#law

The UK government on Sunday officially terminated the policy of concealing safety and revenue information for individual speed camera locations. The Labour government had held this information secret, but Road Safety Minister Mike Penning, a member of the Conservative Party, insisted on making it readily available to the public online.

“We want to improve accountability and make sure that the public are able to make informed judgments about the decisions made on their behalf,” Penning said in a statement. “So if taxpayers’ money is being spent on speed cameras then it is right that information about their effectiveness is available to the public.”

The Louisiana Supreme Court on Friday gave a green light to police officers looking to search automobiles without a warrant. The court ruled on an interim appeal in the ongoing trial of Derrick R. Kirton, 30, and Crystal N. Strate, 27, who were charged on February 23 with distribution and possession of heroin, respectively. A judge in the Orleans Parish Criminal District Court had ruled that the police search of Kirton’s vehicle was unlawful because it was not based on probable cause. The prosecution appealed.

In a decision that has wide-ranging implications for photo enforcement, speeding tickets and driving under the influence of alcohol (DUI) charges, the US Supreme Court yesterday reconfirmed the Sixth Amendment right to confront one’s accuser applies to analysts who claim to have certified evidence from a machine. The 5-4 decision concluded that “stand-in” expert witnesses are not a substitute for the individuals who actually conducted the tests. The decision broadens the applicability of the landmark Melendez-Diaz ruling from 2009, which has already led to appellate division cases in four California counties to throw out red light camera evidence.

Although red light camera supporters insist the programs enjoy broad support among the public, traffic camera companies are taking extraordinary measures to block ballot measures that would gauge public sentiment on the issue. Anti-photo enforcement initiatives are meeting corporate opposition in five cities in Washington state while American Traffic Solutions (ATS) is moving to reinstate red light camera use rejected by a majority of Houston, Texas residents. Albuquerque, New Mexico appears to be the only city with an unopposed referendum vote in play.

Louisiana lawmakers came close to enacting legislation that would have confiscated vehicles driven by people accused of littering. The bill failed in the House 49 to 46 on Monday after having cleared the state Senate last week by a 34 to 1 vote. Had two state representatives switched their votes, the measure would have been sent to the governor.

Not satisfied with impoverishing residents and unwary visitors with $500 automated tickets for being a tenth of a second late at a light, California’s legislators are moving a new bill allowing cities to reduce many posted speed limits by 5 mph. The lower limits will, in turn, allow them to shorten yellow lights, which will produce more red light camera tickets (four of the sponsoring cities have red light cameras).

The US Supreme Court on Friday ruled that evidence from an objectively unconstitutional automobile search can still be admissible in court as long as the search took place prior to court decisions that recognized stronger protections in the Fourth Amendment. Specifically, the April 2009 decision in the case Arizona v. Gant overturned prior precedent and required police to get a warrant to search a car when an arrested suspect posed no realistic threat to officer safety ( view ruling). Willie Davis was arrested over two years earlier in Greenville, Alabama when that rule did not apply.

American Traffic Solutions (ATS) on Friday advanced toward its goal of reactivating the red light cameras to Houston, Texas. A majority of voters demanded in a November ballot vote that the cameras be taken down, but US District Court for the Southern District of Texas Judge Lynn N. Hughes believes the people had no right to vote.

The ruling was a major victory for the legal strategy of ATS General Counsel George Hittner, who worked with the Houston city attorney to create a lawsuit in which city officials, who want the cameras back, sued ATS, which also wants the cameras back. The case was not filed in state court, which would be the proper venue. Instead, Hittner had the case filed in the federal courthouse where his father happens to serve.

Some Florida are beginning to regret jumping on the red light camera bandwagon without bothering to wait for state legislative approval. On Wednesday, the Pembroke Pines city commission voted to approve a settlement with attorney Jason D. Weisser who filed a lawsuit against a number of towns that began automated ticketing before state law was changed last July to allow automated ticketing.

Residents of Monroe, Washington are one step closer to having the opportunity to vote in November on whether or not they wish to continue using red light cameras and speed cameras. Monroe city officials this week handed over stacks of petitions to the Snohomish County auditor who will determine whether 999 valid signatures have been gathered out of the 2120 names turned in by Seeds of Liberty‘s Ty Balascio.

Blowing into a breathalyzer weakly is grounds to convict someone of the crime of refusal, according to a May 26 decision by the New Jersey Supreme Court. Refusal carries penalties nearly as severe as a conviction for driving under the influence of alcohol (DUI). On November 29, 2007 at 2:36am, Sergeant Joe Morgan of the Woolwich Township police department pulled over Aaron P. Schmidt after noticing that he was driving 10 MPH under the speed limit. Morgan administered the usual field sobriety tests and decided to bring Schmidt to headquarters for a breath test.

A campaign to reform or eliminate the use of red light cameras and speed cameras is heading up in Winnipeg, Canada. Earlier this month the group WiseUpWinnipeg kicked off the effort with a two-page, full-color advertisement in the Winnipeg Sun newspaper.

“Attention Winnipeg drivers, you are being deliberately deceived,” the ad warned. “The city of Winnipeg is engaged in a deliberate and dangerous campaign to induce photo enforcement violations and siphon your hard earned (cash).”

The amount of yellow warning time at California intersections would drop along with speed limits under a bill being considered by the state legislature. The Senate Transportation Committee will hold a hearing Tuesday on Assembly Bill 529, a proposal that re-writes the state’s speed trap law so that cities would be able to round down all speed limits after conducting a traffic study. The measure passed the full Assembly by a 77 to 0 vote on May 19.

I missed the latest twist in Chrysler’s California dealer drama when I was traveling in Iowa last week, but because it’s such a significant story (and because Ford recently proved how expensive dealer drama can be), we’ll commit the cardinal rule of blogging and take a look at some week-old “news.” California’s DMV won’t report the findings of its investigation into Chrysler’s allegedly non-compliant “company store” until September 29, but the Detroit News has reported that “about 75 percent” of these dealer complaint cases end in settlement and that

Chrysler Group LLC may be on the verge of selling its company-owned flagship dealership in Los Angeles to a private retailer, which could appease angry franchise dealers in California.

So much for ChryCo leaving the state in an angry huff. In fact, angry is about the last thing CEO Sergio Marchionne sounds about the whole thing…

An Ohio judged has ruled [full ruling in PDF here] against Ford in a 2002 case alleging the automaker overcharged dealers by selling commercial trucks at unpublished prices between 1987 and 1998. According to the summary judgement, Ford’s “CPA” program violated its contract with dealers by publishing “unrealistically high” wholesale prices and using “secretive, unpublished discounts” on an uneven basis, thereby overcharging some 3,000 dealers by an average of $1,650 for each of the 474,289 medium- and heavy-duty trucks sold in the applicable time period (about $1.2b of the ruling is for unpaid interest). The story is intriguing in its illustration of the differences between consumer and dealer incentives: while consumer-end incentives can be applied on a market-by-market basis, dealer invoice prices must be evenly applied across all markets according to Ford’s contract with its dealers. The story is also of major significance considering Ford’s still-shaky financial position, with automotive gross cash exceeding total debt by a mere $1.4b. Ford will appeal the ruling, but because the damages awarded are material rather than punitive, an expert tells the Cleveland Plain Dealer, Ford’s appeal could be “interesting.” Which doesn’t sound like great news to us…