth of tickets through the decade-old program.
In 2006 alone, San Jose issued 7,000 tickets using the radar vans that took photos of a speeding car's license plate and driver. Notices of the violations were then sent to the vehicle's registered owner. Jorge Luis Ramirez's attorney contends that since the tickets were illegal, the city should pay back what it got from the program.
City Attorney Richard Doyle had not seen the lawsuit as of Monday afternoon, but he said the city didn't know the program was illegal when it ran it. As soon as officials learned that the state Legislature was questioning such programs, he said, the city stopped using the radar vans.
Ramirez was twice ticketed by the radar vans - both times for going less than 10 miles an hour over the speed limit. He paid the tickets but later decided to bring the suit after friends told him it was unusual to be cited for such a small infraction.
(Excerpt) Read more at mercurynews.com ...
“City Attorney Richard Doyle...said the city didn’t know the program was illegal when it ran it.”
Let me know the first time that excuse ever works for a citizen.
As far as I know, ignorance of the law is not a valid defense, ever.
Dayum, ain't that just like them typical white radargun totin' photo vans !
Well, you do know that the government is omnipotent. I think that’s a word that means “they don’t have to be right.”
Dadgum revenooers!
I’d say the city is shaking in its boots. First, you’d have to get some folks to figure out who paid and how much. So figure a team of four folks working for an entire year to settle that part of the problem ($250k minimum for the employes, computers, and phone calls). Then figure you have to pay back out of the city budget....which can’t afford it...so you gotta float a bond here. You can figure that the city cops knew this was illegal and probably brought this up as it was laid out...and the dimwits who run the city likely didn’t grasp simple law or what the cops meant.
Can't the same thing be said about the much-hated "gotcha" red-light/speed cameras that are popping up everywhere?
“the dimwits who run the city likely didn’t grasp simple law or what the cops meant.”
I suspect they didn’t care. We are fighting that war in my town right now. The City Council has decided that it is completely unnecessary for them to abide by current law.
It’s the very same, in my book. But I heard an attorney in TX was going to every town and trying to sue over the cameras and then I quit hearing about it. I think this could mean he was unsuccessful. :o(
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