Originally Posted By: doekiller
There is a fight going on about the legality of traffic tickets given out by the cameras in the state of Alabama. Alabama law doesn't give municipal governments any jurisdiction over civil matters and those tickets are not a criminal matter, they are civil.

They are not criminal because Alabama law doesn't allow a misdemeanor arrest by an officer without a warrant and without him witnessing the crime except under very limited circumstances. (DUI and domestic violence are two two most common)

The courts in some counties (Jefferson being one) have ruled them unconstitutional. Some counties allow them. to my knowledge, no one has ever appealed one past circuit court.


I, as a LEO, am adamantly opposed to those cameras for two reasons. First, it is just a way to skirt the law in Alabama that requires the offense to be committed "in an officer's presence" as Doekiller correctly pointed out and secondly, I think it is a way too slippery slope when someone starts profiting from enforcing the law. If that company isn't making the money they want, who is to say that they won't start fudging the camera timing some? There is a reason police officers don't get paid per ticket or arrest they make. It's the same principle.

Against my advice, they put some up in Selma. First the City had to pass an ordinance making it a civil offense. Someone, and I'll let them argue with Doekiller if it comes up, cited a State law which did give cities jurisdiction to enforce civil laws. The city of Selma put no money into this project, the company paid for cameras and installation. Of course, they are keeping almost all of the fine money and very little goes to the city. I'm sure some cities work it where they bear the cost for a bigger piece of the fine money.

One thing the City of Selma has done right in this matter is all the money that they collected is in a fund and it hasn't been touched yet. That way, when they are ruled illegal, which in my opinion is eventually coming, the City won't go broke giving the people the portion of the money back that went to the city.

Lord, please help us get our nation straightened out.