|
|
Joined: Jan 2001
Posts: 29,801 Likes: 169
Freak of Nature
|
|
Freak of Nature
Joined: Jan 2001
Posts: 29,801 Likes: 169 |
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.
|
|
|
|
|
Joined: May 2011
Posts: 20,017
Freak of Nature
|
|
Freak of Nature
Joined: May 2011
Posts: 20,017 |
Another question about the use of cameras, if you have your tailgate down and the speed or toll camera can't see the tag is that considered to be something illegal?
|
|
|
|
|
Joined: Feb 2002
Posts: 46,184 Likes: 254
Freak of Nature
|
|
Freak of Nature
Joined: Feb 2002
Posts: 46,184 Likes: 254 |
How is it legal to ticket the owner of the car who may not have been in the car at that time?
|
|
|
|
|
Joined: Apr 2013
Posts: 4,697
10 point
|
|
10 point
Joined: Apr 2013
Posts: 4,697 |
The newest spot around Bham will be / is corridor X from old 78 to 65.
Adamsville has a unmarked SUV that Ive seen all the way down to Coalburg rd with cars pulled over which is well out of their city limits. Bham is working it now, and Hoover has even been up there on it. City of Brookside was doing this also but I think I got them stopped from doing it since I havent seen them even driving on it since I complained.
Ethical behavior is doing the right thing when no one else is watching - even when doing the wrong thing is legal. Aldo Leopold .. (except when it comes to trailer tags)
|
|
|
|
|
Joined: Mar 2014
Posts: 3,353 Likes: 26
10 point
|
|
10 point
Joined: Mar 2014
Posts: 3,353 Likes: 26 |
|
|
|
|
|
Joined: Jan 2005
Posts: 33,437
Freak of Nature
|
|
Freak of Nature
Joined: Jan 2005
Posts: 33,437 |
How is it legal to ticket the owner of the car who may not have been in the car at that time? Most of them take a picture of the driver as well. But, it is civil and not criminal. They have to prove it is you if you go to court and fight it.
|
|
|
|
|
Joined: Jan 2005
Posts: 33,437
Freak of Nature
|
|
Freak of Nature
Joined: Jan 2005
Posts: 33,437 |
The newest spot around Bham will be / is corridor X from old 78 to 65.
Adamsville has a unmarked SUV that Ive seen all the way down to Coalburg rd with cars pulled over which is well out of their city limits. Bham is working it now, and Hoover has even been up there on it. City of Brookside was doing this also but I think I got them stopped from doing it since I havent seen them even driving on it since I complained.
Thos Hoover cars are the drug interdiction units that are assigned to the Jefferson/Shelby County Drug Tasc Force.
|
|
|
|
|
Joined: Jan 2001
Posts: 29,801 Likes: 169
Freak of Nature
|
|
Freak of Nature
Joined: Jan 2001
Posts: 29,801 Likes: 169 |
How is it legal to ticket the owner of the car who may not have been in the car at that time? Because it is civil and the ordinances read that the owner of the car is liable. If the owner goes to court, it is my understanding that the judge will expect them to tell who the driver was, what happens from there, who knows? It is like one of the other officers that opposed them said, "Only the honest people will pay these so you're only punishing honest people when they make an honest mistake".
Lord, please help us get our nation straightened out.
|
|
|
|
|
Joined: Apr 2013
Posts: 4,697
10 point
|
|
10 point
Joined: Apr 2013
Posts: 4,697 |
The newest spot around Bham will be / is corridor X from old 78 to 65.
Adamsville has a unmarked SUV that Ive seen all the way down to Coalburg rd with cars pulled over which is well out of their city limits. Bham is working it now, and Hoover has even been up there on it. City of Brookside was doing this also but I think I got them stopped from doing it since I havent seen them even driving on it since I complained.
Thos Hoover cars are the drug interdiction units that are assigned to the Jefferson/Shelby County Drug Tasc Force. Figured they were doing DOT work since everyone is jumping on that bandwagon nowdays. Ive seen Hoover up as far as Chula Vista on 20 with trucks pulled over coming west.
Ethical behavior is doing the right thing when no one else is watching - even when doing the wrong thing is legal. Aldo Leopold .. (except when it comes to trailer tags)
|
|
|
|
|
Joined: Feb 2003
Posts: 7,278 Likes: 9
14 point
|
|
14 point
Joined: Feb 2003
Posts: 7,278 Likes: 9 |
every small town on the way to PC after you pass the state line into FL.
"Hell with them fellows, buzzard got to eat same as a worm" Josey Wales
|
|
|
|
|
Joined: Mar 2015
Posts: 1,687
8 point
|
|
8 point
Joined: Mar 2015
Posts: 1,687 |
I65S, just north of Prattville usually heats up as the summer beach traffic picks up.
Also, since these camera tickets are considered civil instead of criminal, do points go on your driving record?
|
|
|
|
|
Joined: Jan 2001
Posts: 29,801 Likes: 169
Freak of Nature
|
|
Freak of Nature
Joined: Jan 2001
Posts: 29,801 Likes: 169 |
I65S, just north of Prattville usually heats up as the summer beach traffic picks up.
Also, since these camera tickets are considered civil instead of criminal, do points go on your driving record? No points on your record and I don't believe insurance is notified either.
Lord, please help us get our nation straightened out.
|
|
|
|
|
Joined: Mar 2015
Posts: 1,687
8 point
|
|
8 point
Joined: Mar 2015
Posts: 1,687 |
Thanks. I have never received one but that's good to know.
|
|
|
|
|
Joined: May 2009
Posts: 678
4 point
|
|
4 point
Joined: May 2009
Posts: 678 |
Town creek and Hillsboro AL. Don't forget North Courtland. Worse than Town Creek ever thought of being
I Have Stood Next To Death, and People Liked Him Better
|
|
|
|
|
Joined: Dec 2004
Posts: 3,996
10 point
|
|
10 point
Joined: Dec 2004
Posts: 3,996 |
I65S, just north of Prattville usually heats up as the summer beach traffic picks up.
Also, since these camera tickets are considered civil instead of criminal, do points go on your driving record? That stretch of I65 is 70 mph. The speed never changes that I'm aware of. It's not a trap.
|
|
|
|
|
Joined: Dec 2008
Posts: 877
6 point
|
|
6 point
Joined: Dec 2008
Posts: 877 |
Kind of gave up looking about page 5.....
BUT the new beach expressway from I-10 to Gulf Shores has been a gold mine for the town of Summerdale...
Ya'll keep it below 62 even if it is a divide highway or you wi;; have an extra $259 expense added to your vacation!!!
|
|
|
|
|
Joined: Jan 2001
Posts: 29,801 Likes: 169
Freak of Nature
|
|
Freak of Nature
Joined: Jan 2001
Posts: 29,801 Likes: 169 |
Another question about the use of cameras, if you have your tailgate down and the speed or toll camera can't see the tag is that considered to be something illegal? Yes, technically that, or anything else that hides or distorts any part of a tag is illegal. I would think however that if they couldn't prove your intent was to hide your tag a downed tailgate would go no where if it was challenged in court.
Lord, please help us get our nation straightened out.
|
|
|
|
|