Federal Appeals Court Embraces Speed Cameras

The Newspaper
by The Newspaper

A divided three-judge panel of the US Court of Appeals for the Sixth Circuit yesterday upheld the imposition of automated tickets on individuals who may or may not have committed any crime. The judges ruled on a case that began when Kelly Mendenhall received a ticket in the mail for allegedly speeding in Akron, Ohio in December 2005. Although the ticket against her was dismissed, her husband, Warner, fought the legitimacy of the Akron ordinance all the way to the state supreme court which, unlike the high courts in Minnesota and Missouri, approved of speed camera use ( view decision).

The Sixth Circuit panel briefly decided that the automated enforcement fine was civil in nature and therefore that full due process protections did not apply. The judges decided to keep the decision unpublished because it agreed with the lower court opinion on the subject and was not interested in rehashing the same argument.

“We find that the district court properly applied the law and ably articulated the reasons supporting the conclusion that this enforcement scheme is civil in nature,” Judge Ralph B. Guy, Jr wrote. “We… reject plaintiff’s assertion that it violates due process to impose civil penalties for speeding violations irrespective of whether the owner was, in fact, driving the vehicle when the violation was recorded.”

Judge Eric L. Clay disagreed, writing that he would have invalidated the speed camera ordinance in Akron because it does not present the opportunity for a fair hearing to the innocent.

“Akron’s civil speed enforcement scheme violates due process by failing to provide vehicle owners with an opportunity to avoid liability by proving that they did not commit the infraction,” Clay wrote. “While the owner may request an administrative hearing at which she can present witnesses, documents, or other evidence relating to the issue of liability, the ordinance does not indicate that proof that the owner was not in fact driving the vehicle at the time of the violation can provide a basis for avoiding liability at the administrative hearing.”

Clay pointed out that the city could easily have included a provision to allow an owner to offer evidence that would show someone else had been driving. The city, however, only cares that someone pays the ticket, not whether the recipient is guilty or not.

“Akron does not provide an owner with a mechanism to avoid an erroneous deprivation of her property interest by proving that she was not driving at the time the violation occurred,” Clay wrote. “Rather, Akron holds a driver liable regardless of whether she was the person who committed the act in question.”

A copy of the decision is available in an 80k PDF file at the source link below.

Mendenhall v. Akron (US Court of Appeals for the Sixth Circuit, 3/29/2010

[Courtesy: Thenewspaper.com]

The Newspaper
The Newspaper

More by The Newspaper

Comments
Join the conversation
 3 comments
  • Rcdickey Rcdickey on Mar 31, 2010

    So somebody borrows your car. This person robs a bank and they have a photo of your car at the scene. I guess that makes you an accomplice because your car was used to commit a crime? Are some judges just devoid of common sense?

    • Steven02 Steven02 on Mar 31, 2010

      I agree, that if you can't prove that you weren't driving, it is a problem, but the application from a civil traffic violation having the same rules as a criminal felony is ridiculous.

  • MarcKyle64 MarcKyle64 on Mar 31, 2010

    Sieg Heil! Seig Heil!

  • Lorenzo I just noticed the 1954 Ford Customline V8 has the same exterior dimensions, but better legroom, shoulder room, hip room, a V8 engine, and a trunk lid. It sold, with Fordomatic, for $21,500, inflation adjusted.
  • Lorenzo They won't be sold just in Beverly Hills - there's a Nieman-Marcus in nearly every big city. When they're finally junked, the transfer case will be first to be salvaged, since it'll be unused.
  • Ltcmgm78 Just what we need to do: add more EVs that require a charging station! We own a Volt. We charge at home. We bought the Volt off-lease. We're retired and can do all our daily errands without burning any gasoline. For us this works, but we no longer have a work commute.
  • Michael S6 Given the choice between the Hornet R/T and the Alfa, I'd pick an Uber.
  • Michael S6 Nissan seems to be doing well at the low end of the market with their small cars and cuv. Competitiveness evaporates as you move up to larger size cars and suvs.
Next