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Picture of not stopping completely at a red light.

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  • 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 1 of 4 , Mar 1, 2007
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      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 2 of 4 , Mar 1, 2007
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        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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