quote:Originally posted by LF - TP 2511:
... Anyone know how California or other states handle these ...
Larry I'm only aware of cameras being used at intersections, monitoring people running red lights. I'm not aware of cameras monitoring speed, yet. So my comments are in relation to running a red light. I am by no means a lawyer, but I'll explain what I understand about California law .... In California you must be arrested by the person witnessing the crime for any infraction or misdemeanor. A person can only be arrested by somebody who didn't witness the crime if they've committed a felony. "BUT" if a camera snaps a picture of you running a red light, nobody, no person that is, has witnessed that possible infraction/misdemeanor/felony. The camera is unmanned. And in this country you have a right to face your accuser in court.
The various counties within the state hire contractors to maintain the cameras, analyze the photos and mail the fines/notices to the owners of the vehicles. The photos are never observed by an officer of the law, the fines are not levied by the legal system, they are mailed to you by a contractor working on behalf of the county. Notice I very carefully referred to the notice you receive as a fine, that's all it is, it is the same as a parking ticket. You are not charged with an infraction or a misdemeanor, you receive a fine in the mail from a contractor. Like a parking ticket the fine will not count against your driving record.
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A word about speeding tickets. Just about every highway in California has been named a memorial highway for something, for instance one highway near my home is named the Veterans of the Korean War Memorial Highway. The highways are designated as memorial highways because the state receives Federal Funds for each highway so named, under a Federal Act that is about a decade old now. However, like all funds received from the Federal government, there are strings attached to those memorial highway funds. One small provision of that Federal Act stipulates that in order to receive the funds the posted speed limit on that highway MUST be within 10% of the actual average speed on that highway. In order to determine the average speed on the highway the state must monitor the vehicle speeds on the highway over a period of time as stipulated in the act, and then determine the average of the measured speeds based upon the data collected. The posted speed must then be changed if it is not within 10% of that average. The act also stipulates that if the state has not conducted that speed survey on any memorial highway for which it is receiving funds, the posted speed is INVALID. This is one of the methods currently used by lawyers in this state to fight speeding tickets, since there are still many highways which have not been surveyed for average speed.
-G