While red light camera firms are facing significant legal peril as vehicle owners in California and Florida are fighting citations in court through class action lawsuits, the stakes are even higher when the companies themselves battle one another in the courtroom. The US Court of Appeals for the Ninth Circuit is now reviewing a number of issues brought in the suit filed by American Traffic Solutions (ATS) against its Australian rival, Redflex Traffic Systems.

A team of experienced class action lawyers is taking on California’s red light camera industry, and photo enforcement companies are expressing unease. Last month, the law firm of Pearson Simon Warshaw and Penny, LLP filed suit in San Mateo County Superior Court arguing that tickets issued throughout the Golden State since January 1, 2004 should be refunded where the photo enforcement contracts violated a state law mandating flat-rate compensation to companies like Redflex Traffic Systems. Redflex referred to the case as a particular business risk in an August 25 filing with the Australian Securities Exchange.

The Automotive World reports that Ford has agreed to a settlement with non-union employees and retirees who incurred stock losses. The plaintiffs brought the suit against FoMoCo because they lost billions of dollars investing their 401k’s into Ford during 2000-2006; a period when Ford’s stock price plummeted. The plaintiffs argue that Ford should not have allowed them to invest huge portions of their pension plans into the company. Now Ford’s defense (which some say invokes a level of personal responsibility) is that the claimants had plenty of time and opportunity to manage their pension plans and leave if they so desired. Who’s right and who’s wrong here? I’ll leave the Bill O’Reillies and Michael Moores of this world to debate that. Or TTAC’s Best and Brightest, whoever is available sooner…

An Ontario, Canada judge in July faulted the Ontario Provincial Police (OPP) and Attorney General of Ontario for attempting to confiscate $46,078 contrary to the law. Officer Paul Barkley had pulled over a 2000 Mazda traveling on Highway 401 near Morrisburg just after midnight on October 16, 2009. Barkley had assumed the driver, Remus Petran, might have been drunk because he was driving below the speed limit. After speaking to Petran, who was sober, Barkley decided to search the vehicle.

In the Mazda’s trunk, Barkley found a gym bag containing CDN $74,980. Petran explained that he worked in construction and was paid in cash. For this, Petran was arrested for possession of property obtained by crime and his car towed away. After police found no evidence of a crime, Petran was unconditionally released with his car and without any charges filed — but police kept the cash.

The California state Senate last week gave preliminary approval to legislation giving local governments the green light to install automated ticketing machines on street sweepers to generate parking tickets. The measure, introduced by state Assemblyman Steven C. Bradford (D-Gardena), passed in the lower chamber in April by a 49 to 24 vote. It would go to Governor Arnold Schwarzenegger (R) upon a final vote by the Senate and an Assembly vote to approving the upper chamber’s amendments. On Friday, the full legislature sent a related measure cracking down on municipalities that have been using an unauthorized civil fine system to bypass state traffic laws for speeding and red light camera tickets.

So you think when a big company gives you (and your lawyer) a sizable sum to settle a lawsuit, the lawsuit is settled? To their horror, Toyota just found out that it’s not over when it’s over. Toyota could find itself wide open. Possibly to hundreds of old lawsuits that were settled and could haunt them again. Five years ago, Pennie Green’s Camry rolled over. Of course, it was Toyota’s fault, why don’t they build roll-over proof Camrys. The woman was paralyzed. The personal injury suit was settled for $1.5 million. That should be it. Then Ms. Green and her lawyer had a change of mind that could change the world of jurisprudence. At least in America …

The Institute of Transportation Engineers Journal published in May the results of an extensive Los Angeles, California Police Department evaluation of the effectiveness of license plate covers and sprays designed to defeat automated ticketing machines. The results showed that the popular countermeasures did not work well under actual field conditions using the red light cameras operated in the city by Nestor Traffic Systems (the firm has since gone bankrupt and American Traffic Solutions now runs the program).

The California state Senate on Wednesday voted 63-11 to give final approval to a measure that will cut the fine for the most common type of red light camera violation in half. Under existing law, motorists who make safe, rolling right-hand turns at monitored intersections may receive a $500 bill in the mail from a private company operating on behalf of a municipality. In the past few years, the “California stop” at some locations have begun to account for up to 98 percent of automated ticketing machine citations.

Despite collecting A$137 million in revenue from automated traffic ticketing, the Australian photo enforcement giant Redflex Traffic Systems yesterday announced its net profit before tax had fallen to a mere $442,000 for the first half of 2010. Redflex remains the number one player in the US market with US motorists providing 79 percent of the company’s ticket revenue. Redflex management, however, blamed recent losses primarily on “considerable public opposition” to photo radar and red light cameras in the US.

The mayor of Ridgeland, South Carolina is taking a stand in defiance of a state law that bans the use of speed cameras anywhere in the state ( view law). Mayor Gary W. Hodges earlier this month began issuing speeding tickets based on evidence provided by an automated traffic system set up in a recreational vehicle parked on Interstate 95 despite warnings from lawmakers.

“The program is up and running,” Hodges announced at an August 12 meeting. “There are those at various levels who think this is a bad thing — I for the life of me can’t figure out why people have a problem with this.”

Under court order, Redwood City, California was forced to admit that the red light camera installed at Whipple Avenue and Veterans Boulevard in March 2008 have done absolutely nothing to reduce traffic collisions. San Mateo County Superior Court Judge Clifford V. Cretan instructed the city council to respond to a civil grand jury report from June that blasted municipal programs throughout the county that raised $13.8 million from ticketing despite the lack of evidence of any safety benefit ( read report).

After a year of use, red light cameras have failed to deliver the promised safety benefits in Baytown, Texas. The Houston suburb activated the majority of its cameras on July 13, 2008. Since then, the number of accidents at eight camera locations has increased 40 percent, contrary to predictions from city officials. The increase in accidents has not been in minor “fender benders,” as is frequently claimed by photo ticketing advocates. Rather, the number of collisions resulting in an injury jumped 75 percent. Rear end collisions increased 39 percent. Results from comprehensive, independent studies elsewhere in the country have yielded similar results.

A San Diego, California Superior Court judge on Monday found elements of typical red light camera court evidence packages to be inadmissible hearsay. Eight consolidated cases were dismissed by Commissioner Karen A. Riley after she considered a motion to exclude evidence generated by automated ticketing vendor American Traffic Solutions (ATS). In light of the recent Melendez-Diaz v. Massachusetts ruling by the US Supreme Court ( view ruling), Riley found the accused had a right to confront ATS witnesses.

California courts are not alone in questioning the validity of red light camera and speed camera photographs as valid legal evidence. On Friday, the Queensland, Australia Court of Appeal ruled that automated ticketing cases require more than a pair of images in a folder to make a speeding case that will stick. The motorist, a non-lawyer, won her case against the government with only the help of her husband.

Redflex Traffic Systems of today reported to the Australian Securities Exchange that it had rebuffed the $275 million offer from toll road giant Macquarie Bank for outright control of the company. The Australian red light camera maker believes that it can spark a bidding war to drive up the purchase price and enrich shareholders.

American Traffic Solutions (ATS) and its subcontractors have spent $230,648 in an effort to deprive voters in Baytown and Houston, Texas of a chance to decide whether red light cameras should be used in their city. On November 2, residents will likely have the chance to adopt charter amendments banning the use of automated ticketing machines, although ATS lawyers are working overtime to attempt to have the courts overturn the citizen-led petition drive. Earlier this month a similar ATS-funded legal attack failed in Mukilteo, Washington, but the company last year had some success finding a judge in College Station willing to overrule the public.

According to a poll released last week by the Liverpool Victoria Insurance Company, UK motorists drive more erratically in the presence of speed cameras. The firm, which insures 3.8 million in England and Wales, commissioned ICM Research to survey how the driving public responds when automated ticketing machines are present. The firm concluded that, since 2001, photo enforcement may have contributed to thousands of accidents that would not have otherwise occurred.

Making a recording of a police traffic stop is not a crime in the opinion of Maryland’s attorney general. In a ruling issued last month from the state’s top law enforcement office, Chief Counsel Robert N. McDonald found the legal grounds weak for felony wiretapping charges of the type brought against a motorcyclist who posted a video of himself being arrested on YouTube. Maryland State Police had taken advantage of ambiguity in the law to prosecute Anthony Graber, 25 for the April 13 recording.

Now that at least partial civility has returned, with Congress having been officially notified that no ghosts were found in any Toyota machines, and that “the evidence points to a preponderance of cases where people who claimed unintended acceleration were pressing the wrong pedal,” it’s time to ratchet-down the tension on both sides.

In diplo-speak, that’s called “confidence-building measures,” or CBMs for short (not to be mistaken for ICBMs.) Toyota is performing CBMs. In a country that is suspect of building ICBMs.

Ridgeland, South Carolina wants to deploy a speed camera to ticket out-of-state drivers as they pass through the seven-mile stretch of interstate within the tiny town’s limits. The plan angered the state legislature to such a degree that it unanimously enacted legislation in June to prohibit photo enforcement — except during declared state emergencies ( view law). The Ridgeland town council refused to back down.

Koua Fong Lee, who had spent over two years behind bars for his role in a collision that killed three people, was freed today when a judge vacated his sentence. The reason: ineffective legal counsel, and evidence that suggested Lee’s 1996 Toyota Camry could have been driving out of control. The Ramsey County (MN) prosecutor has decided against re-trying Lee, making him a free man. Meanwhile, the fact that 1996 Toyota Camrys have not been recalled for faulty brakes or throttle units leaves a huge question mark hanging over this case.

One million Texas voters are likely to be given the option of reducing the number of red light cameras in the state. Later today, activists in Houston plan to submit over 30,000 signatures — more than is needed — on a petition to place a photo enforcement ban on the November 2 ballot. In the nearby suburb of Baytown, organizers responded to a notice that a previously submitted petition had fallen short of the requirement by twelve names by turning in an overwhelming 747 more last week.

When a police spokesman is quoted in a newspaper or on a radio program regarding photo enforcement, everything he says is carefully scripted by the private company dependent on the survival of the program for its revenue. This became clear after a Maryland activist yesterday released contract documents that outline the role of Affiliated Computer Services (ACS) in creating the sales pitch delivered to the public by Montgomery County officials. StopBigBrotherMD.org obtained copies of the contract in which ACS receives a cut of every ticket the company issues, promising in return to control all aspects of communications regarding the program.

Minneapolis, Minnesota is angry enough at being forced to refund $2.6 million in red light camera tickets that it has filed a lawsuit against the private company it hired to issue those citations. The city last month filed a lawsuit in Hennepin County Court to recover damages, but Redflex Traffic Systems of Australia yesterday asked the US District Court for the District of Minnesota to take over the case.

The city of Mukilteo, Washington filed papers Monday hoping to thwart the attempt of a traffic camera company to deny residents the chance to vote on banning automated enforcement. Snohomish County Superior Court Judge Michael T. Downes on Friday will hear arguments in the case filed by an American Traffic Solutions (ATS)-funded front group to protect the company’s ticketing contract from the fate such agreements have shared in all ten cities where the public has forced a vote to toss out the cameras. The sponsors of Mukilteo’s initiative — Nicholas Sherwood, Alex Rion and Tim Eyman — filed a more comprehensive legal brief as intervenors tearing apart the ATS-backed case.

Unlike a Texas appellate court, the Oregon Court of Appeals ruled last Wednesday that reaching one’s own driveway during a traffic stop can avoid more serious consequences. In November 2007, Officer Blood of the Cornelius Police Department attempted to stop Richard Chaves Gonzales for a traffic violation. Gonzales was just two or three blocks from home, so he did not stop until he reached his own driveway. Blood wrote Gonzales a ticket for driving on a suspended license and began searching the car without a warrant after declaring that he was going to impound the vehicle. Blood insisted that the search was valid.

Red light cameras are becoming less popular among municipal leaders in California. On Monday, the Yucaipa city council voted unanimously to cancel its photo enforcement contract with Redflex Traffic Systems of Australia. The previous week, Costa Mesa officially pulled the plug on its automated ticketing machines.

The WSJ reports that “senior officials at the U.S Department of Transportation have at least temporarily blocked the release of findings by auto-safety regulators that could favor Toyota Motor Corp. in some crashes related to unintended acceleration, according to a recently retired agency official”. Governmental departments suppressing documents? Much like Toyota suppressed their design flaws which landed them a record $16.4m fine? You have my interest…

A motorist who avoids a police car is inherently suspicious, according to a ruling handed down by the Minnesota Court of Appeals on Tuesday. A three-judge panel found that even if the officer observed no illegal conduct, a traffic stop and interrogation is justified when a driver seems not to want to be around a patrol car.

Officials in Tasmania, Australia last week reluctantly admitted that some of its speed cameras produced unreliable readings. The automated ticketing machines on Tasman Bridge were found to be issuing speeding tickets to vehicles that were not speeding, forcing a refund of 440 tickets issued between June 5 and July 5. According to The Mercury, a test of the device against a handheld speed gun showed inaccurate readings.

California’s second highest court on Wednesday upheld the publication status of a key decision that called into question the legitimacy of red light camera evidence. The state Court of Appeal rejected the request of the cities of Santa Ana and Menlo Park to depublish a May appellate ruling of the Orange County Superior Court ( view the California v. Khaled decision) that found the red light camera photographs presented as evidence in court were inadmissible hearsay.

The Tennessee Court of Criminal Appeals on Wednesday ruled that a driver cannot be pulled over for failure to signal when that conduct did not affect any other driver. The decision came down in the case of Antoinette Feaster, 37, who was stopped and arrested on August 15, 2007 around 11am. Rutherford County Sheriff’s Department Officer Travis Robinson had set up a speed trap on the median of Interstate 24 when he saw Feaster’s Chevrolet Tahoe traveling about 8 MPH below the speed limit and making a lane change without signaling. Feaster’s attorney quizzed Robinson on the stand at trial about his recollection of the incident.

American Traffic Solutions (ATS) is following the playbook from its failed attempt to defeat an anti-red light camera referendum in College Station, Texas. The company on Monday used its law firm, Stoel Rives LLC, to file a lawsuit under the name of Christine Preston, a local resident seeking to prevent Mukilteo residents from having any say in whether automated ticketing machines are deployed on their streets.

“A controversy exists between plaintiff and defendants regarding whether the subject matter of proposed Mukilteo Initiative No. 2 is within the scope of the initiative power,” the ATS law firm’s complaint stated. “Proposed Mukilteo Initiative No. 2 would improperly interfere with the exercise of a power delegated by state law to a local legislative authority.”

Shanshan Du and Yu Qin of Troy, MI have been indicted on charges including conspiracy for allegedly stealing GM hybrid technology between 2003 and 2005. According to the Detroit News,

Du, who was hired at GM in 2000 and worked in the company’s Advance Technology Vehicle Group, copied thousands of pages of GM trade secrets onto a portable computer hard drive five days after accepting a buyout offer in 2005. The indictment alleges the theft of secrets dates back to 2003.

GM estimates the value of the stolen documents at $40 million, according to the U.S. Attorney’s Office.

The indictment charges that Du and Qin set up their own company in hopes of transferring technology to the Chinese automaker Chery, but that no technology ever made it to the Wuhu-based automaker. And though this is an obvious opportunity for a laugh at the expense of “Chinese R&D,” the real story here is just how stupid Du and Qin were for targeting The General’s hybrid technology between 2003 and 2005.

Remember how Toyota was slapped with a $16.4m fine for allegedly withholding information and delaying recalls? Remember how Toyota was served again with a subpoena for information, what many read as the prelude for another $16.4m fine? (If anyone again says that $16,4m is pocket change, please send me the pocket change.) Well, there are some people in Washington who claim that it’s the U.S. government that might be withholding information.

Wisconsin’s highest court yesterday approved police use of Global Positioning System (GPS) devices to track motorists, as long as a valid search warrant is obtained. In 2003, Madison Police Detective Mary Ricksecker attached a tracking device to the 1980 Chevy Beretta as it sat on the private driveway belonging to Michael A. Sveum, then age 35. Sveum was suspected of stalking his ex-girlfriend, Jamie Johnson based on nine hang-up calls that were placed at payphones around the city. The tracking device was eventually used to connect Sveum to the time and place of other calls.

The Wisconsin Court of Appeals on Wednesday overturned the conviction of a woman arrested for driving under the influence (DUI) because she smelled of alcohol. Brittany A. Meye, 22, stopped for gas at a Kwik Trip gas station on January 22, 2009 just before 3:30am. A Pewaukee police officer claims that he caught the scent of intoxicating beverages as Meye and her passenger walked past him into the store. After a few minutes inside, the pair returned to their vehicle, and the officer arrested Meye as she got behind the wheel. The appellate court found the officer’s response inappropriate.

So when you thought things at Toyota are getting back to normal, what with NHTSA backpedaling on their ghost in the machine busting attempts, here comes a biggie: A federal grand jury in New York served Toyota with a subpoena, seeking information relating to defects in its steering relay rods. Fancy lawyers call that a subpoena duces tecum, and charge more. The Washington Post reckons this might “potentially widen an investigation that began with reports of sudden unintended acceleration.”

A pair of Cuyahoga County, Ohio cities are likely to have a public vote on banning red light cameras and speed cameras in November. A sufficient number of residents in Garfield Heights and South Euclid signed a referendum petition that organizers expect to turn in this week, as early as today. Once approved, these municipalities will join Anaheim, California; Baytown and Houston, Texas; and Mukilteo, Washington in voting on the future of cameras on November 2.

Tickets are no longer being mailed based on evidence created by freeway speed cameras in the state of Arizona. After a year-long campaign against the devices, activists from the group CameraFraud.com succeeded in convincing Governor Jan Brewer (R) to end the photo enforcement contract that her predecessor, Janet Napolitano (D) signed. As a result, the cameras were remotely shut down at 12:00am today.

The New Jersey Supreme Court unanimously decided yesterday to clarify the circumstances under which a judge can suspend a driver’s license over a traffic violation. The high court previously had offered no guidance on the subject, leaving lower courts with the discretion to take away the right to drive from motorists for any reason. This happened to Laura Moran who received a 45-day suspension for a reckless driving incident that took place August 3, 2007 at 3am in Aberdeen Township.

A sheriff’s deputy in Noble County, Indiana blew a case against a man suspected of driving under the influence of alcohol (DUI) after he drew his gun on the motorist without probable cause. The state court of appeals on Friday tossed the felony drunk driving conviction of Daniel C. Reinhart because of the actions of Deputy Carey Coney around 3am on August 6, 2008.

The Appeals Court of Massachusetts last month confirmed the principle that a police officer has no more power than any other citizen outside of his legal jurisdiction. The decision came in the context of an August 4, 2006 incident where Joseph Limone was driving his Oldsmobile on Montvale Avenue in Woburn just past Interstate 93. Limone rear-ended the car in front of him, which just happened to be driven by a uniformed police officer.

According to AZfamily.com, Arizona’s controversial freeway speed cameras will come down this week, as a result of governor Jan Brewer’s decision to not renew the state’s contract with Redflex. In addition to public opposition to the cameras, a lack of revenue flowing to the state appears to have been a factor in the decision to shut down the cameras. Apparently, the cameras generated over 7,000 tickets in their first year of operations, but because so many motorists simply ignored the tickets and the state didn’t have enough process servers, only about $30m of the estimated $90m in fines that should have been generated by those tickets was actually paid to the state. Arizona’s freeway speed cameras should be deactivated by this Friday.

The TaxPayers’ Alliance and Drivers’ Alliance last week calculated that UK speed cameras issued £87,368,227 (US $131,256,380) worth of tickets in fiscal 2009 without any demonstrable safety benefit. Since speed cameras were first installed on British roads in 1991, the roads became more dangerous than they would have been without photo enforcement, according to the report.

Did someone say that the Chinese are good at – how shall we put it – warming up to foreign ideas? Ray LaHood’s revenue-generating ideas must have impressed the hell out of the Chinese. I can just imagine the discussion: “Come on, the Americans raise the penalty from $16.4m to $200m, so why can’t we? It’s in the name of safety. Ni dong bu dong?” Now therefore, “the Chinese government is set to impose much stricter penalties on automakers if they hide problems with their vehicles to avoid recalls,” reports The Nikkei [sub].

So far, automakers got away with a financial slap on the wrist. Under current rules, introduced in 2004, covering up automotive defects can cost a pittance of $4430, max, no matter how many cars are affected. Under newly proposed rules, hiding a defect could downright wipe out an automaker in China.

Ohio’s second highest court on Thursday ruled that a constitutional challenge to photo enforcement should proceed. Attorney Jeffrey Posner had appealed a speed camera ticket he received from a private contractor operating in Cleveland on the grounds that the way the private firm handled the evidence undermined his right to due process. A three-judge panel of the Court of Appeals for the Eight Appellate District found merit in his concerns and reversed the Cuyahoga County Common Pleas Court decision that previously had found no problem with the system of automated ticketing.

At least four of the country’s top rental car firms sell information on their customers to a photo enforcement firm. American Traffic Solutions and its subsidiary, ATS Processing Services, signed contracts through which Avis, Budget, Hertz and Advantage agreed to hand over information on renters so that ATS can collect extra money on photo tickets.

For years it had been a mystery how the Texas House of Representatives, 83 percent of whose members voted to ban photo enforcement, could nonetheless endorse the use of red light cameras. An ethical storm that broke around state Representative Linda Harper-Brown (R-Irving) last month provides the answer. Harper-Brown, a Transportation Committee member, accepted unreported gratuities from a traffic camera firm in return for playing the decisive role in establishing the automated ticketing industry in the Lone Star State.

Toyota’s having some pretty rotten luck recently. First was “acceler-gate”, the mass hysteria of how Toyota cars were going out of control and murdering innocent people. Then came stories of people blaming Toyota cars for accidents, when in reality it was the driver’s fault (or in the case of Jim Sikes, a scam). You would have thought this would pour oil over troubled waters for Toyota, right? Nope. The malaise continued. Then came the public humiliation of the senate hearings. Did anybody in the media point out the conflict of interest for the senate? Well, if they did, nobody listened. So, while Toyota is fire fighting in North America and is having a bit of a rough time in Europe, at least things are OK in Australia. A market where Toyota dominated for 5 years. Well…

At a congressional hearing Wednesday, members expressed increasingly skeptical views toward the safety claims made by the usual cast of advocates for photo enforcement. The US House Transportation Subcommittee on Highways and Transit invited five representatives of the familiar groups that advocate expanded use of red light cameras and speed cameras. In presentations before the committee and written testimony, however, members seemed to be more swayed by what the two camera opponents that appeared had to say.

Hawaii’s Supreme Court ruled in September that speeding tickets issued on the basis of laser speed gun readings were not valid ( view decision). The high court followed up this ruling in March by overturning a case where the officer in question claimed he used pacing to estimate the speed after the laser evidence was thrown out ( view decision). Dozens of motorists convicted by lidar evidence are now being forced to take their case to the Intermediate Court of Appeals in order to clear their names.

The New Mexico Supreme Court on Thursday expanded the ability of police to jail suspects for driving under the influence of alcohol (DUI) by allowing arrests to be made solely based on third-party tips. The ruling was handed down two weeks after the same court had relaxed DUI arrest rules so that motorists sleeping off a night of drinking in their automobiles would not be hit with the same penalty as if they had driven away ( read decision).

The NRA, the Pope, Porsche and Piech, all eyes were on the Supreme Court for the last few days: Gun owners watched the Chicago case (right to arm bears upheld.) Accountants and CPAs monitored the treatment of their favorite boondoggle, a.k.a. Sarbanes-Oxley (upheld.) Rome said “oh my God” when they heard that a lawsuit that accuses the Vatican of conspiring with U.S. church officials to cover up sex abuse could proceed. Meanwhile, Germany’s attention, from Zuffenhausen to Wolfsburg, was fixated on Morrison v. National Australia Bank, No. 08-1191. The Supreme Court seriously frustrated attemps by overseas investors who want to drag non-American companies into American courts. Champagne corks popped at Volkswagen and Porsche. The Guardian: “America’s supreme court has told prospective European claimants to take their claims back to Europe.” So what does that have to do with Porsche?

A woman driving between Texas and Montana was stopped in South Dakota for the crime of driving with too many cats. In the case known as “South Dakota v. Fifteen Impounded Cats,” that state’s highest court ruled Wednesday that the feline seizure was the appropriate response. On August 13, 2009 at around 11:15pm, a Pierre policeman had stopped Patricia Edwards as she was backing out of a parking spot. Edwards, broke, was living out of the car with fifteen cats and all of her personal belongings.

The city council in Mukilteo, Washington voted on Monday to reverse itself on the issue of photo enforcement. After over 1909 voters signed a petition to call for an election to ban red light cameras and speed cameras, council members began to have second thoughts about their contract with American Traffic Solutions (ATS) to operate automated ticketing machines. ATS also operates in the neighboring town of Lynnwood.

The Oregon Court of Appeals earlier this month threw out a commonly performed roadside sobriety test as unscientific. A divided three-judge panel found the accuracy of vertical gaze nystagmus in establishing drunkenness remained unproven in the eyes of the court.

Motorist Paul Miller filed a federal lawsuit against Sanilac County, Michigan sheriff’s department after he was accused of driving under the influence of alcohol (DUI) despite being completely sober. The US Court of Appeals for the Sixth Circuit earlier this month ruled that his case should be tried by a jury.