#law

Reports from residents suggest Ridgeland, South Carolina is ready to concede defeat regarding the freeway speed camera system operated in defiance of state law. The large recreational vehicle used to mail tickets to travelers passing through the town’s seven-mile stretch of Interstate 95 is no longer as visible as it once was. Under attack in both the state legislature and the courts, Mayor Gary W. Hodges has yet to officially announce the end of his controversial ticketing program.

A US district court judge ruled Tuesday that James B. Ferrari had a point when he sued Suffolk County, New York over its seizure of his 2003 Ferrari 360 Spider. Ferrari was arrested on suspicion of driving under the influence of alcohol (DUI) in the city of Bellport on May 26, 2009. That gave county officials an excuse to grab a car that sold for $190,000 when new.

“Ferrari is not the most sympathetic plaintiff, to put it mildly,” Judge Joanna Seybert wrote, overruling the county’s motion to dismiss the case. “But the Due Process clause protects everyone — even repeated drunk drivers. Here, Ferrari has adequately pled that Suffolk County violated his due process rights.”

Red light cameras may disappear from the nation’s second-largest city. The police commission in Los Angeles, California voted 5 to 0 yesterday to deny renewal of the city’s photo enforcement contract with American Traffic Solutions (ATS). The decision is a stunning reversal for a program that has been in place for over a decade. Between 2004 and 2010, a private vendor has issued over 183,000 tickets worth more than $80 million. The problem is that the state’s share of that revenue is so great that the city claims it is losing money from the cameras, even though tickets are $476 each.

Napa, California has suspended all court action on red light camera tickets until June 13 at the earliest. The city is scrambling after a May 26 ruling by the Superior Court’s appellate division in Napa County that found the city violated state law by paying Redflex Traffic Systems based on the number of red light camera tickets the Australian company issued. The city is asking for a rehearing of the case, but if that is denied the suspension will last until June 28 while the city files an appeal.

Police in Louisiana slammed a 67-year-old man into the ground, arresting him over a questionable traffic violation. The state court of appeals ruled May 11 that Calvin D. Miller’s injuries were only worth $25,000 in compensation. Miller had been driving his big rig logging truck home to Florien on US Highway 171 at 5:30pm on July 13, 2007. As he passed through the Village of Hornbeck, Officers Kenneth Hatchett, Jr., and Andy Mitchell, 19, pulled him over because he began speeding up “about 100 feet” before the limit changed from 45 to 55 MPH. Having driven the road for the past forty-seven years, Miller was quite familiar with the speed limit. He insisted he was not speeding.

“I can see right now you’re going to need an attitude adjustment,” Officer Hatchett said to the five foot, six inch tall elderly man.

California drivers do not need to use their turn signals if no other car is nearby according to a ruling handed down Friday by the state’s second-highest court. A three-judge panel of the court of appeal found that La Habra Police Officer Nick Wilson was in the wrong when he stopped Paul David Carmona, Jr. for making a right-hand turn in his Chevy SUV without signaling. Wilson was about 55 feet away traveling in the opposite direction at the time Carmona made his turn. The road was otherwise empty.

A November study by the University of Adelaide recommended that a commission be established to review the placement and use of speed cameras in South Australia. Last month, the state parliament rejected any suggestion that policies relating to automated ticketing could be questioned.

As part of a parliamentary internship program, a research report reviewed existing research and applied the findings to the road safety situation in South Australia. The results were provided to Ivan Venning, a Liberal Party member of House of Assembly, who attempted on May 19 to win approval for a select committee to examine the use and effectiveness of photo enforcement. During debate, Venning pointed out several other states were currently conducting reviews of their own.

AOL’s Translogic [via PopSci] takes a look at the LAPD’s brand-spankety new Chevy Caprice PPV, the born-again Pontiac G8 that you can’t buy at a dealership. But rather than looking at the Caprice’s cop car-creaming performance (as did the Michigan State Police), this report focuses on the LAPD’s high-tech toys… which could just make the Caprice’s V8, rear-drive abilities less necessary than ever. Still, between the Holden-powered, rear-drive performance, the footprint-spying night vision camera and the automatic license plate recognition system, the Caprice PPV will probably make you think twice about speeding the next time you’re visiting the City of Angels.

Police officers in New Mexico can take guns away from drivers who pose no threat. The state supreme court ruled on May 20 that “officer safety” is more important than any constitutional rights a gun-owning motorist might have. The ruling was handed down in deciding the fate of Gregory Ketelson who was a passenger in a vehicle pulled over on November 13, 2008.

During the stop, Hobbs Police Officer Miroslava Bleau saw a 9mm handgun on the back seat floorboard. Ketelson and the driver of the car were ordered out and away from the car while Officer Shane Blevins grabbed the gun. The officers later learned that Ketelson, as a convicted felon, could not legally possess a firearm. The court, however, only considered whether the officers acted properly in taking the gun before they had any reason to suspect Ketelson, who was entirely cooperative during the encounter, of committing a crime.

It took a bit of research to fully parse the California New Car Dealer Association’s complaint against Chrysler and its partially company-owned store in Los Angeles, and our finding is that the CNCDA is actually gunning for Chrysler with gusto. But, argued some of the B&B, surely Chrysler doesn’t want to be kicked out of California? Surely Chrysler’s California dealers don’t want to see their manufacturer banned from selling vehicles in the state? Well, it turns out we were missing a little context that seems to indicate why Chrysler’s California dealers are willing to go to war over a single dealership: Chrysler is overhauling its California retail presence with the help of Wall Street hedge funds. Having used the bailout to wipe out 789 dealerships across the country, Chrysler appears to be working around franchise law to exert more control over its retail network in the Golden State. No wonder then that California’s dealers are standing together to attack Motor Village, the most egregious example of Chrysler’s new retail model. And there’s no knowing where the conflict could end…

A lawsuit will be filed tomorrow in Longview, Washington seeking to force city officials to abide by the statutory filing requirement for an initiative that would give residents a say in whether or not red light cameras and speed cameras can be used in the community. On May 23, initiative co-sponsors Josh Sutinen and Mike Wallin handed 3628 signatures on a petition for a ballot measure to the city clerk — exceeding the legally required amount. The city council chose to make up its own procedure.

A government labor relations board in Australia yesterday upheld the firing of an employee busted for driving a speed camera van at more than double the speed limit. Stuart Rollo appealed to Fair Work Australia after he was terminated by Serco Traffic Camera Services in Victoria on December 10 for driving 102km/h (63 MPH) 50km/h (31 MPH) zone. On Thursday Commissioner G.R. Smith determined the firing was warranted by the circumstances.

Should you be afraid of towing in a new Ford Explorer? Though the newly-unibody Explorer is rated for up to 5,000 pounds, Jack Baruth noted in his review that

My experience pulling my race car on an open trailer with my Flex indicates that the D4 chassis is more than up to the job, but that the transmission just feels delicate. Serious towing with a sideways gearbox frightens me, and it should frighten you, too.

And though you might well share Jack’s nervousness about towing in a new Explorer, the law of the land says it’s safe pulling up to 5,000 pounds. Even so, Consumer Reports found out the hard way that not everyone believes in the Explorer as a safe, effective towing machine. Namely the equipment rental company U-Haul appears to have some kind of problem with the Explorer, as CR’s Eric Evarts explains

I called U-Haul to see about renting their largest, 6×12-foot open trailer to drag the mulch home. “Come on down! $29.95 for the day,” the friendly attendant said.

Eager to finish that day and save $18 by delivering the mulch myself, I trundled off to the local U-Haul lot. As the workers started to fill out the paperwork inside, their faces went ashen the second I said, “Explorer.”

“Sorry, we won’t let any equipment out behind an Explorer,” they said, and began putting away their pencils.

Huh?

The US Department of Justice is deploying all of its legal muscle to avoid paying the price after an FBI agent destroyed an exotic car during a joy ride. After nearly two years of trying to recover the money owed by the government, Motors Insurance Company filed a lawsuit against the government seeking the full $750,000 value of the wrecked 1995 Ferrari F50.