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Post 21 Jul 2013, 1:17 pm

Additionally, I will tell you (all) that traffic court is somewhat unpredictable. I generally appeared before 2 judges. One would nearly always side with the officers. The other was his evil twin--almost never believing the officers.

Furthermore, although it was not the case in my situation, there may be witnesses available to me, or evidence of some kind--all of which are rendered useless by such a delay in being informed of the incident.

Eventually, this sort of thing will be challenged. I don't know if it can withstand legal scrutiny. It may, but I'm dubious.


There's not a lot of point in belabouring this since we're broadly in agreement about the issue, but I do still disagree on this aspect. Ultimately if the technology that they use to capture the speed of the car is reliable and known to be reliable then it won't really matter whether you have any witnesses. The only evidence that would be any use to you is evidence that the cameras were not working properly. It comes down to the effectiveness of the technology, and I'm pretty sure that most judges by now will be convinced that the technology can be trusted.

But honestly, whether or not this tactic can be justified constitutionally is immaterial I think. Even if it's legal that wouldn't make it right. I'm reminded a little bit of stories an Asian friend has told me about how the police operate in Pakistan. Apparently they spend all day trying to tap people up for baksheesh. That's all police except the traffic police on the main highways, who are not allowed to take bribes as such but do take a cut from 'fines' levied on motorists who break any of the traffic laws. When he goes back to Pakistan my friend always makes sure to keep a big roll of rupees on hand so he can pay all of the 'fines' that he's sure to incur between the airport and his home in Kashmir (he's related by marriage to a senior judge in Kashmir itself so funnily enough he doesn't tend to commit so many motoring offences once he gets there...). Obviously this is not so bad, but it's of a type I think. Overzealous policing of minor offences with a view to raising lots of small fines that will add up to a tidy profit.
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Post 22 Jul 2013, 6:26 am

Fate
There is no risk of accident, if the officers are trained properly



According to FBI statistics, more officers are killed or injured annually during the course of a traffic stop than at any other time excluding vehicle accidents and effecting arrests.

source: http://en.wikipedia.org/wiki/Traffic_stop

fate
The State can do no wrong in your eyes. That's fine

Oh please.
I've already said that if its just a revenue grab then I think it stinks. How can you know its a revenue grab? In some places cameras have been "out sourced" to prvate contractors who receive a portion of the receipts as compensation. That to me is a clear indication of a conflict.
However, where the intent is to actually improve the safe execution of enforcement of speeding laws, making the cops safer and using their skills more effectively it makes sense.
Every other problem you've listed can be the same for polcie versus cameras. That is, unfair locations, unfair speed limits ... And with police you have the possibility of bias, (racial, sex, or maybe he doesn't like the football team decal on your plate ...) where with cameras you exclude bias.
The constitutionality? I think there are some cases wending their way through court ... But you don't have a right to drive a car. You are licensed to do so, and that probably limits your appeal to the protections of the consitution. Especially with cameras. First: you haven't been stopped, or searched. Second you do have the ability to go to court. The fact your memory doesn't serve to help you with a defence is your problem. But an inadequate memory has nothing to do with the constitution.
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Post 22 Jul 2013, 8:38 am

rickyp wrote:Fate
There is no risk of accident, if the officers are trained properly



According to FBI statistics, more officers are killed or injured annually during the course of a traffic stop than at any other time excluding vehicle accidents and effecting arrests.

source: http://en.wikipedia.org/wiki/Traffic_stop


And, it goes back to training. I see t-stops all the time that are improperly done. For example, they will pull someone over on a two-lane road when there is a parking lot within a hundred feet they could have the person pull into. Out of the stops I drive by, I would say nearly half are done very poorly.

fate
The State can do no wrong in your eyes. That's fine

Oh please.
I've already said that if its just a revenue grab then I think it stinks. How can you know its a revenue grab?


To even ask that question is to ignore the evidence.

1. Low fine.
2. Low cost for the city.
3. No points for the driver (obviously not concerned with removing dangerous drivers)
4. No contact (driver could be high, drunk, a criminal)
5. As I posted, Denver ranks in the top 5 nationally for speed traps.

However, where the intent is to actually improve the safe execution of enforcement of speeding laws, making the cops safer and using their skills more effectively it makes sense.


I've made a prima facie case that it's not. You've adduced zero evidence.

Every other problem you've listed can be the same for polcie versus cameras. That is, unfair locations, unfair speed limits ...


Not at all.

1. If you're stopped by a cop, the fines are steep.
2. The points go on your record, raising your insurance and increasing the chances of losing your license to suspension.
3. You know immediately of the allegation.
4. You know who your accuser is. You've actually met him/her.

And with police you have the possibility of bias, (racial, sex, or maybe he doesn't like the football team decal on your plate ...) where with cameras you exclude bias.


Actually, you don't know that. it's not a "camera." There is a person there. What we don't know is if that van has the capability of running license plates. If so, the propensity to lie about rental cars would be enormous.

Think about it this way: with a cop, he/she has a multiplicity of obligations. This van has one--to write speeding tickets. If it went an 8-hour shift without producing, that would be a problem. They have no motivation to do anything but crank them out. A police officer could use his/her discretion. For example, someone is rushing a child to the hospital. An officer can give a warning. A photo van cannot.

The constitutionality? I think there are some cases wending their way through court ...


Which ones?

But you don't have a right to drive a car. You are licensed to do so, and that probably limits your appeal to the protections of the consitution.


You are neither a lawyer, nor an actor who plays one on TV. That is a foolish statement.

Cops can't pull you over and search your vehicle without cause. Why? Oh, the Constitution.

They can't pull you over and force you to self-incriminate. Why? Oh, the Constitution.

They can't pull you over for fun. Why? Oh, the Constitution.

Especially with cameras. First: you haven't been stopped, or searched. Second you do have the ability to go to court. The fact your memory doesn't serve to help you with a defence is your problem. But an inadequate memory has nothing to do with the constitution.


And, your inability to think doesn't inhibit your ability to make a fool of yourself. There are all manner of "reasonable" protections that we enjoy. My contention is that it is not "reasonable" to think that someone should remember a routine drive they took 2 months prior to receiving such a notice. I'm pretty confident that contention would hold water in court. Why? Because it's unreasonable to think someone should remember a routine event 60 or more days later.

Again, you can claim it's reasonable. But, unless you have some study or legal precedent, the burden is on you (as you represent the State's interest here) not me.
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Post 22 Jul 2013, 11:47 am

fate
I see t-stops all the time that are improperly done

So, since your own personal experience, plus the FBI statistics, indicate that speeding stops are dangerous ...
You'll agree that avoiding them is a good idea?

fate
Cops can't pull you over and search your vehicle without cause. Why? Oh, the Constitution[/quote
No. They have to pretend they have a cause. Like speeding.

fate

To even ask that question is to ignore the evidence.


1. Low fine.
2. Low cost for the city.
3. No points for the driver (obviously not concerned with removing dangerous drivers)
4. No contact (driver could be high, drunk, a criminal)
5. As I posted, Denver ranks in the top 5 nationally for speed traps

How is this evidence of it being a cash ploy?
1 is a choice...period.
2. Is a great idea to decrease the cost of enforcement where possible.
3. You are fining the owner of the car, not the driver. Points are a penalty imposed personnally. The fine is aimed at the owner ensuring that whomever drvies the car is responsible.
4. Could be. But the consitutional challenges against random stops are greater than against speed stops. And the notion that speeding is an indication of some other crime you offer no evidence for ....
5. And the reasons for that could be many...

fate
Not at all.

1. If you're stopped by a cop, the fines are steep.
2. The points go on your record, raising your insurance and increasing the chances of losing your license to suspension.
3. You know immediately of the allegation.
4. You know who your accuser is. You've actually met him/her.

So what. The speed trap could still be in an unfair location. The cop could be lieing about the radar result. And you and/or the cop could be hit whilst stopped by the side of a busy highway.

fate
Actually, you don't know that. it's not a "camera." There is a person there. What we don't know is if that van has the capability of running license plates. If so, the propensity to lie about rental cars would be enormous.

You realy haven't looked into this have you? There are three kinds of speed cameras in use, and none are "selective" as you imagine.

http://www.autoevolution.com/news/how-s ... 18060.html


Fate
Think about it this way: with a cop, he/she has a multiplicity of obligations. This van has one--to write speeding tickets. If it went an 8-hour shift without producing, that would be a problem. They have no motivation to do anything but crank them out. A police officer could use his/her discretion. For example, someone is rushing a child to the hospital. An officer can give a warning. A photo van cannot.

It would be great if that cop were doing something that a camera couldn't replace him for... But as to the question of results? If a camera at a fixed location doesn't have any speeders, it might be assessed to make sure its working. More likely they would download the data (its a computer not just a camera) and determine the average speed on the road way (Not just the speeders) was down. In that case, they have achieved the desired result ...
As for the cop stopping someone on the way to the hospital, and the camera just giving a ticket....
First, not being stopped actually got the car to the hospital more quickly. And second, you do have the ability to show up at court and fight the ticker with a reasonable explanation... And with evidence to support the need for speed, like hospital records ...
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Post 22 Jul 2013, 12:44 pm

rickyp wrote:fate
I see t-stops all the time that are improperly done

So, since your own personal experience, plus the FBI statistics, indicate that speeding stops are dangerous ...
You'll agree that avoiding them is a good idea?


No, it's a dumb one--unless you believe people who are speeding are never under the influence of drugs, fleeing the scene of a crime, or may pose a hazard. I said training is the issue, but you want to persist in being a fool.

fate
Cops can't pull you over and search your vehicle without cause. Why? Oh, the Constitution

No. They have to pretend they have a cause. Like speeding.


You might think that. However, now that most units have video cameras, lying probably isn't the best move.

Let me ask you, since you know so much, how do cops determine if someone is speeding? Go ahead, feel free to write ALL of your knowledge. I'll read it all.

How is this evidence of it being a cash ploy?
1 is a choice...period.


A choice? So, the city is foregoing higher fines . . . out of a sense of altruism?

2. Is a great idea to decrease the cost of enforcement where possible.


This doesn't do that. If you take any cops off the street, that leaves fewer to respond to more serious situations. But, again, feel free to cite your vast experience.

3. You are fining the owner of the car, not the driver. Points are a penalty imposed personnally. The fine is aimed at the owner ensuring that whomever drvies the car is responsible.


That's rubbish. If someone is a danger, shouldn't their license be revoked. You said (rightly) driving is a privilege. Now you seem to be saying that the privilege should be revoked by the owner of a vehicle, not the State. It would not take Columbo to sort out who the driver was.

4. Could be. But the consitutional challenges against random stops are greater than against speed stops. And the notion that speeding is an indication of some other crime you offer no evidence for ....


Again, you're being moronic. Speeding is not NECESSARILY an indicator of some other crime, but it can be. If someone robs a bank, they are somewhat more likely to make haste as they depart. If someone is under the influence, speeding may be an indicator--just as driving too slowly may be.

5. And the reasons for that could be many...


Not really. Speed traps have only two purposes: safety or revenue. If it's safety, you should have no problem showing how Denver has massively improved their traffic safety.

http://www.insureinfoblog.com/2009/02/d ... as-ec.html

"A new study to be published in next month's Journal of Law and Economics finds statistical evidence that local governments use traffic citations to make up for revenue shortfalls. So as the economy tanks, motorists may be more likely to see red and blue in the rearview."


So, do they improve safety? Apparently not:

A recent audit conducted by Denver, Colorado's city auditor has revealed that red light cameras and speed cameras are not improving public safety as promised. The audit found that the cameras do little else than boost the city's revenue generated from traffic tickets.

"Unfortunately, the Denver Police Department has not demonstrated that the photo radar program has a positive impact on public safety," City Auditor Dennis J. Gallagher wrote. "Because these programs were sold as public safety enhancements but are widely viewed as a cash grab, it undermines public trust to maintain photo enforcement programs that are profitable but whose safety impact has not been conclusively shown. If this situation persists, then the photo enforcement programs should be shut down."

. . . "A reduction in violations does not necessarily entail a significant reduction in speed, nor does it indicate a decrease in accident rates or pedestrian injuries," the audit report noted. "Further, a 2006 internal DPD assessment suggests that DPD believes driver's habits adjust as citizens become familiar with the locations of the photo radar vans. Therefore, a decrease in violations does not directly correlate to a sustained decrease in speeds after photo radar is deployed to a different location."

The audit was also critical of the city's red light cameras. Because the red light cameras were installed along with enlarged signal heads, countdown timers and longer yellow light durations, Gallagher says its impossible to calculated the added safety value of the cameras. He also points out that at "three of the four intersections with red light cameras, the number of right angle accidents was decreasing before the red light cameras were installed."

In fact, the cameras were catching so few red light violations that the city began to ticket motorists for stopping even a few inches beyond the stop bar. Denver is the only city in Colorado that tickets drivers for coming to a complete stop at red lights.

The city has little defense for the audit other than it would be "impossible to conduct a study that would satisfy the auditor's concerns." It's estimated that the city of Denver will generate more than $7 million in revenue from its mobile radar program alone in 2011.


So . . . I've got proof and you've got your spurious notions.

So what. The speed trap could still be in an unfair location. The cop could be lieing about the radar result. And you and/or the cop could be hit whilst stopped by the side of a busy highway.


Again, you don't know what you're talking about. You can fight all of these things. I've done it and I've seen it done. Remember: I beat a radar ticket way back when.

As for safety of t-stops, again, it's a matter of training. Then again, since you're making everything else up, I'm not surprised you're making assertions about something you know nothing--other than a survey. That survey cannot tell you the level of training the officers had, etc.


fate
Actually, you don't know that. it's not a "camera." There is a person there. What we don't know is if that van has the capability of running license plates. If so, the propensity to lie about rental cars would be enormous.

You realy haven't looked into this have you? There are three kinds of speed cameras in use, and none are "selective" as you imagine.

http://www.autoevolution.com/news/how-s ... 18060.html


That's so funny! You posted a link that proves nothing about your contention. From your link:

The mobile cameras are the ones to be found on police vehicles. Also referred to as radars, they come in a variety of shapes and sizes, being vehicle-mounted, hand-held, tripod mounted and concealed (meaning hidden where you least expect).

This type of camera comes with its built-in detection equipment, allowing the carrier to accurately record the speed of incoming motorists regardless of the carrier being stationary or not. They can also detect speed regardless of the carrier moving with or against the flow of traffic.

The camera is based on laser technology (Light Amplification by Stimulated Emission of Radiation), emitting a light beam towards the incoming vehicle. It takes the beam 0.3 to 0.7 seconds to acquire and register a target at an operational range of 800 meters.

What happens after the target is locked is called the Doppler effect and can be explained like described below.

The radar sends out the aforementioned beam at specific frequencies and at an angle across the roadway. When a car enters its field, the radar is reflected and the beam changes frequency because of the relative motion between the radar and the vehicle. The degree in which the frequency increases or decreases depends on the speed at which the passing vehicle is traveling.

Mobile cameras are also capable of detecting the direction in which the monitored vehicle is traveling in. Frequency is the main tool here as well: if it increases, the vehicle is incoming, while if it decreases, the vehicle is moving away from the carrier.

And now, a little on how the radar determines the size of the ticket you will get: how does it determine speed ? As we said above, the degree in which the frequency increases or decreases is used to determine speed. Because the beams are directed at an angle (usually 20 degrees) compared to the road, the shift in frequency will indicate a speed lower than the target's actual speed. The radar calculates the slant angle and then, using trigonometry, it determines the speed in the direction of travel.


NOTHING in your article negates what I'm talking about. Someone is with the radar unit that cited me. It's in a van and moves around the city. So . . . your point is what? That you're a fool? You've illustrated that on a thousand occasions.

So, why couldn't they run registration?

It would be great if that cop were doing something that a camera couldn't replace him for... But as to the question of results? If a camera at a fixed location doesn't have any speeders, it might be assessed to make sure its working.


Again, it was not a camera at a fixed location that issued a citation to me.

In any event, I think I've demonstrated Denver did it for the revenue. You're just . . . being a donkey. The Denver city auditor disagrees with you.

So, I've given proof that eliminates your entire argument. I don't expect that will stop you because you're as stubborn as your namesake. Image
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Post 22 Jul 2013, 1:36 pm

hahahaa, Did RickyP jactually just say this?
But you don't have a right to drive a car. You are licensed to do so, and that probably limits your appeal to the protections of the consitution.

aqgain ...when the situation suits his position.
In the same sex marriage thread he wants nothing to do with this reasoning.
Marriage is not a right, you need a license to do so...
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Post 22 Jul 2013, 2:24 pm

Marriage is not a right, you need a license to do so...


Equal protections under the law and equal access under the law are rights..
And its these constitutional protections that out lawed DOMA. And which are being used to increase states acceptance of same sex marriage.
.
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Post 22 Jul 2013, 7:32 pm

But it was you who said something requiring a license can't be a right.
But wait, NOW you say equal access is a right, since all have equal access to a drivers license osn't that a right based on your own words? I'm confused, when you pick and choose how to apply situations and laws and such and bend them to fit your position differently each time, well, it just gets confusing...
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Post 23 Jul 2013, 5:58 am

tom
I'm confused


You usually are...
Gays and Lesbians can apply for a drivers license... They are treated equally under the law when it comes to driving licenses.
They can't, in many states, apply for a marriage license. Moreover, the ones who could and did have marriages, were not treated equally under federal law.
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Post 23 Jul 2013, 6:05 am

So Fate, you're Obama derangement sysndrome has spread to where you can't discuss anything now with anybody now?
I'll turn the other cheek, although i don't qualify as a Christian according to you ....
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Post 23 Jul 2013, 6:25 am

rickyp wrote:So Fate, you're Obama derangement sysndrome has spread to where you can't discuss anything now with anybody now?
I'll turn the other cheek, although i don't qualify as a Christian according to you ....

I showed you are wrong. Denver's auditor said it was about money, not safety.

Obviously, you didn't read that.
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Post 23 Jul 2013, 6:51 am

rickyp wrote:So Fate, you're Obama derangement sysndrome has spread to where you can't discuss anything now with anybody now?
I'll turn the other cheek, although i don't qualify as a Christian according to you ....


From my previous post:

Doctor Fate wrote:
So, do they improve safety? Apparently not:


A recent audit conducted by Denver, Colorado's city auditor has revealed that red light cameras and speed cameras are not improving public safety as promised. The audit found that the cameras do little else than boost the city's revenue generated from traffic tickets.

"Unfortunately, the Denver Police Department has not demonstrated that the photo radar program has a positive impact on public safety," City Auditor Dennis J. Gallagher wrote. "Because these programs were sold as public safety enhancements but are widely viewed as a cash grab, it undermines public trust to maintain photo enforcement programs that are profitable but whose safety impact has not been conclusively shown. If this situation persists, then the photo enforcement programs should be shut down."

. . . "A reduction in violations does not necessarily entail a significant reduction in speed, nor does it indicate a decrease in accident rates or pedestrian injuries," the audit report noted. "Further, a 2006 internal DPD assessment suggests that DPD believes driver's habits adjust as citizens become familiar with the locations of the photo radar vans. Therefore, a decrease in violations does not directly correlate to a sustained decrease in speeds after photo radar is deployed to a different location."

The audit was also critical of the city's red light cameras. Because the red light cameras were installed along with enlarged signal heads, countdown timers and longer yellow light durations, Gallagher says its impossible to calculated the added safety value of the cameras. He also points out that at "three of the four intersections with red light cameras, the number of right angle accidents was decreasing before the red light cameras were installed."

In fact, the cameras were catching so few red light violations that the city began to ticket motorists for stopping even a few inches beyond the stop bar. Denver is the only city in Colorado that tickets drivers for coming to a complete stop at red lights.

The city has little defense for the audit other than it would be "impossible to conduct a study that would satisfy the auditor's concerns." It's estimated that the city of Denver will generate more than $7 million in revenue from its mobile radar program alone in 2011.


You turn the other cheek when you've been wronged, not when you've been shown to be wrong.

A nice thing to do would be to just admit that.