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Judge Upholds Legality of Rochester Red-Light Camera Program
New York Law Journal ^ | November 8, 2013 | By John Caher

Posted on 11/07/2013 6:40:04 PM PST by Behind Liberal Lines

A pilot program in which surveillance cameras were installed near traffic signals in Rochester to catch motorists running red lights has been upheld by a judge who rejected the constitutional challenges of an attorney whose vehicle was among those caught on camera.

The law, V&T §111-b, allowed the city of Rochester to install up to 50 cameras at intersections and authorized a civil fine of $50. Under the law, the owner, whether or not he or she was driving the vehicle, is liable for the fine but can sue the actual driver for indemnification. The statute makes clear that a finding of liability does not constitute a conviction or add points to one's drivers license.

[Supreme Court Justice J. Scott Odorisi] found the law strictly civil in nature and, consequently, subject to a lower level of due process protection.

Odorisi said the surreptitious surveillance is actually less intrusive than traditional traffic stops, where the motorist is asked to produce registration and insurance documents, and may be questioned by a police officer who has an opportunity to peer into the vehicle.

However, in a footnote Odorisi acknowledged the potential for abuse "that sweeping changes in technology may bring, and each such alleged over-stepping will have to be assessed on its own specific facts and circumstances." In another footnote, he recognized "the potential for negative workplace repercussions for a driver who uses his or her employer's vehicle in the private workplace and receives a red light infraction notice."

(Excerpt) Read more at newyorklawjournal.com ...


TOPICS: Crime/Corruption; Front Page News; Government; US: New York
KEYWORDS: donutwatch; highwayrobbery; moneymaker; redlightcameras; revenuetickets; shakedownracket

1 posted on 11/07/2013 6:40:04 PM PST by Behind Liberal Lines
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To: Behind Liberal Lines

May he get a ticket once a week for the rest of his life.


2 posted on 11/07/2013 6:41:27 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: Still Thinking

That should be easy enough. Find out the license number of his vehicle, spoof it, and speed through a couple of red lights.

The rest is automatic ;’)


3 posted on 11/07/2013 6:44:13 PM PST by rockrr (Everything is different now...)
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To: Behind Liberal Lines

my town - Im told the NYSDOT minimum for a yellow light is 4 seconds - in some instances it was shortened to 3 after the cameras were installed


4 posted on 11/07/2013 6:46:09 PM PST by Revelation 911 (if "meat is murder" what is abortion?)
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To: rockrr

i like the way you think


5 posted on 11/07/2013 6:46:48 PM PST by Revelation 911 (if "meat is murder" what is abortion?)
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To: Behind Liberal Lines

notice “in the private workplace..”; what about the government -owned or leased vehicle snapped running a light?

Oh wait! How could I forget,government is always exempt from the rules,like the cop talking on a cellphone who made a right turn without stopping at the four-way stop intersection I was approaching . Reverse the positions ,no doubt I would have been ticketed for disregarding the stop sign AND using a cellphone in motion .This town is one of many with signs warning “rolling stops are $$$,complete stops are free”.


6 posted on 11/07/2013 6:51:00 PM PST by hoosierham (Freedom isn't free)
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To: Behind Liberal Lines

I’m not advocating dangerous vandalism but I am surprised that more people don’t practice their sniper skills on these cameras.


7 posted on 11/07/2013 6:53:13 PM PST by muir_redwoods (Don't fire until you see the blue of their helmets)
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To: Revelation 911

Here’s what happens. The cameras are installed. Revenue looks good at first. Soon drivers learn and adapt, and revenue plunges. Then they shorten the yellow light.


8 posted on 11/07/2013 7:03:22 PM PST by ltc8k6
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To: hoosierham

I hear ya. How many times do you see a police car trucking along at ten miles over the speed limit (without its siren on)? Fast driving is illegal because it is supposed to be dangerous. Why is it less dangerous when a cop does it?


9 posted on 11/07/2013 7:08:11 PM PST by fhayek
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To: Behind Liberal Lines
Read something recently about sabotaging those cameras...here on FR???

Here it is, I think: http://politicaloutcast.com/2013/09/happens-drivers-get-fed-speed-cameras/


10 posted on 11/07/2013 7:11:52 PM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: muir_redwoods

Google Gatso Vandalism. It shows how the Brits take care of speed cameras.


11 posted on 11/07/2013 7:49:08 PM PST by USAF80
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To: Still Thinking

“May he get a ticket once a week for the rest of his life.”

Judges license plate; digital camera, take picture, color printer, install color print of judges license plate on someone elses car; drive through red light cameras, get tickets sent to judge.


12 posted on 11/07/2013 8:15:53 PM PST by HereInTheHeartland (Under the Democrats; the Lincoln Memorial is closed; but the southern border is open)
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To: Behind Liberal Lines

Statists Gonna State.


13 posted on 11/07/2013 8:23:32 PM PST by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: fhayek

Here in Maine, on a rural two-lane paved road across from where I lived many years ago, a Maine state trooper was driving his cruiser over the speed limit.

He was not on an official call....he was driving over the speed limit because he could.

A woman was backing out of her driveway, and the speeding trooper crashed into her.

He, of course, had minor injuries, but the woman was killed.

The “accident” was investigated by the authorities, but the trooper got off scot-free.


14 posted on 11/07/2013 8:30:21 PM PST by july4thfreedomfoundation (The Second Amendment makes all the other amendments possible)
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To: Behind Liberal Lines

Looks like a great place to recycle your old car tires.

Hear they get that a lot in Merry Old England. :-)


15 posted on 11/07/2013 9:09:20 PM PST by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: Revelation 911

Lawsuits have been won in other states (Georgia I think?) over just such a situation.


16 posted on 11/07/2013 9:47:34 PM PST by Boogieman
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To: xzins

That doesn’t look F-350-with-Ranch-Hand-bumper proof.


17 posted on 11/07/2013 10:13:54 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: muir_redwoods

In England, they “necktie” speed camera (they are street level), with a junk tire, rags, and gasoline, which fries the internals.


18 posted on 11/07/2013 10:22:56 PM PST by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: Behind Liberal Lines

in other places these laws have been overturned because they can’t prove who’s driving the car, that they can’t issue the ticket to the vehicle owner because of this. and have won their cases.

red light cams are just revenue machines. many are not installed correctly at wrong angles and ‘catch’ people who are not running a red light. dc is notorious for these problems.

they also can’t issue tickets if your license plate digits aren’t fully readable .


19 posted on 11/07/2013 11:20:31 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: ltc8k6

yes that s another ‘trick’. and it makes the intersection a lot more dangerous, for pinching a few bucks from citizens.


20 posted on 11/07/2013 11:22:32 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Behind Liberal Lines

Just call it a tax, and stop the semantics game.


21 posted on 11/08/2013 12:26:55 AM PST by Exton1
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To: Spktyr

It doesn’t, does it?


22 posted on 11/08/2013 4:57:36 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: fhayek

I spend way too much time on the Massachusetts Turnpike. In some of the more rural areas,I am routinely passed by state cops like I am standing still, while going 75mph. They are doing triple digits, easily. If one happens to be in the left lane, they will tailgate you close enough that you can’t even see their headlights in your rearview mirror and stay there until you move. One of these days I’m gonna brake-check one of those A-holes.


23 posted on 11/08/2013 5:25:02 AM PST by j_tull (Massachusetts - once leader of the American Revolution, now leader of its demise.)
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To: Exton1

Back in the 90’s, DC was complaining about paying for roads that the “suburban white people” use to come into “our city” to make money. They raised taxes on prepared foods and tried to get a commuter tax but it never made it past Congress. It seems they don’t have enough people that reside in the city to pay for their stuff.
So, fast forward to today, they have about 200 cameras all aimed at drivers coming in to the district.. this is their commuter tax that yields them $65,000,000 per year but, it’s done in the name of “safety”.


24 posted on 11/08/2013 5:51:56 AM PST by newnhdad (Our new motto: USA, it was fun while it lasted.)
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To: Behind Liberal Lines
Odorisi said the surreptitious surveillance is actually less intrusive than traditional traffic stops, where the motorist is asked to produce registration and insurance documents, and may be questioned by a police officer who has an opportunity to peer into the vehicle.

More likely to actually stop a driver with an outstanding warrant (who may even be dangerous) than if you just mail the car owner a ticket.

25 posted on 11/08/2013 12:06:00 PM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: Slings and Arrows

26 posted on 11/08/2013 12:08:34 PM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: Secret Agent Man
In Houston, the law was repealed by voters using a ballot referendum. The city government HATED that. They even renegotiated the contract in favor of the privately owned red light camera company so that we would owe them money if we "broke contract".

Some surrounding communities still have them.

27 posted on 11/08/2013 12:11:00 PM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: Boogieman

Records here show that the number of collisions actually increased. So much for “preventing accidents”.


28 posted on 11/08/2013 12:11:52 PM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: Boogieman
Rear end collisions that is.

And when the number of accidents was low without the cameras, we were told it was because of high gas prices, weather, etc.

29 posted on 11/08/2013 12:12:36 PM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: a fool in paradise

Did you make that, or was it already around?


30 posted on 11/08/2013 12:23:50 PM PST by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: Slings and Arrows

I found it online just now. There are also t-shirts and other graphics if you do some image searching.


31 posted on 11/08/2013 12:25:23 PM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: a fool in paradise

Ecclesiastes strikes again.


32 posted on 11/08/2013 12:26:20 PM PST by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: Behind Liberal Lines

Radar devices

Light Cameras

What’s next?

...Seat Belt Alarms

...Drivers License scan to start vehicle

etc


33 posted on 11/08/2013 12:26:51 PM PST by deport
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To: deport
Some people are pushing for breathalyzers in all cars (prior charges/convictions or not).

Others are pushing for black boxes to record "pre-crash data" and others are pushing for GPS black boxes to tax your driving per mile of road use.

34 posted on 11/08/2013 12:32:56 PM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: rockrr

you’re right...

But, why can’t normal, common sense folks run for office? Why does it always seem to be a bunch of greedy corrupt bastards?


35 posted on 11/08/2013 2:31:00 PM PST by qaz123
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To: a fool in paradise
Many vehicles have had Event Data Recorders, EDR, for some years. More are being added
as time goes on. Here is some info which vehicles, models, etc. have them.
PDF files so you have to click open or download to see them.

www.rimkus.com/uploads/pdfs/Event_Data_Recorder.pdf

or the following

http://www.meaforensic.com/Portals/45635/docs/cdr_v10.0_vehicle_coverage_list_r1_0_0.pdf

36 posted on 11/08/2013 3:35:24 PM PST by deport
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To: qaz123

I think the narcissist comes first - which in short order becomes the greedy corrupt bastard.


37 posted on 11/08/2013 3:59:34 PM PST by rockrr (Everything is different now...)
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To: rockrr

Well said.


38 posted on 11/08/2013 6:25:03 PM PST by qaz123
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