15 Reasons to Oppose Photo Radar 1. Encourages Criminal Activity
Outsourcing of law enforcement is a breeding ground for corruption. The incentive to rob people is in the profits the tickets generate. Kickbacks and offers of high paying jobs with photo radar companies are being reported here and in other countries. Cities, including Paradise Valley, Dallas, Lubbock, Beaverton, Union City, Springfield, and Chattanooga, have all been caught shortening yellow lights to increase profits from red light cameras. Bethesda left a yellow light at a photo radar intersection at 2.7 seconds for a year after the public complained, even though every other yellow light on the street was 4 seconds. The reason why short yellow lights create a trap for people driving is that short yellow lights create an "impossible to stop" zone in which a certain percentage of people approaching an intersection become caught in the dilemma of not being able to stop safely before the light turns red, and not being able to cross into the intersection without technically running a red light.
http://www.motorists.org:80/blog/6-cities-that-were-caught-shortening-yellow-light-times-for-profit/ http://www.cbsnews.com/stories/2003/06/12/eveningnews/main558431.shtml http://www.clickpress.com/releases/Detailed/5145005cp.shtml http://www.azcentral.com/community/scottsdale/articles/2009/06/29/20090629lights0629.html
In Italy, a speed camera company was caught in a fraud scandal that involved 109 officials and contractors. Italian police found 81,555 speed camera tickets worth $16 million were fraudulently issued. Prosecutors believe that some of these cameras were calibrated in such a way that motorists adhering to the speed limit would receive citations. Photo radar units bearing the same individual serial number were also being used by different municipalities located hundreds of miles apart. Thus preventing proper calibration testing requirements. As a result, $16 million fraudulently issued tickets, between 2007 and 2009, have been cancelled, refunds will be given and license points will be removed. In January, the makers of the T-Red brand of red light cameras were similarly arrested for fraud after prosecutors found motorists were being trapped at intersections with short yellows and improperly certified equipment
http://www.thenewspaper.com/news/27/2795.asp#source
Based out of Phoenix, Australian corporation Redflex violated federal law by using radar units that were not FCC certified. In 2008, Arizona Secretary of State Jan Brewer confirmed that Redflex documents used to convict motorists of speeding in Lafayette, Louisiana contained elements that had been
falsified. Four Arizona laws were violated while purporting to certify a speed camera deployment form for use in official hearings.
http://www.thenewspaper.com/news/24/2464.asp
Arizona Sheriff Babeu says, "It's driven to create money for the government. It's corrupting law enforcement for us to be partnered with a private entity that creates revenue - clearly that's their interest."
2. Slows Down Emergency Personnel Response Time
EMTs and police officers are being ticketed while on duty responding to emergencies. If a camera catches an officer speeding, a notice will be sent to the police department. An officer will then have to go before a driver analysis committee and may be responsible for the cost of the ticket. "The policy is leading to failure on officers to provide service," said PLEA (phoenix law enforcement association) President Mark Spencer. According to Spencer some officers are now going slower when they respond to 911 calls.
http://www.azcentral.com/12news/news/articles/2009/04/27/20090427speedcamscops04272009CR.html#reply17461266
DPS Commander Tom Woodward says patrolmen found the Loop 101 cameras onerous. He said they might have put the public's safety at risk. “ It deterred officers assigned to the East Valley from working that area," Woodward says. "We still responded to calls, but officers were not in that area working traffic proactively as much as they were prior to photo enforcement."
http://www.phoenixnewtimes.com/2007-02-08/news/gotcha/10
3. Affects Consumer Spending and Tourism
Citizens also have an aversion to the cameras. The city of Schaumburg, Illinois found itself in hot water when locals and out of towners vowed to stop shopping at the Woodfield Mall unless the right turn camera was turned off. The village stopped monitoring right turns at the intersection in January.
http://online.wsj.com/article/SB123811365190053401.html
Phoenix is already known for its high tax rate on rental cars. Now, for the first time, AAA has designated the entire state of Arizona as a strict enforcement area, not very welcoming indeed. 4. Endangers Drivers Driving conditions on freeways are made especially dangerous in rainy weather; morning and evening sun glare as drivers react to the cameras by slamming on their brakes.
Multiple American studies show an increase of accidents with red light cameras:
http://www.thenewspaper.com/news/04/430.asp http://www.thenewspaper.com/news/27/2743.asp http://www.tgdaily.com:80/content/view/36435/113/ http://www.citizen-times.com/apps/pbcs.dll/article?AID=200990702113 http://www.thenewspaper.com/news/04/430.asp http://www.thenewspaper.com/news/18/1844.asp http://www.aclutx.org/chapters/article.php?aid=372&cid=3
You will hear that t-bone accidents decrease with red light cameras, but the Virginia Dot Report showed the cameras were associated with an increase of between 31 percent and 54 percent for rear-end crashes overall," the report found. "The association of the cameras with angle crashes differed among jurisdictions, although a preponderance of test results suggested an increase."
http://www.thenewspaper.com/news/18/1844.asp
A preliminary examination of Scottsdale's freeway camera program found a 54 percent increase in rear end collisions accompanied the 110,962 automated tickets issued in 2006
http://www.thenewspaper.com/news/27/2799.asp
Flash Blindness - According to Redflex, their cameras can catch the image of a driver across a full six lanes of traffic. The flash at night could be detrimental. After a flash of bright light, cells within the light-exposed area of the retina become less sensitive to light than those outside that area, so they fail to respond as well to the same level of light. Exposure to bright light can produce an afterimage lasting for minutes to hours depending on intensity and duration of the source light. Afterimages can have undesired effects such as spatial disorientation while operating aircrafts or vehicles. At night, the dark-adapted pupil is wide open so flash blindness has a greater effect and lasts for a longer time. Because vision loss is sudden and takes time to recover, flash blindness can be hazardous. In aviation, pilots are trained to recover from bright nearby lightning flashes.
http://web.njit.edu/~alvarez/conference/Effects%20of%20a%20Single%20Green%20Flash%20Versus%20 a%20White%20Flash%20of%20Light%20on%20Saccadic%20Oculomotor%20Metrics.pdf http://www.redflex.com/html/global/brochures/REDFLEXred-speed.pdf
Increases Information overload. Prof. Simon Washington (and colleagues) Department of Civil and Engineering ASU: Design of [photo zones] should consider the element of surprise to drivers and should aim to minimize it. For example, the placement of cameras in close proximity to high information load locations (e.g., on- and offramps, underpasses, billboards,weaving sections, directional signs, etc.)
should be avoided. Placement of cameras in sight-restricted locations should be avoided. Anyone driving a car on the freeway knows that fixed cameras and vans are being placed in these high information zones.
http://www.azdot.gov/TPD/ATRC/publications/project_reports/PDF/AZ684.pdf
5. Secondary Violations
The new Phoenix/Redflex contract allows for “solution expansion” which includes secondary violations and enforcement. These could include: Right hand turn, left hand turn violations Failure to wear seatbelt Expired tags HOV lane compliance Light rail cams Point to point speed assessment Expired Insurance coverage, expired license plates Automatic Number Plate Recognition (ANPR) to monitor and track the movements of drivers Redflex has told the media it expects to implement its overseas technology to the U.S. within ten to fifteen years. Cameras overseas are used for bus lane enforcement, noise enforcement, railroad crossings, mobile laser system cameras, over-height and over weight capability, tire tread depth – uses a laser.
http://camerafraud.files.wordpress.com/2009/05/2009-06-01-phoenix-chooses-redflex.pdf
6. Targets and Burdens the Innocent
Millions of people worldwide have been the victims of malfunctioning photo radar equipment. They have lost not only money, but time defending their innocence. Others spent hours in defensive driving school, although they did nothing wrong. Switzerland, Australia, New Zealand, the Netherlands, United Kingdom, and yes, even Scottsdale has dealt this low blow to law-abiding citizens. Those who drive for a living risk losing their livelihood. In Canada, cities refuse to reimburse drivers whose tickets have been dismissed, as there is no money in the budget.
http://photoradarscam.com/malfunctions.php http://goldiron.wordpress.com/2009/03/23/switzerland-3000-bogus-speed-camera-tickets-refunded/ http://www.thenewspaper.com/news/27/2778.asp#source http://www.thenewspaper.com/news/27/2792.asp#source http://www.abd.org.uk/talivan_incompetence.htm http://www.youtube.com:80/watch?v=6d6lt1x5xnw&feature=related http://www.youtube.com:80/watch?v=1fC-_J2yCU8&feature=related
7. Conflict of Interest
Redflex provides court administration modules for judges, DPS, attorneys, and witnesses that presents and assesses common dispute tactics and appropriate sound countermeasures required for successful prosecution. Arizona DPS/Redflex contract P 2 Funds the re-election efforts of two-thirds of Arizona’s politicians and provides lawmakers with a personal financial incentive to protect controversial photo enforcement programs. In 1999, a ten percent surcharge was imposed on all traffic tickets to create the “Citizens Clean Election Fund.” The fund allows politicians to avoid tedious fundraising efforts.
http://www.thetruthaboutcars.com/az-pols-pocket-36265795-in-photo-radar-campaign-contributions/
The second-highest court in the State of Alaska struck down the photo radar program in 1997. The judges approved a lower-court determination that convictions rested on testimony from the company running the photo radar program, "witnesses the magistrates described as individuals who have a great deal at stake financially and who will testify to whatever it takes to convince' the court in a given case.... Moreover, were we to find this evidence admissible, the questionable reliability of the testimony renders it insufficient to sustain a conviction beyond a reasonable doubt in each of these cases."
http://www.thenewspaper.com/news/00/67.asp
8. Invasion of Privacy These are not photo cameras; they are high-resolution video devices that run 24 hours a day. According to officer King with Arizona DPS, "We can just about zoom in and see stuff on the dash.” Arizona state law requires that anyone other than a law enforcement officer who gathers evidence for use in court must be a licensed private investigator. Redflex and ATS employees have no such licenses. Redflex employees have been charged with assault, child pornography, and extreme DUI (while driving a photo radar van). They can observe your car, wife, and children and they can figure out where you live. They have access to your DMV records. The tracking of the daily movements of all citizens regardless of guilt or suspicion without court order should concern everyone – even the honest and innocent.
http://photoradarscam.com/
9. Doesn’t remove any immediate threat to citizens like drunks, reckless drivers, or speeders.
1O. Creates distrust and animosity for local officials, law enforcement departments, and makes a mockery of our judicial system. 11. Delegates the state’s sovereign powers to third parties – photo radar companies. 12. National Security Risk - A foreign corporation (Redflex) is monitoring our highways, streets, neighborhoods, and school zones all across America. They are storing data on millions of American citizens.
13. Different Penalties for Otherwise Identical Speeding Violations
“If you are pulled over by a DPS officer, for going five miles over the posted speed limit, the presumed fine is $155; but, if found responsible, you also get two points recorded against your license and your vehicle insurance will likely increase as a result. If you receive a highway photo enforcement ticket, and you are found responsible, the fine is $181.50, whether you were going 76 mph or 106 mph, and nothing is reported to MVD,” Judge Williams Judge John C. Keegan in December issued an order declaring the state's freeway photo radar program unconstitutional: The Fourteenth Amendment to the Constitution of the United States, in part: 1: … nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (emphasis added) Further, Article 2 of the Arizona State Constitution states: 13. Equal privileges and immunities: No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations. (emphasis added) The clear meaning of these provisions of the Arizona and United States constitutions is that it is unconstitutional to create one set of laws that applies only to a particular class of defendant and not to other defendants based solely on the mechanism employed by the government. Given the not uncommon set of circumstances where two drivers are traveling on the same highway, at the same speed in excess of the speed limit, at the same time, in essentially the same location and are cited by the same agency into the same court, ARS § 41-1722 creates a distinction whereby one class of defendant is subjected to a significantly different array of penalties than another class of defendant based solely on the use of photo enforcement. Now, therefore, it is the determination of this court that the provisions of ARS § 41-1722 are unconstitutional and unenforceable within the jurisdiction of this court.
http://www.thenewspaper.com/rlc/docs/2009/az-arrowhead.pdf
Vehicles registered to a corporation, LLC, limited partnership, or family trusts are immune to photo tickets, since the corporation can't be held liable.
http://www.phoenixnewtimes.com/2007-02-08/news/gotcha/10
Whereas state bill 1320 requires a court to report “civil” traffic violations to ADOT for commercial license holders.
14. Criminal Activity Has Become A Civil Matter, Not A Crime
Under Tennessee state law, running a red light is a class C misdemeanor. Under Knoxville's ordinance that laid the groundwork for the bargain with Redflex, it is deemed a civil offense. The City of Knoxville, has decriminalized, and ceased reporting, failure to obey traffic control devise at automated enforcement intersections. Hamilton's chief argument is that the city has taken a misdemeanor criminal offense, which carries a slew of constitutional protections, and turned it into a civil offense, skirting the rights guaranteed to someone charged with a crime Illegal establishment of "de facto" speed limit. Arizona Department of Transportation established speed limits are usurped by DPS' widely published policy of enforcing only violations in excess of 11 mph over the posted speed limit. This effectively establishes +11mph as the legal limit and undermines the limits established by ADOT.
http://photoradarscam.com/
15. Denies Due Process
Across the country, citizens are being charged a fee to defend themselves in court. In Knoxville, the cost of a photo radar ticket is $50.00. If you would like to schedule a hearing to contest the judgment, it will cost you an additional $67.50. It is peculiar how the cost of proving your innocence is more than the ticket itself. In Bellwood, Illinois a $40 administrative fee is tacked on for those who contest their ticket. If a drivers refuses to pay the ticket, the cost of the ticket is doubled, sent to a collections agency, and put on their credit report. Arizona’s Coconino County also participated with a $20.00 charge. The only way for the drivers to avoid the extra fee was to pay the ticket without question.
http://www.azcentral.com/news/articles/2009/02/03/20090203speedchallenge.html
“The offensive assessment of a charge to access the Constitutional right to confront an accuser, here in the City of Knoxville, is as offensive as charging a person a sum for the right to vote, a poll tax,” said Attorney David Hamilton who has filed a class action lawsuit.
"They call them civil," Hamilton argued Thursday. "They are not. There is not a single case in which a criminal defendant has to pay to have a hearing. No one has ever threatened to charge a defendant to schedule a hearing to defend himself. It shocks the conscience of the court. It shocks the constitution. They have turned an attack on our constitutional rights into a business."
http://www.piratenews.org/dbhamilton-com-redflex-federal-court-complaint.html
This complaint is about maintaining the Constitutional protections available under the United States Constitution and the State of Tennessee Constitution, and to halt the slide toward a system of laws intentionally designed to avoid Constitutional protections when the effect of the law is to deprive due process under the law, On information and belief, Knoxville Code Section 17-210 does, as implemented, deprive persons of the right to confront witnesses, right to speedy trial, and obtain counsel without prepaying a tax to the City when attempting to schedule a hearing, all without due process of law On information and belief, Knoxville Code Section 17-210 does, as implemented, deprive persons of property without due process of law, and by placing the burden of proof on the car owner, deprives the car owner of the Constitutional presumption of innocence. On information and belief, Defendant City of Knoxville, did intentionally assign Defendant Sullivan, and others, to a duty intended to deprive citizens there right of access to the court without prepayment. The Sixth Amendment's Confrontation Clause, which is also echoed in Arizona's Constitution, gives the accused the right to be confronted by witnesses against him. With speed cameras, the driver is never confronted by a police officer ticketing him. So far, local governments have skirted around constitutional protections by classifying speed camera tickets as civil, not criminal violations. Efforts to challenge the tickets based on constitutional grounds that appear to have a chance at succeeding are simply dismissed in favor of the driver, swept under the rug by local governments before they can be fully adjudicated. The American Spectator The accused are not being provided with the opportunity to cross-examine or subpoena all camera equipment operators, anyone who handled the evidence, and the officer who issued the citation. The accused are not being provided with the opportunity to examine the design and operation of the equipment itself. This is an explicit violation of due process because the accused clearly do not have a fair opportunity to affect the outcome of their trial if they cannot question key personnel and witnesses who are responsible for the very charges they face. http://photoradarscam.com/ www.CameraFRAUD.com
PARTICIPATE: Join us at our meetings, sign initiative to outlaw photo radar, collect signatures. COMMUNICATE: Join us at Meetup and Twitter and get educated. DONATE: Visit www.ArizonaCitizensAgainstPhotoRadar.com and make a contribution.