Private citizens can arrest other motorists suspected of driving under the influence of alcohol (DUI), the Louisiana Court of Appeals ruled Tuesday. A three-judge panel considered the case of Tracy L. Common who was stopped in Westwego by Gretna Police Detective Brian Rico at 9pm on December 31, 2006. Rico was off-duty and outside his jurisdiction.
That night, Rico saw Common’s Chevy S-10 pickup truck swerving on the road and felt the driver was seriously impaired. He activated the lights on his unmarked car and conducted a stop without waiting for the local police to arrive. When Common hopped out of the car, Rico conducted a pat-down search which turned up 50 pills and $1100 in cash. A later search of his car by local police uncovered $2000 and some marijuana.
Though Rico was a police officer, the court assumed he was acting as an ordinary citizen, citing the 2008 appellate case Louisiana v. Lavergne which upheld a DUI traffic stop performed by a volunteer firefighter from Texas.
Investors in Redflex Traffic Systems were resigned toward the photo enforcement vendor’s declining US performance at Wednesday’s annual shareholder meeting in Melbourne, Australia. The company has lost significant US market share and profit as more cities reject automated ticketing machines. Nonetheless, large executive compensation packages were approved without the dissent found in past meetings.
Shareholders signed off on a $324,926 salary for chief executive Graham Davie, plus $194,956 in stock for a total of $519,882 — a raise of 3.6 percent. Board member Karen Finley’s salary increased 3 percent to $318,270 plus $196,060 in stock for a total of $514,330. Finley is in charge of US operations which saw a drop in profit from the first and second half of the year of 7.4 percent.
Redflex has also lost its position as the dominant player in the automated ticketing market to American Traffic Solutions which has used funds invested by Goldman Sachs to buy out smaller competitors and take on their municipal contracts. ATS now boasts the greatest number of cameras deployed.
In a decision with wide-ranging implications for people who might check their email on an iPhone while stopped at a traffic light, the California Court of Appeal ruled Monday that it was a crime to use a phone at any time behind the wheel of a stationary or moving vehicle.
Three days after Christmas in 2009, a motorcycle cop in Richmond pulled up to a red light and noticed Carl Nelson, driver of the stopped car next to him, appeared to be making a cell phone call. Nelson put down the phone as soon as he saw the officer. Nelson said he was just checking his email while waiting for the light to turn green. The Golden State banned the use of handheld cell phones while driving in July 2008.
“A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving,” the law states.
Although the city council in Redmond, Washington has decided to cancel its red light camera contract, the city continues to block the effort to let voters have a say in the decision. In court papers filed Monday, local activists cited election results in the cities of Bellingham, Longview and Monroe to convince King County Judge Laura C. Inveen to reconsider her October 11 ruling that it would be a “useless act” to put an advisory measure on the ballot.
“Under the local initiative process, the city clerk had a clear duty to transmit the petition to the county auditor,” Judge Inveen ruled. “That mandamus will not lie to compel the useless act of transmitting the initiative to the county auditor where the initiative is invalid according to the Court of Appeals’ recent decision, American Traffic Solutions v. Bellingham.”
Americans may no longer be as completely obsessed with road travel as they once were, but for first-time visitors to the USA, a round-the-nation roadtrip is always the ultimate fantasy. And really, what better way is there to appreciate the great expanse and diversity of this great nation than by car? Luckily for those of us without the time, money or reliable transportation to discover America by highway, we can now get a taste of the magic in an internet-attention-span-friendly morsel: five minutes, fifteen seconds. Someone named Bryan DeFrees condensed a 12,225 mile-long road trip in a giant loop across the US into this film, making one of life’s epic adventures available from your desk or smartphone. Warning: Video may cause sudden desire to “hit the road”…
Drivers cannot be pulled over if they peel out from an intersection with a bit of tire squeal, Alaska’s second-highest court ruled Thursday. In countries like Australia, a similar chirp of the tires could lead to the impounding of the vehicle under “anti-hoon” laws that generate millions in revenue. A three-judge panel in The Last Frontier was more forgiving when considering the fate of Vernon Burnett who was pulled over after midnight on September 20, 2009.
Alaska State Trooper Lucas Altepeter saw Burnett’s truck stop, then spin its tires one-third of the way through the intersection while turning left in the city of Bethel. Burnett made no driving errors, but Trooper Altepeter decided to stop him anyway, as he had “never seen somebody accidentally lose traction and spin their tires as fast and as far as this particular vehicle did.” The trooper believed he could write a citation for the tire spinning alone. A district court judge agreed, saying the the spinning was sufficient proof of negligent driving. The appellate court sided with Burnett.
The US Supreme Court ruled 27 years ago that police could not forcibly enter someone’s home over suspected drunk driving. The Fourth District US Court of Appeals in an unpublished decision is looking to change the precedent. A three-judge appellate panel considered the case of Alan J. Cilman who had filed a false arrest lawsuit after Officer M.A. Reeves busted down his door, without a warrant, on October 3, 2004.
Automated ticketing vendor American Traffic Solutions (ATS) filed suit Tuesday against Knoxville, Tennessee for its failure to issue tickets for turning right on a red light — and that is costing the company a lot of money. A state law took effect in July banning the controversial turning tickets, but the Arizona-based firm contends the law should not apply to their legal agreement with the city, which anticipated the bulk of the money to come from this type of tickets.
Municipalities were disappointed in August when Attorney General Robert J. Cooper Jr shot down the argument that this statute somehow did not apply to existing contracts, writing that “the parties have no vested right in a particular level of revenue” (view opinion). ATS disagrees.
Washington State ballot initiative guru Tim Eyman vowed Wednesday to put even more pressure on municipalities he sees as dependent on automated ticketing revenue. Eyman is feeling good after voters on Tuesday rejected cameras by comfortable margins in three of three contests on Tuesday. Larger jurisdictions are now in his sights.
“For us, it’s full steam ahead,” Eyman told TheNewspaper. “I’m gung-ho to do a couple more cities and keep the ball rolling. I’ve never found a more effective way to lobby the legislature than to say, ‘You either do it, or we’re just going to pick you off one city at a time.’”
Voters in eight cities in three states cast ballots Tuesday to decide whether red light cameras and speed cameras should be used in their communities. Seven of the races went against the use of photo ticketing.
The night’s first results came from Ashtabula, Ohio where 60 percent of residents approved an amendment to the city charter stating that the city “shall not use any traffic law photo-monitoring device” unless a police officer personally issues the citation.
“I feel that the citizens of Ashtabula stood up,” Mark Leatherman, chairman of the Citizens of Ashtabula Camera Committee told TheNewspaper. “We had the police chief attacking and fighting citizens on this issue on Facebook. We stuck to our guns to get this passed.”
Sixty-one million dollars a year is a lot of money. That is the revenue Chicago’s red light camera program program generated in 2010. Based on reports from the Chicago Department of Transportation (CDOT), a proposed speed camera enforcement program being pushed by Mayor Rahm Emanuel (D) would make the city’s red light camera program look penny ante in comparison.
The Expired Meter obtained the results of three studies conducted by CDOT over the past few years which shed light on how lucrative the speed camera business could be for Chicago. Data from these reports seem to indicate that revenue from speed cameras could generate hundreds of millions of dollars in fines for a desperate, cash-strapped city.
Refusing to get out of a vehicle during a traffic stop does not justify a search of the automobile, the California Court of Appeal ruled Friday. The three-judge panel further developed the US Supreme Court’s finding in Arizona v. Gant that arresting a motorist does not automatically authorize a warrantless search.
An Oregon man attempted to escape conviction for driving under the influence of alcohol (DUI) by claiming he was “sleep driving” and not responsible for his actions. On Wednesday, a three-judge panel of the state Court of Appeals shut down the argument as utterly irrelevant. Even if what he said were true, driving while drunk and asleep would still be a crime.
Many Florida municipalities now regret jumping the gun and installing red light cameras before the state legislature authorized their use in 2010. The Hallandale Beach city commission will vote later today to approve a settlement of $375,566 to be repaid to vehicle owners who were mailed tickets before the program was actually legal. American Traffic Solutions (ATS), which controlled the program, will pay $43,221 — its proportional share of the amount.
Motorists searched during a traffic stop may find their iPhone data electronically grabbed by police in ways that would not be possible or acceptable with written material. Some police departments, including the Michigan State Police, are equipped with a mobile forensics device able to extract images, videos, text messages and emails from smartphones. In some cases, the device is able to bypass password protection. Several states have been reluctant to curtail law enforcement access to this information.