Red-Light Cameras Unconstitutional!!!
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Above is a link to an article regarding a decision by a Florida judge ruling that red-light cameras are unconstitutional. Hopefully, the same result regarding red-light cameras will take place here in Houston, TX. Houston criminal defense and traffic ticket defense, Paul Kubosh, has started a petition drive in Houston to get the issue of red light cameras placed on the ballot for the upcoming general election. The public and not government officials would be able to decide either for or against red-light cameras. Letting the people decide what a noble concept! Red-light cameras are not about safety, it’s about cities looking for ways to increase revenues. They increase revenue by making these offenses civil, instead of criminal. As any good criminal defense or traffic ticket lawyer knews when you make an offense civil, an individual no longer has a right to a jury trial or another of the constitutional rights that are afforded a person accused of a criminal offense. It costs local governments money to conduct jury trials for individuals accused of traffic offenses such as “running a red light”. In addition, the accused individual now has the burden of proof in the civil/administrative hearing. What this means is that most people are going to held liable for paying the ticket even if the State offers no “real” evidence that it was in fact that person who was the violater or that the red-light camera was even working correctly. Furthermore, cities know that by placing cameras at these intersections, that they can reduce the number of traffic enforcement officers monitoring these intersections. Once again, saving the city money by reducing costs for traffic enforcement officers pay. It’s not about safety, it’s about money. Several studies illustate that it’s not really about safety, so don’t let the local governments fool you into thinking otherwise.
The other danger regarding government use of red-light cameras and other similar tactics is the issue of decriminalization. Red-light cameras are the government’s first steps in a fight to potentially decriminalize other violations as well and make them civil in nature. Once again, an individual does not get the same constitutional rights and protections in civil/administrative proceeding that a person would have in a criminal proceeding.
So I ask that you please join the fight here in Houston and sign the petition initiated by Paul Kubosh against red-light cameras and decriminalization.
CRIMINAL DEFENSE LAW, Recent Traffic Law Developments, TRAFFIC TICKET DEFENSE
According to a survey released by the National Highway Traffic Safety Administration, fewer Americans are drinking and driving, but one in six drivers are driving while on drugs during the weekend. The data was released from a survey conducted in 2007….
http://www.IdiotsTrafficSchool.com http://www.FreeTryTrafficSchool.com http://www.DummiesTrafficSchool.com
I was charged by a Notice of Violation with unlawfully operating a motor vehicle in Houston. I was named as the offender, punishable by a $75 fine. It further said, perhaps oxymoronically, that the facts were true. The problem with truthfulness is that I was demonstrably in Montana at the time.
I went through the prescribed appeals, and was unable (despite oral admission I was not the offender) to get any exoneration from the personal charge of unlawful conduct, instead being told that since I was liable it was irrelevant.
I filed a lawsuit in state district court, and defendant moved the case to federal district court where the case was dismissed on motion because my process was inadequate by federal standards (not in the the court in which I originally filed)! Further, I never received any notice of hearing on the motion and therefore did not know I needed to opppose it. I have filed a motion for reconsideration (presumably equivalent to a request for reinstatement) and am waiting to see what happens.
I have spoken with Michael Kubosh but not his brother the attorney, and am familiar with their earlier judgment against The City of Houston. I cannot understand why The City will not relent on the acknowledged false charges, so now I am going from law-abiding citizen who peacefully went about his business to a vociferous campaigner against the red light camera cash cow supposedly intended to improve public safety (ha!)!
I cannot sign the Kubosh decision, as I live and vote in Fort bend County (Stafford), but wish them well and have offered to appear at rallies or do whatever else I can to put an end to this nonsense. I hope their lack of response is because there are just so many of us who feel the same way they have not had the time.
If we who are indisposed do not act to protect American civil liberties, then we may blame ourselves if our children will be made to live under the same kind of oppression our forefathers built this great nation to escape! Perhaps my efforts will have some value, even if that is to bring the abusive policy into the sunlight so the people can vote it down.
I have heard the Republican party may be contemplating petitioning for a state-wide referendum.
Erratum: I cannot sign the Kubosh petition, ….
A further remark: One may appeal adverse decisions by municipal courts in county courts. I was not contesting liability for the offense, but arguing for making null and void the false charges of unlawful conduct personally leveled against me (however, the judge specifically said she would not act on that). In my district court case, I also alleged malicious disregard for the facts, seeking punitives. If I am correct, these new causes of action allowed me to seek a jury trial, and I did. By the way, I am contesting a similar untrue charge in Sugar Land (another story).
Whether false charges are labeled as civil or criminal, they should be rescinded when proven false; and if they are not those making them should be called to task. Further, the regulation that allows such abuse to occur should not be allowed to survive. The Constitution may not give the same rights to civil defendants as it does to criminal ones, but when the ideal of truth and justice for all falls on deaf ears, we have a lot to do.
i don’t think they should be illegal. My mother was almost killed because someone ran a red light. If people knew they would get ticketed for running a red even if there weren’t any cops around, then maybe they would be more careful.
The topic of red light cameras in Houston has been a hot one since the City began employing them at major intersections on September 1, 2006. Proponents of the program hold that its main purpose is to decrease the number of red light runners and reduce collisions, while those in opposition argue that it’s aimed at making money for municipalities rather than improving traffic safety.