Red Light Ticketing Cameras
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Red Light Ticketing Cameras
PDF File Baird v. Florida Department of Transportation (Eighteenth Judicial Circuit of Florida, 4/22/2008
Here's the interesting paragraph from the decision regarding automatic toll runner ticketing
Although the Florida Department of Transportation agreed to drop the charges and fines against Baird, Seminole County Judge Ralph Eriksson insisted Baird must pay. Galluzzo overturned Eriksson, ruling not only that Baird was denied due process but also that the concept of photo enforced toll citations violated due process.
"The prosecuting authority has the burden of proving the act occurred and that the appellant committed the act," Galluzzo wrote. "A photographic image of the rear of a vehicle attached to a citation, without proof as to who the driver was at the time of the violation, even in light of this statutes' rebuttable presumptions, is insufficient to enforce the citation issued to the registered owner of the vehicle as against that owner.... The statute attempts to impermissibly shift the burden to the owner of a vehicle to prove they were not the driver."
fltsfshr
Here's the interesting paragraph from the decision regarding automatic toll runner ticketing
Although the Florida Department of Transportation agreed to drop the charges and fines against Baird, Seminole County Judge Ralph Eriksson insisted Baird must pay. Galluzzo overturned Eriksson, ruling not only that Baird was denied due process but also that the concept of photo enforced toll citations violated due process.
"The prosecuting authority has the burden of proving the act occurred and that the appellant committed the act," Galluzzo wrote. "A photographic image of the rear of a vehicle attached to a citation, without proof as to who the driver was at the time of the violation, even in light of this statutes' rebuttable presumptions, is insufficient to enforce the citation issued to the registered owner of the vehicle as against that owner.... The statute attempts to impermissibly shift the burden to the owner of a vehicle to prove they were not the driver."
fltsfshr
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Am I mistaken or does adding a camera to take the driver's photo (i.e. from the front) and of the license plate from the rear simultaneously eliminate this issue?
Either way, it's good news for the people involved in the suit.
Either way, it's good news for the people involved in the suit.
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Originally Posted by fltsfshr,Apr 28 2008, 12:13 PM
I don't know if that's possible for them to do. But if they did do it. I know the answer to your question.
ANSWER
fltsfshr
ANSWER
fltsfshr
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everyone knows or should, might know europe or germany in general use's camera for many reasons of which one is red lights.. or in their case running yellow lights... anyway.. not from a running the light but from an exceeding the posted limit I got a ticket mailed to me.... very clear, plate, my speedo and my mile... you could read the time on my watch...
so i'd say if the toll company sets up the camera right or with help, they can make such a case stick in the future...
i also say camera's setup and enforced would cut down on offenders once people got the hang of it...
so i'd say if the toll company sets up the camera right or with help, they can make such a case stick in the future...
i also say camera's setup and enforced would cut down on offenders once people got the hang of it...