So I got Ticket from a Speed Camera...
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  So I got Ticket from a Speed Camera...
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Author Topic: So I got Ticket from a Speed Camera...  (Read 4803 times)
Kevin
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« on: November 29, 2016, 07:22:33 PM »
« edited: November 29, 2016, 08:23:47 PM by Kevin »

Long Story short,

I was driving through Montgomery County Maryland a few weeks ago on some secondary roads.. Well long story short I came home today to find a citation from their "Safe Speed" Program. In which they used speed cameras to cite me, mentioning the speed I was going, along with pictures of my car.

Even though the amount I am being fined is small. I had a couple of questions about this.

1. From a legal perspective this whole idea of using speed cameras seems very dodgy. I've read that counties in MD that use them have come under alot of flak due to public safety, due process, and privacy concerns. Esp. given that unlike in most other states a real police officer isn't giving the citation, and a private company is administering the whole speed camera program.

2. I live outside of Maryland and the jurisdiction in question. My car also isn't registered there ether.  Also speed cameras aren't recognized as a legitimate tool of law enforcement in my state. And aren't used by any jurisdiction  Do I have to actually pay this fine given everything mentioned above?
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CatoMinor
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« Reply #1 on: November 29, 2016, 07:41:45 PM »
« Edited: January 17, 2017, 01:17:03 PM by Justice Jbrase »

I would ask them for all evidence that you specifically were in the car, and the full maintenance  history for the camera that got you.
 
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Mr. Reactionary
blackraisin
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« Reply #2 on: November 29, 2016, 08:41:25 PM »

2. I live outside of Maryland and the jurisdiction in question. My car also isn't registered there ether.  Alsospeed cameras aren't recognized as a legitimate tool of law enforcement in my state. And aren't used by any jurisdiction  Do I have to actually pay this fine given everything mentioned above?

Most likely. Personal jurisdiction is a bitch to explain but driving on a State's roads is implied consent to be bound by that State's traffic laws. https://en.wikipedia.org/wiki/Hess_v._Pawloski

I am not a member of the Maryland bar and I can't speak to whether or not you could successfully challenge the ticket in Court, but the fact that you were just passing through does not defeat Maryland's jurisdiction over you while you used its roads. And as this was a violation of Maryland law in Maryland, the non-use of speed cameras in other States is of little consequence. I do not know however if the 4th Circuit has heard a 14th Amendment claim relating to speed cameras.

But yeah, my lawyer powers stop at the south banks of the Potomac so if you want to challenge the ticket talk to a Maryland lawyer. My answer is only about the issue of out-of-state personal jurisdiction and not about the Constitutionality of using speed cameras or your odds at getting the ticket dismissed on the merits.
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CatoMinor
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« Reply #3 on: January 03, 2017, 06:28:38 PM »

Challenge it and tell them you are requesting all evidence that you were in the vehicle and a complete record of the the camera's maintenance history. At some point someone will realize you can make it more difficult than what its worth.
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Intell
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« Reply #4 on: January 03, 2017, 08:15:29 PM »

Don't drive over the fycking speed limit, speed cameras are there for a reason, and should be supported.
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Atlas Has Shrugged
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« Reply #5 on: January 03, 2017, 09:07:17 PM »

I just never paid mine. They got rid of them and declared all fines imposed invalid.
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dead0man
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« Reply #6 on: January 04, 2017, 08:51:24 AM »

speed cameras are there for a reason
to increase revenue for the govt organization running them, that's the only reason.  If you think speed cameras (or red light cameras) have anything at all to do with safety I have some land in Florida to sell you.
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Torie
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« Reply #7 on: January 07, 2017, 08:50:45 AM »

Just show up yourself to contest the ticket, and demand a jury. That will really freak out the system. Tongue
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muon2
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« Reply #8 on: January 07, 2017, 10:02:51 AM »

Just show up yourself to contest the ticket, and demand a jury. That will really freak out the system. Tongue

In some jurisdictions (like IL) it's an administrative fine and a civil (not criminal) offense. There's often no judge or court involved, just a local hearing officer. You can still tell the muni that you want to contest it in court, but that will potentially up your ticket price by a lot for the court fees.
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snowguy716
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« Reply #9 on: January 16, 2017, 07:23:37 PM »

Just show up yourself to contest the ticket, and demand a jury. That will really freak out the system. Tongue

In some jurisdictions (like IL) it's an administrative fine and a civil (not criminal) offense. There's often no judge or court involved, just a local hearing officer. You can still tell the muni that you want to contest it in court, but that will potentially up your ticket price by a lot for the court fees.
Pay to play!
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Green Line
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« Reply #10 on: January 16, 2017, 07:29:48 PM »

Don't drive over the fycking speed limit, speed cameras are there for a reason, and should be supported.
You think that's the reason cities put up speeding cameras?!  Ah, to be young and naive.
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bore
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« Reply #11 on: January 17, 2017, 05:03:37 PM »

http://www.theonion.com/article/legal-dream-team-of-coworkers-counsel-woman-on-str-36424
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Kingpoleon
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« Reply #12 on: January 26, 2017, 11:59:38 PM »

Challenge it and tell them you are requesting all evidence that you were in the vehicle and a complete record of the the camera's maintenance history.
You should be able to use the Freedom of Information Act extensively. Ask for a jury to decide (1) whether or not you were in the vehicle, (2) what the maintenance history shows, (3) whether or not something not legal in your jurisdiction should apply to you, (4) whether or not the camera was tampered with, (5) if you deserved a fine or a warning, and (6) whether or not you were speeding - questioning if it is possible for the camera to record your speed incorrectly. If necessary, you could promise to appeal it if you lose, but that may turn the judge/jury against you.
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Rjjr77
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« Reply #13 on: February 06, 2017, 11:16:31 AM »

Long Story short,

I was driving through Montgomery County Maryland a few weeks ago on some secondary roads.. Well long story short I came home today to find a citation from their "Safe Speed" Program. In which they used speed cameras to cite me, mentioning the speed I was going, along with pictures of my car.

Even though the amount I am being fined is small. I had a couple of questions about this.

1. From a legal perspective this whole idea of using speed cameras seems very dodgy. I've read that counties in MD that use them have come under alot of flak due to public safety, due process, and privacy concerns. Esp. given that unlike in most other states a real police officer isn't giving the citation, and a private company is administering the whole speed camera program.

2. I live outside of Maryland and the jurisdiction in question. My car also isn't registered there ether.  Also speed cameras aren't recognized as a legitimate tool of law enforcement in my state. And aren't used by any jurisdiction  Do I have to actually pay this fine given everything mentioned above?
I once got one thrown out by going to the court date and when the judge asked if i was driving I pled the 5th.
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