Posted by
Sapper on Sunday, April 01, 2007 8:45:54 AM

First off, I am by no means a Constitutional scholar. Second, after having wasted my Saturday in traffic school as a result of receiving my first ticket in my adult life for a traffic violation at the age of 34, I am a little ticked off. It doesn't help that I have absolutely no recollection of the event so I can't even say with any degree of certainty that I was innocent or guilty of the specific crime of which I have been accused -- and now admitted guilt to because the system leaves me no other practical alternative. I have to ask: How in the world can this be Constitutional?
1. For violations "caught" by speeding cameras (which apparently got me) and red light cameras, this is the only "crime" I am aware of whereby exercising your Constitutional right to go to trial and
face your accuser, you're punished for doing so through additional fines, penalties and so forth thereby discouraging, and I would argue, practically preventing you from exercising your Constitutional rights.
2. For that matter, who
is your accuser? A machine? Sure it's not unprecedented that a camera alone can be a witness sufficient to convict such as in cases of surveillance cameras. However, in the case of the surveillance camera catching someone committing a crime, such as robbing a convenience store, there are two very important distinctions: usually a crime has to be reported by some
one before the camera is used as evidence and if the camera is used as evidence, it is generally obvious through either direct observation or circumstances that the accused is or has or has not committed the crime in question.
3. Once accused, you essentially have to prove your innocence rather than the government having to prove your guilt. (If you don't believe me, try it.)
4. As I said before, not knowing that I was being accused of a crime, which I was at the moment the camera went off, or even remembering being on that particular road on that particular date, I can't even say whether I was or was not, in fact, speeding. I don't know if I really was going 52 m.p.h. I don't know if the equipment was set up and calibrated correctly. I don't know, even if it were that the additional 3 m.p.h. difference between my speed and the cutoff for the violation for which I was accused (49 m.p.h.) is within the tolerance of the equipment being used. I don't know anything at all about the circumstances that led to my citation, in fact. So how in the world could I possibly mount an effective defense, if I wanted to?
I really don't understand how this revenue generating scheme has been allowed to stand this long.