Speed Vans denying your Constitutional Rights

[jimdana1942]

Seems to me they are. You can be issued a citation without any ability to contest it in a Court. Here in Sulphur they say you can have a "mediation" instead.

I wish I could afford to move away from here!

 

[flamatrix99]

HAte to tell you but they are all over the US.

 

[jimdana1942]

I'll never drive anywhere again.

 

[Jimmy Dean]

They have been brought up in courts, along with red-light cameras that are permanent, and some places have deemed them unconstitutional on grounds that you are not granted the right to face your accuser.

From what I undestand, there is a pending lawsuit in Lafayette over them.

 

[dantheman]

As with the red light cameras , they generate a ton of revenue . It will be hard to make them go away .

 

[vsound]

Unfortunately, the court case in Lafayette went for the cameras. The penalties are civil instead of criminal, so it's only a monetary penalty. By switching it to a civil fine, they get around the assorted amendments that control criminal procedures. The court was okay with it.

 

[Zeek]

Unfortunately, the court case in Lafayette went for the cameras. The penalties are civil instead of criminal, so it's only a monetary penalty. By switching it to a civil fine, they get around the assorted amendments that control criminal procedures. The court was okay with it.

Why isn't it a civil offense when a LEO gives you a ticket? How can the same offense go either way? What really happens if you dont pay it? Since it is civil, there will not be a warrant, right. Is it like not paying some other bill?

Where is McInfantry?

 

[Nolacopusmc]

Not realy sure why we started a third thread on this, but....

http://www.bayoushooter.com/forums/showthread.php?t=12565

http://www.bayoushooter.com/forums/showthread.php?t=12578

http://www.bayoushooter.com/forums/showthread.php?t=12363

Sorry, fourth thread.

 

[vsound]

Read the decision for yourself. http://www.ornamentalpondfish.com/images/Personal/Ware-decision.pdf

It's not a true opinion that decided the case, it was in the form of a recommendation from the judge that the plaintiff's drop the case (which they did).

 

[vsound]

In summary, the Supreme Court many years ago had a case in which they said they were okay with localities reducing a criminal violation to a civil violation and only applying a monetary fine. A monetary fine is not considered deprivation of property, so "due process" doesn't apply. Also, because it is now civil in nature, the rules of evidence don't apply the same so they shifted to "preponderance of the evidence" rather than "beyond a reasonable doubt". If you are pulled over by a cop, it is still a criminal offense per the State code, but you can't get ticketed by the camera at the same time.

If you get ticketed, you can choose not to pay, but then it will result in a bench warrant (just like a parking ticket) at which point it goes to the criminal side.

 

[Nolacopusmc]

In summary, the Supreme Court many years ago had a case in which they said they were okay with localities reducing a criminal violation to a civil violation and only applying a monetary fine. A monetary fine is not considered deprivation of property, so "due process" doesn't apply. Also, because it is now civil in nature, the rules of evidence don't apply the same so they shifted to "preponderance of the evidence" rather than "beyond a reasonable doubt". If you are pulled over by a cop, it is still a criminal offense per the State code, but you can't get ticketed by the camera at the same time.

If you get ticketed, you can choose not to pay, but then it will result in a bench warrant (just like a parking ticket) at which point it goes to the criminal side.

Yep, see link three I posted.

 

[flamatrix99]

Of course, the bottom line is... DON'T DRIVE LIKE AN *******, AND YOU WON'T RUN AFOUL OF THIS.

Gee... what a novel concept, eh?

.

This is what I try to do. I don't need my insurance going up.

 

[Kraut]

I read about some guys who took a front end plate off of a speed van in Australia, then drove by it speeding somewhere in the realm of 20+ times, resulting in the municipality or state or whatever that owned the van receiving violations in the mail.

 

[lilmoose0]

I read about some guys who took a front end plate off of a speed van in Australia, then drove by it speeding somewhere in the realm of 20+ times, resulting in the municipality or state or whatever that owned the van receiving violations in the mail.

Now that's street justice.