#Law

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.

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.