Amusing speeding ticket

[ambermorn]

HAW! brilliant!

[Spectre]

Originally Posted by nomix

Why is that?

Can't you just amend the PATRIOT act, and use that to use speed cameras?

Well. Not really, but why is speed cameras a problem in the US?

And no, I don't like the cams.

Um, the Patriot Act doesn't do or say what you think it does. I'd also like to point out that your own country already *has* similar laws, it just doesn't advertise it.

Speed cameras are considered a problem in the US for multiple reasons. Here's two.

1. The Fifth Amendment of the US Constitution says that the accused cannot be compelled to testify against themselves. Speeding here is a misdemeanor (or in some cases a felony depending on how fast) *crime* - and the penalties must be assessed against the driver, not just against the owner of the car.

So, since most speed cameras do not take a picture of the person operating the car, the government is unable to prove who is operating the car - and the owner can "take the fifth" and refuse to say who was driving it. In California, they tried putting up speed cameras and got shot down by a lot of lawyers - and then got countersued for violating people's Constitutional rights. Texas didn't bother - we've now banned speed cameras entirely.

2. The Sixth Amendment of the US Constitution says that the accused has the right to confront the witnesses against him; to cross-examine them. When an officer with a speed measurement device issues a ticket, he is using his own trained judgement to visually tell if you are speeding; the radar/lidar gun only confirms it and tells him just how fast you were going - or that's the legal theory, anyway. What it means is that you can cross-examine the officer in court; you can question the accuracy of his judgement, you can subpoena his patrol car's camera footage that may say different, you can ask if he could have been mistaken, if his radar gun was properly calibrated that day, if he was positive it was your car, et cetera.

It is impossible to cross-examine a speed camera. Was it in calibration at the time? Is the shutter time on the camera properly calibrated? Radar only tells you how fast the the fastest radar return is going - how did camera tell who that was (it can't)?

And before you ask about the use of photographs and video in other crimes, neither one of those is admissible in and of itself in American courts. It has to be introduced with a human (who observed the offense), or supported by other concrete evidence (proof that money was missing, bullets, etc., etc), otherwise it is not admissible.

[epp_b]

Can't you just amend the PATRIOT act, and use that to use speed cameras?

I wouldn't put it past DC slime.

[thedguy]

Originally Posted by Spectre

Speed cameras are considered a problem in the US for multiple reasons. Here's two.

Every time I start to think "I hate this place," I see stuff like that and remember just how awesome our country can be

Excellent post.

[tigger]

Originally Posted by thedguy

Excellent post.

Indeed. Well said Spectre.

That letter is hilarious. The whole thing could have just been a few sentences long, but he hammed it up, good for him .

[JipJopJones]

That's a classic..... *hits print*

[wooflepoof]

Texas didn't bother - we've now banned speed cameras entirely.

Texas: We don't bother with things that suck

[thedguy]

^^^^ Only because there is already so much suck in the state

[Momentum57]

Hell ya very nice of them to admit they were well wrong and that he was very funny

[wooflepoof]

Originally Posted by thedguy

^^^^ Only because there is already so much suck in the state

pfft well apparently you live in a place where you have to be stupid to get ahead