Photo Enforced Intersection Hit the skids in Missouri
The Missouri Court of Appeals came down hard yesterday on Arnold’s red-light camera ordinance, ruling it violates the state’s constitution.
Like the many similar ordinances in Missouri, Arnold’s arraignment with the Arizona-based Automated Traffic Solutions, Inc. relies on photos taken of vehicles driving through red lights. The photos, however, don’t identity the actual driver, only the vehicle’s owner.
Ryan Keane, who argued the case for the appellants with The Simon Law Firm, tells Daily RFT that Arnold’s ordinance effectively “shifted the burden of proof” onto the vehicle’s owner to prove that he or she wasn’t the driver who ran the red light.
The court found this unconstitutional, writing in its decision that: “This would infringe upon a fundamental canon and procedure of this country’s and this state’s criminal justice system: an accused is deemed innocent until proven guilty.”
Of course Palm Coast and Flagler County Sheriff’s dept was not available for comment since they have the same scummy arrangement with Arizona Based Automated Traffic Solutions Inc. In Palm Coast, this scam has been going on for about a year and a half but citizens are too complacent to fight these nitwits in the court.
There are two effective arguments:
1) The shift the burden argument in which a car owner must “prove” he wasn’t driving the car. The burden is always on the state to prove ALL elements of any criminal charge. Vehicle owners are obliged to say nothing at all. Remind the Judge that you are the Defendant. It might sink in. The State has the burden to prove their case.
2) The second argument is foundation. This is a machine taking photos. The burden is on the state to lay a foundation that the hardware was working properly at the exact moment the photo was taken. That means they need a company expert to prove that, that the ground hasn’t shifted, that the cameras didn’t move in the wind gusts, that a hard rain did not cause diffusion off the lens.
Ask the High School graduate cop who writes the ticket if he was on the scene at the time of alleged incident. Ask if he was an eye witness. Ask if he knew the weather conditions or the coefficient of friction of that intersection. Ask him how he interprets a breach of the law. If his judgment is involved then demand the Judge throw out the case.
The Palm Coast and Flagler County continue to use taxpayer dollars to install these cameras even though they know the courts in FL have cases pending and other states have declared these cameras unconstitutional. That speaks volumes for the Palm Coast and Flagler County politicians to defy the public and ignore the growing anger of the citizens by forcing this scourge down the throats of the public.
The Police state is out of control. The last time I got stopped for a “dim” taillight, I was stopped by a young High School Graduate dressed in Swat Team Casual. Sometimes its worse, I had another cop stop me to check my insurance card and he was a loudmouth punk dressed like a Jack Booted Mussolini.
I don’t care if you are a stupid biker wearing a Nazi uniform or a Jack Booted Cop sporting the Nazi look. In WWII we lost 365,000 American heroes fighting these goose stepping Nazis. Pardon me if I don’t respect some high school graduate dressed like a Jack Booted Nazi soldier giving me a lot of his formal “cop talk” and referring to me as a civilian. I am a citizen you Jack Booted moron and I find your Nazi manner of dress insulting to the citizens of this nation and our fallen WWII heroes! Maybe you should have studied some history instead of floundering your way through high school, Mr. Badass Nazi Cop! How utterly insulting this is to a free society, that paid for its freedom from Hitler in blood; truly infuriating.
Here is a new light for Flagler County and Palm Coast Politicians. Stop this unconstitutional Big Brother insanity!