PALM COAST KILL THESE CAMERA STOPLIGHTS DEAD!
Lawn Nazi has been following the Camera Stoplight Cases across the country.
There is now enough legal gunpowder to shoot Mayor Netts’s money making scheme down and force Palm Coast to issue refunds to all who have paid fines.
The Missouri Supreme Court struck down photo camera ordinances in St. Lewis, Moline Acres and St. Peters. The company behind the Palm Coast Red Light District is the same company that was behind the lights in the Missouri case:
This company focuses on statistics that red light cameras “reduce” drivers that run red lights. They claim this reduces accidents. There is no evidence of that in Palm Cost.
But in Palm Coast home of the aged drivers, the rear end collisions are up markedly because the seniors slam on their brakes when lights are green for a period of time to avoid a quick yellow light.
Or they mistakenly slam on the gas peddle instead of the break. They are confused and bewildered by the lights and focusing on the lights instead of sensible driving.
How were these photo light ordinances invalidated?
A driver other than the owner of the vehicle triggered a fine to the owner of the Vehicle. This is Unconstitutional because it creates a rebuttable presumption that improperly shifts the burden of persuasion onto the defendant to prove that he or she was not operating the motor vehicle at the time of the violation. The state can’t go on a fishing expeditions by fining the owners of vehicles.
The burden of proof is on the state alone.
They must prove that you were driving the car, not someone that looks like you or similar to you, or even identical to you. This would also subject their evidence to the rules of foundation and cross examination. The judge would not have the legal authority to take Judicial Notice of a film used to claim a courtroom idendification. The State is not at liberty to send the owner of a vehicle a ticket without first verifying the driver was the owner.
The red light ordinances are invalid if they conflict with State Law. In Florida the state law issues points to drivers that run red lights but in Palm Coast, the running of a red light is treated like a parking ticket and no points are assigned by the State. More simply, while running a red light under state law may include point, the Palm Coast ordinance disallows points and is therefore Unconstitutional because it conflicts with State Law.
Mr. Netts, “Tear down these illegal Red Light Cameras!”