A ticket by camera is a civil
offense, not a criminal misdemeanor.
Yes, correct.
Does this mean a ticket does not add points to your license?
No
points. At least that's the way it works now. This may change
later. Also, not sure what effect it will have on insurance rates.
Not sure.
If so, it's more about a revenue stream to the city, and less
about enforcement of traffic laws.
Yes,
exactly. This came up in Cincinnati only at budget time. High-ranking police officials have said
this is not a safety issue. It is all about revenue.
How does the system deal with a person driving another's vehicle?
Owner is
ticketed and liable.
The May 5th presss release from WeDemandAVote.com states:
• You will not be able to face your accuser – your only accuser
will be a camera
A little contorted. Issue is that you cannot subpoena
witnesses in your defense. Also, it appears the state has to
present no evidence and cannot be subjected to cross examination
(such as on calibration of equipment). You are presumed guilty
unless your defenses rise to the level of defeating the
ticket.
• You lose your right to a speedy trial .
Not
clear.
• You lose due process .
See above. Presumed guilty, no right to confront
accusers w/ subpoenas.
• You have to pay a ticket before an appeal .
In
Cincinnati ordinance and regulations, bizarre but true.
• You lose your presumption of innocence until proven
guilty .
See above.
These points are rights in a criminal accusation, not civil. They
should not apply to a civil case. Would not a rational person
prefer a civil instead over a criminal charge? How do I respond? It is not just a civil process, but a summary civil process
in front of a City magistrate. It is a sham of a pretense of due
process. In reality, it is a cash register ringing up cash for the
City.
Things to Think about. If a store camera captures a shop-lifter, or
a parking lot camera captures a car thief, or the sidewalk camera
captures n blind assult from the rear, and it ultimately results in
a conviction, no one disputes that is valid, admissible,
incriminating, and in fact wonderful evidence to have. There is no
real person accuser. Why is this different when that same method of
evidence is used for traffic violations?
In every other circumstance, someone must present the video
evidence. The private companies have created this structure where
that silly idea of due process is just discarded because it is
expensive to administer. This is about generating cash for
cities.