#Law

A Delaware superior court judge took a stand last month against the warrantless police use of GPS devices to record the movements of drivers. Judge Jan R. Jurden issued her ruling in the case of Michael D. Holden who was arrested on drug charges in February 2010 as a result of information obtained from a tracking device.

The first southern New Jersey municipality to issue a red light camera ticket admitted last week that it issued 12,000 tickets worth $1 million at an intersection where the yellow light time was illegally short. At the intersection of William Dalton Drive and Delsea Drive, motorists were given just 3 seconds of yellow warning before the camera began snapping — as opposed to the 4 seconds mandated by state regulations. Mike Koestler, the former mayor of Harrison Township, caught the error after receiving a ticket.

Port Lavaca, Texas residents want the opportunity to vote on the future of red light cameras in the Gulf Coast city of 12,000. Activists who formed the group Port Lavaca Citizens Against Red Light Cameras circulated a petition that would force an up or down vote regarding camera use onto the ballot. Under the city’s charter amendment rules, the group needed to secure 289 signatures. It collected 519, plus another one thousand signatures of support from motorists in the surrounding community.

Chrysler’s bailout-era dealer cull has ended up being something of a nightmare, with a number of dealers successfully fighting for reinstatement as federal investigators look into possible criminal wrongdoing. And whereas GM has basically rolled back much of its dealer cull, Chrysler has consistently used arbitrary calculi for closing dealers and has resisted giving dealers the opportunity to reclaim their franchises. Now, the dealers that have won reinstatement in congressionally-mandated arbitration hearings are facing a new threat: relocation. Automotive News [sub] reports that Chrysler’s method of dealing with reinstated dealers is to force them to relocate wherever Chrysler wants them to go. Chrysler has filed a request in a Michigan District Court, asking for the ability to relocate some 20 dealers in 6 Midwestern states, a move it says it must undertake in order to protect its non-culled dealers. But, having picked the winners and losers among its dealers only to see some of them reinstated, shouldn’t these reinstated dealers be afforded the same rights as the dealers who weren’t culled in the first place?

Speed camera operators in the UK are looking to hike costs for “educational courses” and redeploy cameras to more lucrative locations to address a growing budget deficit. The options for the Thames Valley Safer Roads Partnership were discussed in an August 11 strategy meeting, the minutes for which were obtained from a freedom of information request. The partnership consists of local police agencies, local council members, the courts and the staff who run the speed cameras themselves.

Motorists in Washington, DC may have been falsely accused of driving under the influence of alcohol (DUI) for more than a decade as a result of faulty “Intoxilyzer” breath testing equipment. Whistleblower Ilmar Paegle, a veteran police officer now working as a contract employee for the District Department of Transportation, argued in a memorandum to the city’s attorney general that the breath testing machines have not been properly calibrated since 2000, as first reported by WTTG-TV.

To date, the District has only admitted to bogus breathalyzer results taken between September 2008 and February 4, 2010. Of 1100 cases prosecuted in that period, 300 were convicted based on evidence provided by faulty machines.

A federal class action lawsuit was filed Monday against the notorious speed camera trap in Ridgeland, South Carolina. Three law firms teamed up to make the case against the town’s outspoken mayor, Gary Hodges, members of “the local police department and iTraffic, the private company that operates the cameras on Interstate 95. The case was filed on behalf of residents of Greer, South Carolina; and Dunnellon and Kissimmee, Florida.

Class action attorneys have set their sights on a South Carolina town that set up a freeway speed camera in defiance of state law. Since August, the town of Ridgeland has allowed the private company iTraffic to operate a speed camera system to mail tickets worth $133 to $300 each to the owners of vehicles photographed as they pass through a tiny stretch of Interstate 95. The fully automated system is housed in a recreational vehicle that is usually concealed behind a bridge. When state legislators heard of the town’s plan, they unanimously enacted a law to prohibit the use of speed cameras ( view law).

A federal judge last week overturned the result of a traffic stop in Baltimore, Maryland after the reason for the stop was found to be bogus. On January 26 at around 1:30pm, Baltimore City Police Officers Jimmy Shetterly, Frank Schneider, and Manuel Moro ordered a white Ford Crown Victoria with tinted windows to pull over while driving on Pennsylvania Avenue near Mosher Street. As part of the Central District Operations Unit, the officers saw their mission as “proactive crime fighting” and instead of waiting for calls, their mission was to go and find a crime. The officer sitting in the back seat of the patrol car found one in the form of a claimed vehicle defect.

The red light camera program in Cleveland, Ohio faces serious legal trouble as the state’s second-highest court ruled Thursday that a class action lawsuit could proceed. In its decision, a three-judge panel of the Ohio Court of Appeals for the Eighth Appellate District overturned a county court ruling that had blocked a class action challenge to the city’s issuance of photo tickets to the drivers of leased vehicles. The appellate court insisted that the case had merit as did a federal appeals court in a separate case decision over Cleveland’s automated ticketing machines handed down last month ( view ruling).

A federal judge sided yesterday with a traffic camera company by blocking anti-red light camera referendum sponsors in Houston, Texas from participating in an ongoing legal challenge. US District Court Judge Lynn N. Hughes will decide whether the November 2 vote of Houstonians against traffic cameras should be nullified. Hughes will now make his decision based solely on the arguments presented by supporters of photo enforcement — the city of Houston and American Traffic Solutions (ATS).

Opposing factions in the Missouri General Assembly have emerged ready either to authorize or prohibit the further use of automated ticketing machines in the state. One one side, state Representative Tim Meadows (D-Imperial) has been wined and dined by lobbyists for the photo ticketing industry and, in return, has filed legislation specially crafted to expand the use of speed cameras while appearing to be a “limitation” on their use.

The relationship between automakers and automotive journalists can be extremely difficult, as automakers often hold access to cars hostage based on a journalist’s coverage of them. If, as an automotive journalist, you like every car you drive, the world is your oyster. Automakers invite you to every launch, PR guys gaze longingly into your eyes, and all is right with the world. If, on the other hand, you write negatively about a car, you can find yourself watching the gravy train pull out of the station without you… or, as it turns out, you could even be sued. At least in Italy.

Carscoop reports that Fiat is suing the Italian TV show AnnoZero for “defamatory” remarks about the Alfa Romeo MiTo Quadrifoglio, after the program asserted “the overall technical inferiority of the Alfa Romeo MiTo” in comparison to the MINI Cooper S and Citroen DS3 THP. The details of the case are sketchy, but you can find Fiat’s press release on the matter after the jump.

A watchdog group last week filed a complaint with Canada’s privacy commissioner and the Manitoba Ombudsman’s Office over the city of Winnipeg’s refusal to release data about its photo enforcement efforts. Over the past five months, WiseUpWinnipeg had filed three separate requests for basic information under under a freedom of information law known as FIPPA, but city officials have refused to comply.