I thought this had been tried and declared illegal? ...you can’t challenge an automatic system, there’s no officer. (or something like that)
They tried it here in Juno Beach years ago (red light cameras too). The state threw out every single ticket and ordered the cameras removed.
The highest court in Missouri struck down red light camera and speed camera programs.
In three separate cases, the high court judges found that the cameras unconstitutionally shifted the burden of proof by forcing ticket recipients to prove their own innocence. The judges also found that the creation of “civil” citations and administrative hearings for moving traffic violations violated state law.
https://freerepublic.com/focus/f-news/3326630/posts
Something like that. You can’t cross examine the witness. You can’t subpoena the device to inspect its calibration. Lots of due process issues involved. But that doesn’t stop the state. They take cash and cars from people all the time. “Prove to us where this $5000 came from and we’ll give it back”.
The FBI recently had to give back a ton of stuff after it raided a privately run safe deposit box in Beverly Hills. They had probably cause that some of the boxes might have had illicit proceeds but then proceeded to just open them willy nilly and impound everything in the vault regardless of who the box was registered to.
Nope, it seams the legality the camera is state dependent now. Virginia has approved this too and I got hit last year for a 100.00 ticket. My town is looking at placing them in school zones. The test was done and around 30% of the cars were speeding with active flashing lights. It’s the future, now.
Yes you can. You question an officer in court about the chain of custody of the camera and how it operates- so long as the officer understands how the camera basically works. That is how you get around the confrontation issue. Otherwise, body worn camera, security cameras, and photos would never be admitted.
The fine is a civil penalty. No points on the driving record. Rules of CRIMINAL procedure do not apply.