Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Judge: Red light tickets unconstitutional
June 10, 2011

Posted on 06/10/2011 1:04:39 PM PDT by JoeProBono

FORT LAUDERDALE, Fla.- A Florida judge says red light tickets issued by police officers are unconstitutional because they impose more severe penalties than red light camera citations.

Broward County Judge Fred Berman noted last week police write tickets for $260 when they observe a motorist blowing through a red light while $158 citations are issued to motorists caught by the red light cameras, the South Florida Sun-Sentinel reported Friday.

Berman said the police-issued tickets, which also impose points on driver's licenses, violate equal protection provisions in the U.S. and Florida constitutions.

The ruling eliminated a ticket issued to a motorist by a Davie police officer.

"A driver who is observed by an officer committing the violation (in the traditional manner) is subjected to more severe penalties and ramifications than a driver who is fortunate enough to have committed the infraction at a 'red light camera' intersection," Berman wrote.


TOPICS: Chit/Chat
KEYWORDS: duh; redlightcamera; tickets


1 posted on 06/10/2011 1:04:48 PM PDT by JoeProBono
[ Post Reply | Private Reply | View Replies]

To: JoeProBono

What’s unconstitutional is how high the ticket price is. I thought we were to be protected against “unusual” punishment.

As to the difference between the patrolman issued and the camera issued ticket, I’m a bit more agnostic. After all, the patrolman-issued ticket has that handcrafted personal touch.


2 posted on 06/10/2011 1:06:45 PM PDT by Pearls Before Swine
[ Post Reply | Private Reply | To 1 | View Replies]

To: JoeProBono
You know the solution will be to raise the red light camera ticket to $260 and not the other way around.
3 posted on 06/10/2011 1:07:12 PM PDT by BipolarBob (There, but for the grace of Jose Cuervo, go I.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BipolarBob

Why can’t they use this technology to identify and deport illegals. Everyone would be willing to help pay for this service.


4 posted on 06/10/2011 1:13:03 PM PDT by magna carta
[ Post Reply | Private Reply | To 3 | View Replies]

To: BipolarBob

I agree with your solution, although I am much more comfortable with my accuser being a person rather than a machine. I can’t stand those machines and who knows what the data they are collecting are being used for next.


5 posted on 06/10/2011 1:14:04 PM PDT by DonaldC (A nation cannot stand in the absence of religious principle.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: JoeProBono

I remember a story where a person received a citation from a cop for running a red light, only to receive yet another one from the camera. As one was a municipal violation (red light camera) and the other one was a state statue (The citation from the cop), she had to pay both tickets.


6 posted on 06/10/2011 1:14:24 PM PDT by Thunder90 (Fighting for truth and the American way... http://citizensfortruthandtheamericanway.blogspot.com/)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JoeProBono
I would have thought it unconstitutional due to: how can one confront an accuser if it is a machine?

The thugs behind red light cameras claim it is for civil infractions instead of criminal so it is not permitted to confront one's accuser.

The cameras are nothing but revenue generators... the cameras should all be taken down, put on a pile and burned.

7 posted on 06/10/2011 1:15:15 PM PDT by Trajan88 (www.bullittclub.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Thunder90

That sounds like double jeopardy as it being convicted twice for the same crime. She should have fought it.


8 posted on 06/10/2011 1:16:56 PM PDT by autumnraine (America how long will you be so deaf and dumb to the chariot wheels carrying you to the guillotine?)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Trajan88
There was a column some time ago in The Wall Street Journal which argued convincingly that the red light cameras are all about raising revenue--and not at all about the supposed goal of improving traffic safety.
9 posted on 06/10/2011 1:17:53 PM PDT by Verginius Rufus
[ Post Reply | Private Reply | To 7 | View Replies]

To: JoeProBono
This is just stupid, actually.
Many red light cameras don't work, or they don't work right if they are working.
So the judge is saying that it's better to use Orwellian technology that doesn't work well if it DOES work.
Bureaucracy in motion!
10 posted on 06/10/2011 1:18:46 PM PDT by Darksheare (You will never defeat Bok Choy!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JoeProBono

I think Pennsylvania treats a Red Light Camera ticket as if it were a parking ticket. IOW’s the ticket goes to the registered owner of the car. A police citation goes to the operator of the vehicle. That’s why one has points and the other doesn’t.


11 posted on 06/10/2011 1:20:14 PM PDT by Tallguy (You can safely ignore anything that precedes the word "But"...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pearls Before Swine
If you fight a ticket in court, the policeman that issued the ticket has to appear..if he doesn't you win...you cannot cross examine a camera. You have a right to face your accuser...
12 posted on 06/10/2011 1:21:06 PM PDT by goat granny
[ Post Reply | Private Reply | To 2 | View Replies]

To: JoeProBono

That’s just a sniper target! Problem is getting them all at once.....People in England hang gas-soaked tyres on the arms that jut out and light them on fire......very nice! There is a web site that shows all the carnage...


13 posted on 06/10/2011 1:22:43 PM PDT by Gaffer
[ Post Reply | Private Reply | To 1 | View Replies]

To: JoeProBono

In Florida, I believe camera tickets are treated as code violations, so I doubt this judge’s ruling will hold up.


14 posted on 06/10/2011 1:23:33 PM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DonaldC

In court, we are supposed to be given the opportunity to meet our accusers. It’s going to be hard to have my defense attorney cross examine a camera.


15 posted on 06/10/2011 1:24:29 PM PDT by BipolarBob (There, but for the grace of Jose Cuervo, go I.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: JoeProBono

I think the judge is right on the issue of the amount of the fine, but I would like to see the tickets handed out by the method of the “red light cameras” to be declared unconstitutional. They go against presumed innocence until proven guilty as they operate, usually, on the assumption that the owner of the vehicle was the driver at the time the vehicle ran the red light - part of the presumption of such tickets and maybe why the fines are less. But, instead of the law having to prove the owner was the driver, it is presumed they are and the tickets are usually allowed to stand.

Frankly, I an personally opposed to all government cameras in “the public square”; that is anywhere outside of any government, or private, building where such cameras may be used for security reasons for that location. But, outside of such facilities, it is our Liberty that is supposed to be “secure”, not the convenience of “law enforcement”.


16 posted on 06/10/2011 1:33:08 PM PDT by Wuli
[ Post Reply | Private Reply | To 1 | View Replies]

To: BipolarBob

Exactly. Camera tickets are unconstitutional... it’s called the 5th Amendment.


17 posted on 06/10/2011 1:36:36 PM PDT by VA_Gentleman ("Poor Al Gore. Global warming completely debunked via the very internet you invented." -Jon Stewart)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Pearls Before Swine


18 posted on 06/10/2011 1:42:23 PM PDT by JoeProBono (A closed mouth gathers no feet)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Wuli


19 posted on 06/10/2011 1:49:49 PM PDT by JoeProBono (A closed mouth gathers no feet)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Pearls Before Swine

I received a ticket for talking on the cell phone here in upstate NY (Syracuse) last November...the fine was $50, but the administrative and processing fees were $90...so they can argue the fines are not punitive, but you have no recourse in arguing the fees...

And I was fortunate, as of 1 Jan 2011, it’s $100 plus 2 points, they don’t say what the fees are as that probably varies from jurisdiction to jurisdiction...


20 posted on 06/10/2011 2:10:12 PM PDT by IMTOFT (At least I'm enjoying the ride...)
[ Post Reply | Private Reply | To 2 | View Replies]

To: magna carta

Because you have to have an address to send the picture too - and pick up the culprit!

I can see it now - Flash! “This is a recorded message - please approach the poll -and enter you correct forwarding address for the citation and later removal to your place of origin... BEEP!”


21 posted on 06/10/2011 2:35:22 PM PDT by fremont_steve
[ Post Reply | Private Reply | To 4 | View Replies]

To: JoeProBono

Thanks for the picture.


22 posted on 06/10/2011 2:55:44 PM PDT by Wuli
[ Post Reply | Private Reply | To 19 | View Replies]

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.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson