The crux of this story is that various courts have taken a cue from that SCOTUS lab evidence ruling, and applied it to traffic and speed cams.
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Judge Wilson said declarations submitted to the court by the private
enforcement company to support the red-light infractions "contain
testimonial hearsay," without which the officer cannot identify the
photographs as taken by the company, cannot attest they pertain to any
actual traffic violation and cannot say with certainty the camera
equipment was in working order at the time of the violation.
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If states were really interested in protecting, not taxing the public, speed cams like this would be in use.
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The
effect of these rulings is that methods for obtaining, transmitting and
storing information about infractions are "not admissible in the
absence of a live witness with personal knowledge of the
procedures." Which translates into requiring speed cam suppliers
to send technicians to testify at ticket hearings. There are not
enough technicians, and they're too far away to travel to every court
hearing anyway. Cases are being thrown-out wholesale. This
of course will have the same effect on tax hungry city officials as
failing to pay Louie the loan-shark his vigorish. Stay tuned.
ASIDE:
Mo
Sup makes regular trips to Tidewater,VA to see family. During a
recent trip she noticed that the yellow light timing at stop lights in
Gloucester had gone from something reasonable, to about 1 second.
The
thought occurred to her that this is precisely
what Baltimore City did when when traffic cams were installed.
She
skoonched forward at a stop light, and looked up. Sure
enough,
perched high atop a pole - the camera. My suggestion that she use her
9mm to shoot the sumbitch fell on deaf ears however. She's such a pussy sometimes.
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