Posted on 12/16/2005 6:44:01 AM PST by Rakkasan1
Minneapolis' "photo cop" should be the one getting the red light, civil rights advocates said Thursday on behalf of a cited motorist. Daniel Alan Kuhlman, a Minneapolis resident ticketed Aug. 11, claims the system meant to catch red-light runners is unconstitutional and violates state laws, according to a motion to dismiss the case filed in Hennepin County District Court by American Civil Liberties Union volunteer attorneys. Minneapolis' ordinance states it is the owner of the car who drove through the red light who is guilty of a petty misdemeanor — the cameras record license plates, but not drivers' faces, the motion said. "This ordinance presumes that the owner of a vehicle that is photographed is guilty and then puts the burden on the owner to prove that he or she was not the driver," said Charles Samuelson, Minnesota ACLU executive director. The group is trying to build a case to get the law overturned. Minneapolis officials declined to comment on the motion. Since "photo cop" was implemented at 12 intersections six months ago, about 22,000 tickets have been issued, said Minneapolis police Lt. Gregory Reinhardt. Accidents at those intersections have dropped by 53 percent.
(Excerpt) Read more at twincities.com ...
When is the government finally going to give the ACLU a ticket??
there are 4 drivers in my house and all the cars are in my name. dosent sound right to give me the ticket. I hate to agree with the the ACLU, but they are right.
Now if the ticket was sent and it was NOT a moving violation but something similar to a parking ticket, then I could accept this type of summons.
If the ACLU filed more lawsuits like this and less lawsuits against Santa Claus, they might actually start generating some goodwill for their organization.
"This ordinance presumes that the owner of a vehicle that is photographed is guilty and then puts the burden on the owner to prove that he or she was not the driver,"
Why couldn't someone else besides the ACLU have made this excellent point.
Is there ANYTHING at all the ACLU will not sue over?
So, you are saying that you forgoe all responsibility when someone in your household drives one of your cars? Gee, I would assume that you would find out who it was and take away their driving privileges - or have them appear in traffic court and confess that they, not you, committed the crime.
yes.plenty. name the last pro-2nd Amendment case they took pro-bono for some gun owner who was taking it in the shorts from the gubmint.
doubt you'll see them sue to insure illegals don't get in-state or free college tuition ,either.
I agree with the ACLU on this one. When a police officer stops you for a traffic violation, he gives you the ticket whether you own the car or not. These cameras take pictures of the license plate and give the ticket to someone who may have been thousands of miles away at the time of the alleged violation. They impose an additional requirement on the car owner -- the owner has to demonstrate in court that he was not driving the car when the alleged violation occurred.
It would work if the picture were taken and then a cop hiding nearby swung out to nail the driver.
I said I would accept a ticket. as if it were a non moving violation and pay the fine. but the courts must prove ME guilty of a moving violation and they have not done that. They have found my CAR guilty. in America we are innocent until proven guilty, or are you one of those police state types who feel that all 'citizens' are scum beneath the surface and your gonna gettum.
by the way....I dont know where you live, but here blowing a light is a 'Traffic Infracion' and not a crime. Jeeze what planet do yo come from.
"So, you are saying that you forgoe all responsibility when someone in your household drives one of your cars?"
Seems to me like he clearly said that he would accept responsibility for things like parking tickets, however he wouldn't accept being charged with a misdemenor where the government was not responsible for the burden of proving that he did it.
Households are not always a united front. If a rebellious teen, unhappy spouse, or unrelaible roommate decideds not to accept responsibility for their actions the person to whom the car is registered quite likely doesn't have a way to prove that they are innocent.
It's the government's responsibility to show not just that a crime was committed, but who committed it as well.
So, you are saying that you forgoe all responsibility when someone in your household drives one of your cars?
Well whaddaya know, the ACLU finally get's one right.
Blind hog/acorn. Stopped clock/twice a day.
In DC and many towns, the stoplights with cameras were rigged to have shorter yellow lights, thus creating more revenue. Shorter yellow lights increase speeders go through the intersection at the last second.
Off duty cops and politicians by example should have a governor on their cars' speedo, not allowing any speed over 56mph, and at 56 mph an automated ticket mailed to their homes. See how they like it.
Glad the ACLU is so concerned about the Constitutional "right" to drive a car.Maybe some day they'll care about terrorism,too.
Sorry, I don't think I'll borrow a car to anyone I wouldn't borrow my gun to.After all, the car is a 4,000 pound projectile with far greater killing potential.
That said,as far a prosecution, I also want cops who run lights without lights/siren and an emergency to also be fined.
Oh well, I guess this takes away from their time chasing around the country removing crosses from all county or city seals.that's a good thing.
I know I can hardly believe that I am agreeing with the ACLU.
WHats next? I vote for Hillary????
now I went too far.....
Even a broken clock is right twice a day.
The notion that the absolute assumption of innocence is eliminated for bureaucratic convenience would have been laughable 50 years ago.
That it is getting this serious a challenge is not a good thing.
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