No WhiteWash!

Red light camera makers fear high court Confrontation Clause ruling will create legal challenges.

Red light camera and speed camera manufacturers fear that last month’s US Supreme Court ruling in the case Melendez-Diaz v. Massachusetts could create legal turmoil for the industry. The National Campaign to Stop Red Light Running issued a statement yesterday warning that the ruling has armed motorists with a greater ability to challenge the basis of automated traffic citations. Speed cameras, for example, depend heavily on legal faith in a certificate that claims to confirm the total reliability of a machine’s speed reading. In the Melendez-Diaz case, the high court ruled that merely producing such a certificate in court is insufficient. Defendants have the right to cross-examine any individual who claims to have certified evidence.

Read more via US Supreme Court Upsets Speed Camera Industry.

If you have been following the red-light cameras hearsay scene….you should check out the following links below.

California Court of Appeal Publishes Red Light Camera Hearsay Decision
California Court of Appeal declines traffic camera company request to depublish Santa Ana appellate decision.

California: Another Judge Discards Red Light Camera Evidence
Red light camera companies found to generate hearsay evidence in San Diego, California court trial.

A red light camera in Kingsport, Tennessee wrongly accused Ray Tolley, 89, of running a red light. According to WJHL-TV, Tolley received a ticket in the mail accusing him of blowing through an intersection on red in a white Ford Mustang. Tolley owns a blue 1990 Ford pickup truck, and the octogenarian rarely drives. His son, David, who was forced to fight the ticket on his father’s behalf, discovered the license plate on the pickup was off by one digit. The Kingsport police, who claim to diligently review every ticket, did not notice that the ticket claimed the Mustang in the photograph was a "pickup" truck.

via California, Tennessee: Bogus Red Light Camera Tickets.

It appears that the Kingsport, TN Police did review the evidence and found that a white Ford Mustang and a black 1990 Ford pickup is close enough. 

89-year old Ray Tolley states that he visited Kingsport about 35 years ago and his pickup has not been started since last fall.

It appears that the Kingsport Police is rubber-stamping the data submitted by camera vender Redflex as the gospel.  The photo on the right is from the Kingsport Police Department web page.

If you have been following the red-light cameras scene….you should check out the following link below.

California Court of Appeal declines traffic camera company request to depublish Santa Ana appellate decision.

California’s second highest court on Wednesday upheld the publication status of a key decision that called into question the legitimacy of red light camera evidence. The state Court of Appeal rejected the request of the cities of Santa Ana and Menlo Park to depublish a May appellate ruling of the Orange County Superior Court (view the California v. Khaled decision) that found the red light camera photographs presented as evidence in court were inadmissible hearsay.

Read more via California Court of Appeal Publishes Red Light Camera Hearsay Decision.

Tennessee Appeals Court rules police must show failing to signal caused a hazard to initiate a traffic stop.
The Tennessee Court of Criminal Appeals on Wednesday ruled that a driver cannot be pulled over for failure to signal when that conduct did not affect any other driver. The decision came down in the case of Antoinette Feaster, 37, who was stopped and arrested on August 15, 2007 around 11am. Rutherford County Sheriff’s Department Officer Travis Robinson had set up a speed trap on the median of Interstate 24 when he saw Feaster’s Chevrolet Tahoe traveling about 8 MPH below the speed limit and making a lane change without signaling. Feaster’s attorney quizzed Robinson on the stand at trial about his recollection of the incident.

Read more via Tennessee Court Rules Overturns Turn Signal Traffic Stop.

PHOENIX — Dozens of photo-enforcement cameras on freeways throughout the state are coming down this week.

A total of 76 cameras will cease operation on Thursday.

The photo-enforcement program, which was meant to catch speeders on Arizona’s freeways, has been controversial from the beginning. The cameras first went up nearly two years ago.

Read more via Freeway speed cameras to be turned off this week | Phoenix News | Arizona News | azfamily.com | Yahoo News.

Nate Morabito, a reporter with WJHL has complied the yellow light times for the cities in Sullivan and Washington Counties that have red light revenue cameras.  Go to the following link to read the entire article.  Caution:  Not every yellow light timed the same | TriCities.

Drivers, be aware that you stand a better chance of getting a red light ticket and rear-ended in Kingsport because of their shorter yellow light times.

Go to the link below to access the database to get the yellow light times for Johnson City, Jonesborough, and Kingsport.

Information provided by the City of Kingsport, the City of Johnson City and the Town of Jonesborough.

Read more via Caution:  Not every yellow light timed the same | TriCities.

Ohio Appeals Court allows constitutional challenge to speed camera program in Cleveland to proceed.

Ohio’s second highest court on Thursday ruled that a constitutional challenge to photo enforcement should proceed. Attorney Jeffrey Posner had appealed a speed camera ticket he received from a private contractor operating in Cleveland on the grounds that the way the private firm handled the evidence undermined his right to due process. A three-judge panel of the Court of Appeals for the Eight Appellate District found merit in his concerns and reversed the Cuyahoga County Common Pleas Court decision that previously had found no problem with the system of automated ticketing.

Read more via Ohio Appeals Court Green Lights Traffic Camera Suit.

US House Transportation subcommittee discusses possible legislation to increase yellow time at red light camera locations.

At a congressional hearing Wednesday, members expressed increasingly skeptical views toward the safety claims made by the usual cast of advocates for photo enforcement. The US House Transportation Subcommittee on Highways and Transit invited five representatives of the familiar groups that advocate expanded use of red light cameras and speed cameras. In presentations before the committee and written testimony, however, members seemed to be more swayed by what the two camera opponents that appeared had to say

Read more via Congress Turns Sour On Red Light Cameras.

South Carolina governor signs law banning speed cameras and red light cameras. Legislature passes measure unanimously.

South Carolina Governor Mark Sanford (R) last week signed a law banning the use of red light cameras and speed cameras in the state. The measure swept unanimously through the House, 106 to 0, on June 3 and in the Senate 38 to 0 on June 2. So far, fifteen states have taken legislative or judicial action to prohibit the use of automated ticketing machines. In addition, the voters in ten cities have thrown out photo enforcement by referendum (view complete list). South Carolina’s law takes effect immediately.

Read more via South Carolina Bans Photo Enforcement.

Analysis examining Chicago, Illinois red light cameras finds no clear safety benefit.

A new study of the country’s largest red light camera program found no significant benefit to the use of photo enforcement.

Read more via Illinois: Study Finds No Benefit To Chicago Red Light Cameras.