Posted on 01/02/2002 8:15:10 PM PST by Darth Sidious
Well, this should be an interesting thread, for the irony if nothing else…
About five months ago, on August 7th, a couple of your friendly neighborhood Freepers – namely, Rebelbase and yours truly – stood at the intersection of Battleground Avenue and Pisgah Church Road in Greensboro, NC, and protested the red-light cameras that have gone up all over the city. It’d take up too much time to go into the details of our Freep, and the full story is on the ”After-Action Report” thread. But for a quick recap: for over four hours under the hot August sun, we told motorists to “Smile: You’re On KOMRADE KAMERA”. We literally got hundreds of honks and thumbs-ups of support. Our friends in law enforcement said they supported us in our efforts against the red-light cameras. It was a lot of fun, and we met a lot of good people during our time at the intersection.
Well folks, that was Round One. Now comes the far more serious Round Two.
A few weeks ago I was driving down the same stretch of road, heading into Greensboro on some business. It was raining, there had been some fog but otherwise visibility was good.
As I approached the same intersection of Battleground Ave. and Pisgah Church Road, the light turned yellow. I began to slow down but saw the guy behind me not stopping, then putting on brakes and skidding on the rain-saturated asphalt. Now, I saw the light just turn red just as my car got to the line at the intersection. But if I came to a sudden stop, I would almost certainly have been rear-ended to the best of my judgment.
To make a long story short, I got caught by the camera. And I'm counting no less than 3, possibly 4 violations of the U.S. Constitution on the citation in front of me.
I could pay the $50 fine, and it would be a neat and tidy affair. I could also never tell my children, with any sincerity, about how much we believed these cameras were wrong, so much so that we braved 100-degree heat against them. And if I rolled over now, and let this go on, what kind of incremental damage would I be doing to my children's freedoms? The same freedoms that our forefathers paid a far greater price for, that we might enjoy these liberties?
God gave the stewardship of those liberties to we the people. Not to the state, not to any government, but to us. Folks, you will not believe how much I've seethed the past week or so at reading this citation, how much disregard that enough of the wrong kind of people have for the Constitution.
I could pay the fine, and be comfortable. Or I could contest, and justify my actions, that they avoided serious damage to my vehicle and more importantly, to myself. And quite frankly... my conscience simply cannot allow me to pay this fine. My heart is compelled with no other choice, but to fight. And to fight with every whit of my being.
There is a federal lawsuit against the city of High Point, NC, for their red-light cameras. That doesn't encompass Greensboro, however. And to the best of my ability there are no lawsuits against Greensboro regarding them. I'm ready, willing and able to go the distance, to pledge not to be worn down, to be persistent as all get out, however long it takes to prove what you and me already know: that the red-light cameras are a gross violation of the United States Constitution. I want... no, have to fight this... but I can't do it alone.
At this point, it has been advised that I post this to FreeRepublic.com's general forum, to fill everyone in on what's taken place, at the circumstances now before us and what we can make of it to contest the red-light cameras. And to ask for any advice and counsel that Free Republic's "legal eagles" might offer. Because when it comes to anything like filing a lawsuit, I'm a babe in the woods. I've the passion, just not the knowledge or experience. But I wanna give this all I can.
I see your point. I dont know if contract rights have been interpreted that way. Unfortunately they end up being one way rights - like you have the right to submit to a breath test and if you break this contract provision we have the right to take your license no questions asked, even if you didnt touch a drop of booze.
Frankly, I'm considering not applying for a drivers license. Not only do they want me to submit my fingerprints in order to use the roads I have already paid for, they want me to subject myself to searches and siezures at their whim.
And those would be???
Go to court & plead your case as it happened.
Then, present the Judge a photograph of two twenties & a ten along with a big ol' racoon grin on your mug.
(~would've helped the *case* immensely had you been a 5'10" 125# B-BE babe wearing a *smart*, short dress as you flashed that smile; nevertheless...)
You'll find out real fast if the ol' Judge has a sense of humor & break-up the court's attendees.
...but, you're going to pay that fine; be it reduced or in full -- as they want that $$.
You've got to be kidding me? Fingerprints? I might be ok with one, like a thumb print but not a whole set. Maybe it makes no difference (my thinking). One may be as bad as the whole thing. What state is this? I am amazed.
|
|
That explains everything! |
Just about all of Amendments IV-VII.
The issue is about corruption of our constitutional rights. Having your license plate photographed in a red light intersection is not a crime, it is a civil penalty created by a the local city council without regard to due process.
Being deprived of due process is the real crime.
We live by laws, not by abstractions.
We live by abstractions. That's why we're allowed to have Common Law as well as have judges interpret laws. Laws in and of themselves are concrete and insoluable. The interpretation and application of them are less so. The law he broke was being in the intersection when the light turned red. Following the law he would then be fined. However the purpose of the law is to act as a gauge for what is allowable in society.
Breaking the law is a "crime" if you take it at face value but the purpose of the law behind stopping at red lights is to prevent accidents. Had he stayed he would have likely caused one. In this case staying with the law would cause damages that the law was designed to prevent.
It is arbitrariness in the enforcement of laws which may be unjust.
Yes, it is.
What I would do- I'd write about 100 page report for the section on the basis for appeal. I'd forget to sign it also, maybe even use your screen name, since it doesn't mean anything on that paper. I'd go to the appeal hearing with as many lawyers as I could find and waste many, many hours of their time. If your 100 page report is well written, you may tie them up for weeks. In the end, if they don't reverse the civil citation (most likely, since they don't get money if they reverse the citations), I'd simply not pay (I can afford to have a small mark on my credit report, since I don't need it). Make them earn their $50 or $100, even if it costs you more.
The main goal is to get it past their "administrative appeal" process and into the real courts on appeal. By having the 100 page report, you'll have plenty to appeal.
Good luck Darth, I really don't like those revenue enhancers masquerading as police these days. The last one who gave me a speeding ticket couldn't even tell East from West!
I hope the judge and the officer are driving in NJ, stop at a yellow and the car behind doesn't.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.