Posted on 11/22/2006 9:49:08 AM PST by weegee
Scofflaw was just asking to get red-light citation
Driver says he's testing the legality of camera monitors
Bail bondsman Michael Kubosh got just what he wanted in Houston city court Monday a $75 civil fine for running a red light at a camera-monitored intersection.
Kubosh committed the violation deliberately on Sept. 20 to set up a legal challenge of the city's use of cameras to catch red-light violators at 20 intersections.
Represented by his brother, lawyer Paul Kubosh, Michael Kubosh asked a city administrative judge to dismiss the citation he received for running the red light at Milam and Elgin. The judge declined.
Paul Kubosh said he will appeal the case to another municipal court Dec. 6 to exhaust the city appeals process. He expects that ruling also will go against him, after which he plans to file suit in state district court challenging the red-light camera ordinance.
The basis of the challenge is that red-light violations caught by camera are civil violations. The Kubosh brothers argue that the city can't make red-light running a civil offense when state law makes it a misdemeanor criminal offense.
City Attorney Arturo Michel has said he does not expect the argument to hold up.
Michael Kubosh announced in advance that he would run a red light Sept. 17 to challenge the law. A police officer was waiting and issued a criminal ticket, thwarting Kubosh's effort to get a civil citation he could challenge.
He ran the light again three days later, was caught on camera and received a civil citation.
You have a chance to confront the accuser: "Is that your car, yes or no?"
My wife got a ticket from one of these machines. The answer was no; it didn't show her car or her license plate. She didn't pay. Case closed.
If ya slow down, rather than slamming on brakes, he has to slow down, too. He also gets a warning when sees the brake lights. If he still hits you after that, well, there ain't much you can do.
I had a problem like that once. I started slowing for a yellow light, the other guy started speedin' up. He managed to stop, but he was unhappy...
Nice! "To serve and protect (the revenue stream)..."
Hope that he wins and wipes out that big brother madness. Put a human cop there if you want to rake in the cash.
Having lived in Quincy Mass. for many years I figured I might be one of the few Freepers who knew where "scofflaw" came from. - tom
1924 Boston Herald 16 Jan. 1/2 Delcevare King of Quincy last night announced that 'scofflaw' is the winning word in the contest for the $200 he offered for a word, to characterize the 'lawless drinker' of illegally made or illegally obtained liquor. 'Scofflaw' was chosen from more than 25,000 words, submitted from all the states and from several foreign countries. The word was sent by two contestants, so the prize will be equally divided between Henry Irving Dale..and Miss Kate L. Butler. 1936 MENCKEN Amer. Lang. (ed. 4) 174 The announcement that scofflaw..had won was made on Jan. 15, 1924. The word came into immediate currency, and survived until the collapse of Prohibition. 1956 N.Y. Times 17 Jan. 27/3 The maximum fine of $50 a ticket was imposed yesterday upon a woman scofflaw who had accumulated fifty-one parking tickets.
Someone will make a constitutioonal challenge--and has an excellent chance of prevailing. On a more visceral level, I like the idea, but government just can't undertake a thing with good motives if it contravenes a constitutional provision......That's the whole thing about expressing dissent of government conduct by burning a flag; different event, same theory......
I've heard this argument made and I believe it's working its way through the courts as we speak. I like to play jail house lawyer, my brother is the lawyer in the family. (every family seems to have one)
I agree but with my luck the camera would take my picture shooting it.
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