Skip to comments.Judge: Red light tickets unconstitutional
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.
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.
Why can’t they use this technology to identify and deport illegals. Everyone would be willing to help pay for this service.
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.
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.
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.
That sounds like double jeopardy as it being convicted twice for the same crime. She should have fought it.
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.
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...
In Florida, I believe camera tickets are treated as code violations, so I doubt this judge’s ruling will hold up.
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.
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”.
Exactly. Camera tickets are unconstitutional... it’s called the 5th Amendment.
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...
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!”
Thanks for the picture.