Texas Red Light Camera Tickets are Unconstitutional!

February 23, 2010

    

In 2010 legal experts in Texas will be battling red light camera enforcement due to the many legal problems with these citations. unfortunately people who have already paid these fines will more than likely recieve no refund. Red Light Cameras are coming under fire from various groups and attorneys in Texas. 

The first allegation is that municipalities across Texas are partnering with private companies to trample your rights. Upcoming lawsuits in Texas will contend that since ticketed drivers do not recieve the same legal privilages as drivers who recieve conventional citations (From a Law Enforcement Officer) and in many cases individuals who have been denied the right to appeal and a jury trial have been denied the right to due process.  

Since Cameras take a photograph of the vehicle and license plate and the ticket is sent to the registered owner of the vehicle, regardless of who was driving, the burden of proof has been shifted to the owner of the vehicle. Attorneys will argue that in effect a new type of crime has been created in that of owner liability for red-light violations where the owner neither required nor knowingly permitted the violation.”

Other attorneys will argue that Texas cities do not have the authority to adopt an ordinance that conflicts with the State and Federal motor vehicle codes. According to the lawsuits, the fine generated from the violation “is merely a revenue generating measure which has been and continues to be illegally imposed and collected from the plaintiff and all others similarly situated and such collection is void and should be refunded.”Courts will find that because state law established red light running as a criminal violation, any local ordinance declaring such a violation a civil matter would be “in conflict” with the law in other areas of Texas.

Lawsuits concerning the Drivers Privacy Protection Act will show that Texas drivers should recieve monetary damages for invasion of privacy without reasonable cause towards individuals prior to photographs being taken. The damage is in the breach of privacy, not associated to the outcome in court cases by  future use of the photographs. The court will rule”Damages for a violation of an individual’s privacy are a quintessential example of damages that are uncertain and possibly unmeasurable”.

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Class Warfare begins in Texas concerning Red Light Camera Violations. Discrimination of private Citizens are Enforced while City Employees Remain Immune to Law!

February 21, 2010

     AUSTIN (KXAN) – Dozens of Austin police officers have been caught on camera running red lights since the city first installed red light safety cameras in May 2008. The city has installed nine red light cameras since last year and issued more than 6,000 citations to red light runners. In that same time, more than 36 local police officers have also been caught on camera. The officers are not running on calls and do not have their flashing lights on, as is required by department policy. “It is a concern,” said Austin Police Chief Art Acevedo. “We talk about it to our folks.” But Chief Acevedo acknowledges none of his officers has been ticketed for running a red light. Ironically the officers who are allowed to break laws will be some of the same officers who loose thier jobs to corporate law enforcement takeover of Texas in a few years.  

The Leader of Class Warfare During World War 2

Check Link For FULL STORY  http://www.kxan.com/dpp/news/local/APD_officers_caught_running_red_lights


Red Light Camera Corporations continue to resist following laws and regulations of the State of Texas. They openly admitted they have power over state legislators and can overturn this ruling

February 20, 2010

According to state District Judge Craig Smith, camera vendor ACS State and Local Solutions violated a section of the Texas Occupations Code, which states that unless a person holds a license as an investigations company, it has no authority to monitor intersections. “No ruling in this case is final, and ACS will continue to defend its position,” company spokesman Kevin Lightfoot said Wednesday. “ACS looks forward to clarifying this situation in court and to continuing to provide the highest quality service to its customers “the City” who gets an extremely small percent of the revenue  and will continue to support getting 75% of the profits for the Red Light Camera Companies.”

Check link for FULL STORY  http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/120308dnmetredlight.28d4d43d.html