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Re: [tips_and_tricks] Picture of not stopping completely at a red light.

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  • advance pum
    I d put an affidavit into the mix. Do an affidavit of the fact that you stopped and let them counter it if they can. I file this kind of thing with the county
    Message 1 of 4 , Feb 28, 2007
      I'd put an affidavit into the mix. Do an affidavit of the fact that you stopped and let them counter it if they can. I file this kind of thing with the county recorders office first then it's a public record that you're filing with the court.
      Paul

       
       Looking for administrative ideas on how to respond to a suburb north
      of Dallas. They sent me a 2 page letter suggesting that I didn't
      totally stop at a red light. They base this on a camera in the
      intersection taking a picture

    • Mike Carey
      Dear John, as I said before, the ticket is a presumption of guilt and is unconstitutional. I found some U.S. Supreme Court quotes to back you up.
      Message 2 of 4 , Mar 1, 2007

        Dear John, as I said before, the ticket is a presumption of guilt and is unconstitutional.   I found some U.S. Supreme Court quotes to back you up.

         

        "...irrebuttable presumptions have long been disfavored under the Due Process Clauses of the Fifth and Fourteenth Amendments." United States Supreme Court, Vlandis v. Kline, 412 U.S. 441 (1973)

         

        "A fundamental requirement of due process is "the opportunity to be heard." Grannis v. Ordean, 234 U.S. 385, 394 . It is an opportunity which must be granted at a meaningful time and in a meaningful manner."  United States Supreme Court, Armstrong v. Manzo, 380 U.S. 545 (1965)

         

        "The right to be heard before being condemned to suffer grievous loss of any kind, even though it may not involve the stigma and hardships of a criminal conviction, is a principle basic to our society." United States Supreme Court, Joint Anti-Fascist Comm. v. McGrath, 341 U.S. 123, 168 (1951)

        ----- Original Message -----
        Sent: Wednesday, February 28, 2007 11:29 AM
        Subject: [tips_and_tricks] Picture of not stopping completely at a red light.

        Looking for administrative ideas on how to respond to a suburb north
        of Dallas. They sent me a 2 page letter suggesting that I didn't
        totally stop at a red light. They base this on a camera in the
        intersection taking a picture.

        There is definitely a picture of my car but no clear timing evidence
        if I stopped completely or not.

      • tthor.geo
        One option is to Google Red Light Camera defense . A more fun option is: Issue a Subpoena for Documents and Things or a Summons for Examination of the
        Message 3 of 4 , Mar 1, 2007
          One option is to Google 'Red Light Camera defense".

          A more fun option is:

          Issue a Subpoena for Documents and Things or a Summons for
          Examination of the Evidence [read your law books to find this and
          the supporting background...]

          {Make somebody from the agency responsible for mounting and
          maintaining the camera REMOVE it and its tapes/photographs and
          DELIVER it to you for examination by your 'expert' witness [hire
          an 'expert' witness to examine said camera; then make them put it
          back *in situ* and have the 'expert' examine it again ; you could
          tie up the intersection for hours....].

          Make the camera submit to Deposition (sworn testimony before a
          certified Reporter) [yes, you have to hire the Reporter]:

          "Mr. Mechanical Image-generating Machine, please state your name."
          {Silence}

          "Explain what you were doing at the intersection of X and Y
          Streets." {Silence}

          "Describe your actions on the date of _____ " {Silence}

          "Explain how you made this photograph." {Silence}

          "We have determined that Mr. Mechanical Image-generating Machine is
          a hostile and un-cooperative witness...."

          {Do the same thing with whoever maintains the camera:

          "Mr. Mechanical Image-generating Machine Baby-Sitter, state your
          name." {Response]

          "Is this the actual physical camera which was installed and in
          operation at the intersection of X and Y Streets on [date]?"

          "Where you in actual attendance on this camera on [date]?"

          "When did you remove the purported photographs from the purported
          camera?"

          "How do you know the camera was working properly?"

          "How do you know that the switches activating the camera were
          working properly?"

          "What is the Standard for calibrating the switches?"

          "Where is that Standard?"

          "When was the camera last checked for timing accuracy of ALL
          switches?"

          "Show me the records...."

          {Have just as much fun as you can stand.... Remember that, if
          nothing else, you will have removed that camera from that
          intersection for X hours/days. AND they will probably NEVER bother
          YOU again...}


          "John Lipinski" <wbuffalo@...> wrote:
          >
          > Looking for administrative ideas on how to respond to a suburb
          north
          > of Dallas. They sent me a 2 page letter suggesting that I didn't
          > totally stop at a red light. They base this on a camera in the
          > intersection taking a picture.
          >
          > There is definitely a picture of my car but no clear timing
          evidence
          > if I stopped completely or not.
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