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Red light cameras undermine rule of law
The Hill ^ | 08/18/19 | JOE BARNETT

Posted on 08/18/2019 10:57:14 AM PDT by MarvinStinson

Speed and red-light cameras are the bane of many motorists. A modern idea made possible by technology, they have been installed in at least 24 states. Although these cameras are a revenue boon for governments across the nation, their intrusion into daily life is disturbing, and their constitutionality is dubious.

Specifically, use of these cameras could violate the Sixth Amendment. The Confrontation Clause grants criminal defendants the right to be confronted with the witnesses against them. Since it is a camera and not a person that witnessed the offense, such violations generally cannot be considered a criminal offense. The ticket is issued to the owner of the vehicle, not to the person driving it, leaving a lack of certainty as to the identity of the offender.

Therefore, the “ticket” in most places is nothing more than a civil fine, making enforcement and collection difficult. To date, governments have avoided this problem by requiring payment of the fine before motorists can renew their driver’s license or auto registration. Although there generally are appeals procedures, they typically do not give drivers a day in court. In other words, what happened to being innocent until proven guilty?

There are several for-profit companies that install and operate the cameras, some of them foreign-owned. In a typical arrangement, a camera company will contract with a local government to pay the capital cost of installing the cameras in exchange for a share of the revenue generated via fines. In short, governments get a new revenue stream without any operating cost, and the camera companies make a tidy profit.

The companies and government officials argue that greater safety will result from fewer accidents and that the increased government revenue will benefit the local communities.

Studies to confirm those claims have yielded mixed results. Studies paid for by the camera companies or governments usually show fewer accidents. Independent studies and those financed by opponents usually show no gains and sometimes worse results.

There is more evidence that greater public safety actually depends on the timing of yellow and red lights. Longer yellow and all-way red times have been shown to significantly reduce accidents. Sometimes local governments actually decrease yellow-light timing to catch more red-light runners, a result of the perverse financial incentives that tempt government officials and camera companies. Studies also show motorists are more likely to hit the brakes hard at camera-enforced intersections, increasing rear-end collisions.

Unsurprisingly, these cameras are deeply unpopular. Since 1991, there have been 42 elections on adopting or prohibiting either speed or red-light cameras or both. In all but two of these, voters have opposed the cameras by an average margin of 63 percent.

However, polling on the issue can show different results. A recent Public Opinion Strategies poll of 800 likely voters nationwide found 69 percent of respondents either strongly or somewhat support red-light cameras, while 29 percent somewhat or strongly oppose. Interestingly, 47 percent of those same respondents thought most of their neighbors opposed the cameras.

A possible explanation is that, as a national poll, most respondents do not live in a locality with red-light cameras since less than half the states allow them and not all jurisdictions in those states have them. Therefore, many have never experienced them. Familiarity breeds contempt.

Most citations for speed and red-light cameras are simply civil fines. The offender essentially has no recourse in court. The financial incentive creates a conflict of interest for local elected officials and camera companies to game the system in their favor. These factors can undermine citizens’ faith in government and breed mistrust.

We are brought up to respect the legal system that was handed down to us through English common law. We expect the laws to be just and fairly applied. We expect to always have recourse in the courts. And most importantly, we always expect to be treated equally before the law. Speed and red-light cameras are contrary to those expectations. This is not good for the civil society, especially at a time when distrust in government is high.


TOPICS: Crime/Corruption; Government
KEYWORDS: cameras; redlightcameras; traffic; trafficcameras
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To: MarvinStinson
$10,000 Ticket Camera Challenge

$10,000 Ticket Camera Challenge The National Motorists Association knows that engineering solutions are the real way to prevent red-light violations and accidents at problematic intersections.

In fact, we are willing to wager $10,000 to prove that engineering will work better than ticket cameras.

The revenue from ticket cameras serves as a reward to cities that fail to make motorists safer through proper signal timing, better signal design, and improved intersections.

The apparent increase in red-light violations is largely the result of a 20-year pattern of deliberately changing the standards for the timing of yellow lights. This is an engineering problem, not an enforcement issue. Today we say to the communities that employ ticket cameras, "Let's put traffic engineering solutions to the test."

Here's our challenge:

Show us any camera-equipped intersection that still has high numbers of straight-through red-light violations and we will guarantee a minimum 50-percent reduction in those red-light violations through the application of engineering solutions.

If our recommendations fail to meet our minimum goal, we will pay the community $10,000 to be used on any traffic safety program or project it chooses.

However, if we succeed, the community must employ our engineering-based recommendations at other troublesome intersections and scrap its ticket-camera program.

What do cities have to lose, other than their ticket-camera revenue?

If you have any questions about this challenge or you believe your community would be interested in participating, please contact the National Motorists Association at (608) 849-6000 or via email at nma@motorists.org.


81 posted on 08/18/2019 1:44:47 PM PDT by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper.)
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To: billyboy15

The most effective thing was for large numbers of people to talk to media and go to city council and other meetings. That stopped the whole state of Texas from using them. Texas is where I was familiar with them, no idea how they worked in other places. I have noticed nearly all of the first cities to get them no longer have them.


82 posted on 08/18/2019 1:52:56 PM PDT by Tammy8
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To: MV=PY

Patentable solution.

But you will notice the yellow/red light problem is independent of speed. Whether the vehicle speed is 5 mph or 50 mph, a fair amount of vehicles eventually enter a red intersection.


83 posted on 08/18/2019 2:06:40 PM PDT by TheNext (Diversity: Darker Replaces Lighter)
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To: TheNext
"Patentable solution. But you will notice the yellow/red light problem is independent of speed. Whether the vehicle speed is 5 mph or 50 mph, a fair amount of vehicles eventually enter a red intersection."

Interesting.

Seems to me that if everyone put their brakes on when the light turns yellow, no one would enter a red intersection. At least that's the design intent. I've noticed that the duration of yellow lights is adjusted to accommodate the speed limit.

So this looks like a training/compliance issue to me.

Is your solution a technical one?

As an aside, I have a number of patents going back to the 80's in a variety of fields, so I understand your desire to keep it a secret (although, since we adopted the European practices, your application is public when you file it).

Have you filed yet?

84 posted on 08/18/2019 2:23:45 PM PDT by MV=PY (The Magic Question: Who's paying for it?)
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To: Company Man
The Great State of Texas has already eliminated these devices.

Not yet. They included a provision allowing companies to finish out their current contracts, of which I think most end in 2020, and of those, only about half ended their programs immediately.
85 posted on 08/18/2019 2:32:31 PM PDT by Svartalfiar
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To: billyboy15

“The company found they made more money sending tickets out willy nilly whether you run a red light or not.”
Really? Why would ANYONE pay a ticket if they were innocent?


Because the cost to contest can be much higher.


86 posted on 08/18/2019 2:37:17 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: glennaro

Just last week, a red light crasher was about to T-Bone my car. Only reason the crash did not happen was my quick reaction and good peripheral vision.

I oppose almost everything which expands the gov’t. But for reckless drivers, such as I ran into last week, there is no other remedy. A traffic cop cannot be present everywhere. Which is why I am against hand gun restrictions for home defense because cops won’t be there instantly to help when one is facing a home invasion.


87 posted on 08/18/2019 3:42:26 PM PDT by entropy12 (Learn all you can from the mistakes of others. You won't have time to make them all yourself.)
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To: Secret Agent Man

See post #87.


88 posted on 08/18/2019 3:43:20 PM PDT by entropy12 (Learn all you can from the mistakes of others. You won't have time to make them all yourself.)
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To: cuban leaf

See post #87.


89 posted on 08/18/2019 3:43:48 PM PDT by entropy12 (Learn all you can from the mistakes of others. You won't have time to make them all yourself.)
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To: sauropod

See post #87.


90 posted on 08/18/2019 3:44:15 PM PDT by entropy12 (Learn all you can from the mistakes of others. You won't have time to make them all yourself.)
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To: Beagle8U

See post #87. No camera’s needed for people abusing drugs at home. But if they are intoxicated and get behind the wheel, they are endangering our lives and limbs.


91 posted on 08/18/2019 3:45:43 PM PDT by entropy12 (Learn all you can from the mistakes of others. You won't have time to make them all yourself.)
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To: Popman

See post #87.

I have seen some traffic lights which actually show #of seconds before light turns red. With technology advances and drop in costs, that would be an acceptable alternative.


92 posted on 08/18/2019 3:47:30 PM PDT by entropy12 (Learn all you can from the mistakes of others. You won't have time to make them all yourself.)
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To: MarvinStinson

Red light, red flag, all that commie red stuff is just bad news.


93 posted on 08/18/2019 3:47:35 PM PDT by Boomer (Our melting pot has turned into a pressure cooker)
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To: MarvinStinson

You can tell when you are approaching a red light camera when you see all of the pieces of smashed cars laying all over. I have seen it with my own eyes.


94 posted on 08/18/2019 4:13:24 PM PDT by Trumpnado2016 (Welcome to Trump World.)
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To: Trumpnado2016

I’ll have to look closer.


95 posted on 08/18/2019 4:14:10 PM PDT by MarvinStinson
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To: entropy12

Red light camera would not have stopped you getting tboned. In fact red light cameras have been shown to increase accidents where they are used.

Just like more gun laws don’t stop bad people illegally using them.


96 posted on 08/18/2019 4:15:18 PM PDT by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: entropy12

Longer yellows and longer red wait times save far more lives than cameras. Besides, when you run a red light with camera in place it is often 2 to 3 weeks before you get a ticket. During that time your driving patterns remain the same. Fine revenue increases for the city and premiums increase for the insurance companies.


97 posted on 08/18/2019 4:22:23 PM PDT by Demanwideplan
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To: entropy12

See post 97 regarding post 87. Red light cameras are just the beginning of indoctrinating us to accept cameras everywhere. Please do not fall for this. We need to get the gooberment out of our lives. The gooberment is not here to serve us. It wants to enslave us.


98 posted on 08/18/2019 4:27:41 PM PDT by Demanwideplan
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To: MarvinStinson

” A possible explanation is that, as a national poll, most respondents do not live in a locality with red-light cameras since less than half the states allow them and not all jurisdictions in those states have them. “

So is this saying that not all jurisdictions that are in states that don’t have them don’t have them?

Is it the fluoride or is it me?


99 posted on 08/18/2019 4:51:41 PM PDT by Concentrate (ex-texan was right and Always Right was wrong, which is why we lost the election. Podesta the molest)
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To: Concentrate

Don’t drink tap water.

Leave that for the lefties.


100 posted on 08/18/2019 4:55:03 PM PDT by MarvinStinson
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