Florida judge rules red light camera tickets are unconstitutional (cbs12.com)

438 points by 1970-01-01 18 hours ago

fusslo 16 hours ago

After reading the 21 page order, I do tend to agree with the judge

The judge frames the red light camera scheme as a revenue generating scheme, not a public safety measure.

Additionally, "A distinctive feature of the statutory scheme is its assignment of guilt to the registered owner rather than the driver of the vehicle". and "If there are multiple registered owners, the citation is issued to the 'first' registered 'owner'". and the person whom the citation was issued to must sign an affidavit that includes the name, address, dob, of the person who was actually driving. The judge says this "...abandon(s) centuries time honored protections of hearsay as substantive evidence.".

"It is a foundational rule of constitutional due process that the government must prove every fact necessary to constitute an offense beyond a reasonable doubt before a person may be adjudicated guilty of a crime".

"Although nominally civil, traffic infraction proceedings retain every substantive hallmark of criminal prosecution..." "under Feiock, such proceedings are sufficiently criminal in form and function to invoke the full protections of due process..." - that's probably the core of the reasoning here.

"Section 316.074(1) provides in relevant part that "The driver of any vehicle shall obey..."" - the driver, not the registered owner.

I highly recommend reading the order. It's easy to follow and aligns with my understanding of the law within the USA.

hamdingers 15 hours ago

California's new speed camera pilot (AB 645) explicitly solves for this.

Tickets issued by these cameras are civil penalties issued to the owner of the vehicle, like parking tickets, rather than a criminal moving violation. This means the tickets are just as constitutional as parking tickets. It also means penalties are limited to fines and can't impact your driving privilege or insurance.

Hopefully other states can follow this pattern. Consistent, low-impact enforcement is better at preventing unwanted behavior than the rare and severe but also capricious enforcement performed by human police.

sowbug 14 hours ago

Consistent, low-impact enforcement is better at preventing unwanted behavior than the rare and severe but also capricious enforcement performed by human police.

It can also give permission for unwanted behavior. Cf. the Haifa study, where the rate of late pickups increased when daycares added a fine. One explanation is the fine turned a complex moral obligation into an ordinary financial transaction.

Frieren 4 minutes ago

furyg3 20 minutes ago

jaredklewis 14 hours ago

hamdingers 14 hours ago

gus_massa 14 hours ago

ExoticPearTree 6 hours ago

maest 7 hours ago

deepsun 14 hours ago

seanmcdirmid 9 hours ago

quietbritishjim an hour ago

In the UK, speeding fines are also backed by "points" added to your license - get enough of them and you lose your license altogether for a while. It's similar in at least some other European countries.

That is a definite punishment for anyone that cares enough about driving that they were doing it in the first place, while also clearly not being revenue generating (in fact it prevents future fine revenue). I'm not sure that would wash in the car-centric States though (but it would make it an even juicier punishment). But since you don't get banned immediately, it's potentially low-impact on a per-ticket basis.

SturgeonsLaw 27 minutes ago

sejje 14 hours ago

Hopefully other states don't follow this pattern; I don't think the government should be installing surveillance arrays, even if it's "for the children" or public safety.

Trading a little liberty for a little safety and all that.

Larrikin 14 hours ago

hamdingers 14 hours ago

XorNot 14 hours ago

andrepd 12 hours ago

sjtgraham 9 hours ago

But AB 645 is designed to punish and deter rather than compensate, which creates a genuine constitutional vulnerability under California's Article I, Section 16 jury trial guarantee.

The structural problem is that revenue goes to program costs and traffic calming, not to anyone harmed by speeding, which makes the fines punitive in character under any substance-over-label analysis.

The lack of DMV points and criminal record weakens the argument somewhat, but under California's substance-over-label approach those omissions aren't dispositive. They merely show the legislature knew how to stay on the civil side of the line, not necessarily that it succeeded.

If a court finds the penalties punitive in character, the owner-liability structure becomes a compounding problem: California's state due process protections are arguably more robust than federal, and imposing a punitive fine on a registered owner without proof they were driving, while burden-shifting exculpation to them looks increasingly difficult to sustain.

joshuamorton 8 hours ago

valiant55 12 hours ago

PA did this with construction zone cameras. I'm not sure where that landed because its been a while since I've seen one. I successfully appealed my ticket to the magistrate. It initially started as a pilot program and the law requires signage which during the pilot was quite inconspicuous. After the launch the sign was changed to a tiny little thing, about 1/5 the size of the pilot program.

I was going 5 over the reduced speed limit, in the slow lane with rush hour traffic. That thing must've issued thousands of tickets.

bobthepanda 9 hours ago

YokoZar 13 hours ago

Why can't they impact insurance? Are CA insurance companies prohibited from using non-criminal information when deciding who to cover or set rates?

Given that they insure cars more than drivers, it seems kinda reasonable that they be allowed to look at tickets for cars.

tschwimmer 13 hours ago

>It also means penalties are limited to fines and can't impact your driving privilege or insurance.

If this is the case, what are the consequences of not paying the fine? I interpret your statement to mean that they can't prevent registration of your car. Can they tow you in SF for unpaid fines?

bombcar 13 hours ago

whycome 11 hours ago

There's the timing aspect of it as well. As it stands, you only find out about your 'offense' weeks after the fact. If it were a human interaction (eg speeding/police stop) you'd know right away and still have the relevant information in mind to understand the charge and maybe defend. The ability to know and defend should be critical to any charge. K

ggiigg 14 hours ago

Yea, that would be great then I can completely ignore them as I am not poor.

It just turns speeding into something you can buy.

aziaziazi 14 hours ago

sejje 14 hours ago

lokar 12 hours ago

AIUI, calling a law civil vs criminal and/or limiting penalties to fines only are not always enough to remove the protection of due process.

class3shock 9 hours ago

That sounds fine except the part where private companies have cameras everywhere surveilling us, directly tied into dmv records to identify us, and then do whatever they want with that data. And not on a random store front or a persons front door but the major roads we all must use.

Even forgetting that, all this means is people that don't care about getting a ticket, either because they won't pay or it's a such a small amount to them that they don't care. just do what they want. Nothing is being "enforced", just taxed.

ihavekids 8 hours ago

I don't this is is as cut and dry as you're making it seem. See SEC v. Jarkesy. The Supreme Court decided that, when the SEC seeks civil penalties for securities fraud, the defendant has the right to a trial by jury pursuant to the Seventh Amendment.

dotancohen 8 hours ago

So to work around civil protections in law, California now does not consider speeding to be an offense that should impact one's driving privilege or insurance? Just so they could collect that sweet fine money?

hinkley 15 hours ago

These systems are still often too expensive to operate safely. Over and over again these systems have been seen as needing to break even rather than being treated as a public service. But if they actually work then incidence of red light violations should go down, and hopefully substantially. So whatever fines you expect to receive in the first months before drivers adapt are more revenue than you should see at one year or more.

So when you start worrying about it as a cost center, then there is a perverse incentive to do things like shorten yellow lights. Short yellows have been proven to create more vehicular fatalities than people running red lights intentionally. And so the person who makes that decision to shorten yellows to boost tickets is effectively committing murder to keep the system “working”. Which is disgusting. Ghoulish, even.

It is literally better in such situations to simply dismantle the system than keep it running.

hamdingers 15 hours ago

LorenPechtel 12 hours ago

_heimdall 9 hours ago

Interesting that your use of "solves for this" is with regards to the end result of being able to write more red light tickets. In my view, the courts solved this by deeming at least certain uses of red light cameras illegal.

estearum 9 hours ago

ak217 9 hours ago

danesparza 15 hours ago

"It also means penalties are limited to fines and can't impact your driving privilege or insurance."

Wow! So if you have enough money, it's cool to run as many red lights as you want?

hamdingers 15 hours ago

pfdietz 15 hours ago

vkou 15 hours ago

exabrial 11 hours ago

What do you mean other states follow this? Of course not. It’s a nuisance, not a safety measure.

cucumber3732842 14 hours ago

>Tickets issued by these cameras are civil penalties issued to the owner of the vehicle, like parking tickets, rather than a criminal moving violation. This means the tickets are just as constitutional as parking tickets. It also means penalties are limited to fines and can't impact your driving privilege or insurance.

So what does this say about the legitimacy of having those fines affect your license and insurance when issues by a real flesh and blood cop?

Sounds to me like that by default they shouldn't be affecting squat because there's an implicit "the cops will mostly only pull people over if it's unconscionably bad" filter going on.

_blk 7 hours ago

...and just like parking tickets they shouldn't exist on govt property

observationist 14 hours ago

Or maybe not have automated surveillance robonannies playing gotcha games and pocketing money, often impacting those who can least afford it, over technicalities and arbitrary rules made up to benefit the people doing the collecting.

The idea that AI enforcement won't be just as corrupt and capricious as any other form of government run extortion is bonkers. You're talking systems with less oversight than openclaw being run by people whose entire goal is to make as much money as possible, no matter the source. Private, unaccountable companies with effectively no oversight with the legal right to send you invoices for things you might or might not have done, and the cost for disputing it might well exceed the cost of just paying it and getting it over with.

Why are Californians so hellbent on giving their money to the government, given the absolute shitshow that is their budget and track record? The only good things that have happened in California for decades comes out of private enterprise, but all the crazy nonsense is fostered and maintained, apparently quite vigorously, by elected governments.

I'm furious that 10% of my federal income taxes end up going to California's bullshit, I can't imagine what it would be like having to live there.

Seriously, it's bordering on levels of insanity right up there with thinking that Jefferey Epstein would make a great babysitter. Do people just not pay attention? Does the weather just make everyone complacent and docile?

Speed cams and automated gotchas allowing the government to raid your pocketbook are a bad thing. There's no framing or circumstances where that's good.

michaelt 13 hours ago

maxerickson 13 hours ago

exabrial 9 hours ago

htx80nerd 14 hours ago

>"The judge frames the red light camera scheme as a revenue generating scheme, not a public safety measure."

In my own experience, when they took down the red light cameras in my area now people are not afraid to run red lights ~2 to ~3 seconds after it's red. See this kind of thing on a regular basis. Every now and then there's a serious accident.

AdamN 2 hours ago

I feel like when these tickets are struck down it's still smart to send notices to the homes of the cars doing this in more of a shaming way - even if the fine itself isn't legal. I suspect it would increase safety a small amount just by doing that.

Fines (and points) are better of course.

giantg2 14 hours ago

The objective evidence indicates that accidents tend to go up after red light cameras go up, generally because the operators lower the yellow light time to increase fees.

hamdingers 14 hours ago

digitalPhonix 12 hours ago

advisedwang 14 hours ago

kshacker 14 hours ago

themafia 6 hours ago

croes 12 hours ago

SunshineTheCat 15 hours ago

I've followed a few cases surrounding traffic cameras that have been ruled unconstitutional on the grounds that individuals have the right to face their accuser.

The question in those cases came down to if the operators of the cam can be considered "accusers."

They widely considered that of course the cam itself didn't count as an accuser, but the question was how "automated" the system was. If there was a human who flagged it, the system was fine, if it was fully automated, they were unconstitutional.

Many states don't share this opinion, but an interesting argument nonetheless.

qingcharles 13 hours ago

Couldn't you say the same of drug testing spectrometers etc? The end operator of the equipment has to appear in court to testify to the proper operation of the machine. [0]

[0] Unless the defendant waives that right and stipulates to the prosecutor's statement about the machine.

bombcar 12 hours ago

burningChrome 15 hours ago

They started putting them up in the midwest where I live. The interesting thing is if you get a ticket and just pay it? Nothing. If you get a ticket and you challenge it, the judge will immediately throw it out for the reason you pointed out or just dismiss it before it even gets to court by sending out a form letter saying they nullified the ticket, no reason to pay it.

So in essence, if you know this is what they're doing, you're good. But they're not telling people so the money grift continues unabated and in place.

giantg2 14 hours ago

filoleg 13 hours ago

moduspol 15 hours ago

Doesn't the same logic apply to parking tickets?

horsawlarway 15 hours ago

possibly, although I suspect the quote from above:

> Although nominally civil, traffic infraction proceedings retain every substantive hallmark of criminal prosecution...

Is going to matter here. A moving violation (ex: red light) is quite different from a non-moving violation (ex: parking) in how they're handled, and often how they're classified.

Ex - my in state, a moving violation is a criminal misdemeanor, while a non-moving violation is entirely civil.

devman0 15 hours ago

bdangubic 14 hours ago

JumpCrisscross 15 hours ago

Do parking tickets result in “a formal finding of guilt, and consequences tied to a driver’s record”?

otterley 13 hours ago

wifipunk 15 hours ago

Almost, except parking tickets are still typically civil “owner-liability” citations tied to where the car is parked, while red-light violations are intended to target the driver’s conduct

Tactical45 15 hours ago

And speed light cameras

atomicUpdate 15 hours ago

causal 15 hours ago

No. Parking is leaving your possession somewhere and should apply to the registered owner. It is not illegal to own a car that someone else used to run a red light.

lnenad 2 hours ago

moduspol 15 hours ago

hxorr 15 hours ago

spunker540 15 hours ago

jojobas 7 hours ago

vkou 15 hours ago

throwawayffffas 2 hours ago

The judge is right, of course the solution is not to ban the cameras, but to place them in a position that will capture the driver.

giantg2 13 hours ago

"under Feiock, such proceedings are sufficiently criminal in form and function to invoke the full protections of due process..."

This makes me question many existing civil things. Obviously child support, as in the case law. But also, things like red flag laws. It seems like any civil law that would apply criminal-type contemt penalties is unconstitutional.

maest 7 hours ago

So is there an alternative or we'll just accept we can't punish bad driving?

fyredge 2 hours ago

Two paths:

Higher quality cameras equipped with facial recognition connected to a database to issue a ticket to the correct person (driver), or

Hire more traffic officers to sit at traffic intersections to catch red light offenders, which will scale in cost by the size of the city, so

Pick your poison

mr_mitm 2 hours ago

advisedwang 14 hours ago

A speeding ticket is not a criminal charge. Criminal procedure and the rights for criminal defendants don't apply.

The court says that criminal rules should apply because points are at stake, while civil penalties are usually restricted to fines, but I don't buy that argument. We have plenty of non-money civil remedies. Code enforcement departments can require changes to property. Family courts can make all kinds of requirements. It's not outside of constitutional bounds for a traffic rule to result in forfeiting a license without criminal proceedings.

cucumber3732842 12 hours ago

>but I don't buy that argument. We have plenty of non-money civil remedies. Code enforcement departments can require changes to property. Family courts can make all kinds of requirements. It's not outside of constitutional bounds for a traffic rule to result in forfeiting a license without criminal proceedings.

All of which are an affront to people's rights.

The fact that we use a "special word" (civil) for the category of laws where we won't throw you straight in prison if you don't comply, we'll add the extra step of waiting for noncompliance and then charging someone with contempt doesn't fundamentally alter the relationship between the enforcers and the people, so why should the people have to put up with their rights being ignored in those cases?

TulliusCicero 6 hours ago

kakacik 3 hours ago

Lol most of radars become mainly revenue stream, regardless of country or continent. Even mighty orderly Switzerland has some of that shit and its growing.

Where I live, there is one nasty radar placed so that people have to break rather hard, when leaving town as in few meters before end sign, on a steeply downhill slope, when there is just straight empty road ahead. Those who don't know get flashed frequently. There is no pedestrian crossing, no buildings, just empty fields. Locals complained and municipality said - sorry, we know, but its generating too much revenue and municipality needs that cash and became dependent on that. Basically FU. I know about few others in either Switzerland or France which have very nasty locations, in order to trap as many as possible, in places with 0 actual risk to anybody.

They also love putting temporary radars in some train underpasses which also go steeply down, so its trivial go few kms over the limit if you don't constantly brake and ie actually watch traffic around. Since they are well hidden and people see them at last moment and slam brakes hard, it properly increases risks of accidents, especially with mixture of cyclists or scooters/motorbikes. But that doesn't seem the priority anymore.

I am not saying they don't make sense in some places especially around pedestrian crossings, but its trivial to get 'addicted' to steady cash flow and then friction to change situation is maximal. Thats the point where it stops its primary purpose and becomes self-serving bureaucracy self-feeding loop.

tootie 15 hours ago

As someone who lives next to an intersection where cars routinely run red lights, this truly sucks and I hope it gets overturned. I understand the judge's reasoning, but running red lights is dangerous and we need much stricter enforcement.

toast0 14 hours ago

If people routinely run the red light, it seems like an easy case to post an officer to do traffic stops and issue tickets. AFAIK, tickets issued by a sworn officer are broadly constitutional.

tootie 14 hours ago

rootusrootus 15 hours ago

I people are routinely running a red for a particular intersection, it seems likely that there is a design problem with the intersection or the signaling. Improving safety would be fixing the underlying problem.

tsimionescu 14 hours ago

embedding-shape 18 hours ago

Seems the fact that it was a "red light camera" is completely irrelevant? The relevant part:

> The defendant argued the statute unconstitutionally requires the registered owner to prove they were not driving — instead of requiring the government to prove who was behind the wheel.

Bit like having to prove you weren't the one breaking in, rather than the police having to prove you were guilty.

In light of this, seems like a no-brainer no one could disagree with.

cromka 18 hours ago

Not the same. They know the car was yours so, by extension, you should be aware of its whereabouts at any given moment. If it wasn't you driving, you know who. An illegal activity was committed using your tool and you know who did it. They have every right to question you. If you do not know, you testify as such, but then again you need to plausibly explain why was someone operating your car while you were not aware of it.

> In light of this, seems like a no-brainer no one could disagree with.

If someone shoots a person with your gun, you gonna say it wasn't you and expect them not to question any you further? Not very no-brainer, is it?

This is how it works in Poland and, I assume, most/all of EU and the rest of the world.

archontes 18 hours ago

In America, we have the fifth amendment, and the right not to divulge any information whatsoever unless we're granted immunity.

It is enough to say absolutely nothing, and request the government to prove its case.

If someone shot a person with my gun, I would invoke the fifth amendment, and ask the government to prove who did it beyond a reasonable doubt.

limagnolia 15 hours ago

SoftTalker 18 hours ago

KingMachiavelli 17 hours ago

crote 17 hours ago

tsimionescu 14 hours ago

singleshot_ 17 hours ago

joshuamorton 17 hours ago

elteto 17 hours ago

You don't need to explain anything to the government, that's why we have the 5th amendment. It is the government's job to bring charges against you and prove them beyond reasonable doubt. The government is right to investigate and ask questions to accomplish that and I am right to refuse to answer anything.

It's basically "innocent until proven guilty". Red light cameras turn that assumption around since if your car gets ticketed it is assumed you are "guilty until proven innocent".

SoftTalker 17 hours ago

cromka 17 hours ago

mothballed 17 hours ago

ssl-3 15 hours ago

Please don't project the laws and norms of Poland onto the US.

The US is a very big place. And in this place, we have fifty (!) different states. That's fifty different sets of rules relating to owning and driving cars -- nearly twice as many as the EU has member nations.

A Florida judge might decide that red light camera tickets are unconstitutional, while an Arizona judge might decide that they're completely OK. These two very different rulings can co-exist, without conflict, potentially forever.

Each state doing their own thing independently of the others is just how we roll here.

A sane and rational person might reasonably conclude that this situation is literally insane -- and they may be right! -- but it is this way anyway.

(And it is this way by design.)

sejje 13 hours ago

db48x 18 hours ago

Sure, that would be sufficient probable cause for police to ask questions. But it’s not sufficient evidence on which to write a ticket because we specifically wrote into our Constitution that the police must know and be able to prove who the guilty party is _before_ they write the ticket (or make an arrest, in the case of more serious crimes). Poland doesn’t protect its citizens to the same degree, so what is acceptable there is not acceptable here.

JasonADrury 4 hours ago

> They know the car was yours so, by extension, you should be aware of its whereabouts at any given moment.

This is an absurd assumption. I own many cars. Often, I'll borrow a car to a friend, I'm generally totally OK if they borrow it to other people. I don't care, and should not have to care, who those people are.

Also, for what it's worth, the government has no idea who owns any of my cars. EU registration certificates are typically not proof of ownership (are they in any EU country? I suspect quite possibly not). At best a government might be able to figure out the registered keeper of my vehicle, but they're not going to know anything about who drives the car.

>If someone shoots a person with your gun, you gonna say it wasn't you and expect them not to question any you further? Not very no-brainer, is it?

If I say "it wasn't me" and refuse to answer further questions, I would expect them to stop asking me pretty quickly. Being excessively bothersome about asking further questions would be a clear violation of the ECHR.

brigade 17 hours ago

Most of the world also doesn't have the same degree of protections against self-incrimination that the 5th amendment provides. If someone shot a person with my gun, while the police can obviously ask questions, in the US I have the right to not answer and force them to prove beyond a reasonable doubt who fired it.

eweise 18 hours ago

Four people in my family drive my car. I'm supposed to track that? sure.

daveoc64 17 hours ago

crote 17 hours ago

protocolture 6 hours ago

>They know the car was yours so, by extension, you should be aware of its whereabouts at any given moment.

Lol your "Tool" analogy breaks down here.

Its not the responsibility of the defendant to prove their innocence, no matter how you want to twist it.

> expect them not to question any you further

Wow. No one expects you to not be questioned, but for questioning to take place before punishment because duh.

Build a case, test it. Not issue fines based on an assumption.

asdff 5 hours ago

Speed camera tickets show up in the mail weeks after the fact. Say your entire family uses your car. You know who was driving the family car at 2pm on a random sunday five weeks ago? I'm guessing not...

defrost 5 hours ago

smsm42 17 hours ago

> you should be aware of its whereabouts at any given moment

Says who? If the car is mine, I am free to do with it whatever I like (of course, excepting criminal acts). I do not owe anybody an account of what I - or the care - did at any particular moment. If the car was used in the commission of a crime, it's up to the prosecution to prove I had something to do with it. If they think I know who did it - prove it and prosecute me under the law. You can't just prosecute because you think I should know, that's not how proper law works - otherwise every cop in the country would be 100% sure who they caught is the criminal - because why not, if it's enough for conviction, why work harder!

> If someone shoots a person with your gun, you gonna say it wasn't you and expect them not to question any you further?

They can question all they like, but to secure a criminal conviction, they must prove, beyond reasonable doubt, that I was the person who did it. Otherwise you get no conviction. If they strongly suspect I did it, they would find a proof - but the fact that I owned a gun is not that proof (for one, guns can be easily stolen, and frequently are).

jan_g 16 hours ago

HarryHirsch 12 hours ago

electronsoup 16 hours ago

> but then again you need to plausibly explain why was someone operating your car while you were not aware of it.

There is no such requirement.

tsimionescu 15 hours ago

> They have every right to question you.

Sure, but they have no right to issue you a ticket without proving you broke the law. Same as in the gun case: they have every right to question you, but they can't convict you for murder based solely on evidence that it was your gun that killed the victim.

otterley 13 hours ago

terminalshort 17 hours ago

Of course they are going to question you further. But they still do have to prove it to convict you. If the prosecution provides no evidence that you were the shooter other than the fact that you were the owner of the gun, then you are going to get off.

some_random 18 hours ago

The relevant law here is US constitutional law, not Polish nor EU law.

cromka 18 hours ago

circuit10 17 hours ago

I think it's like this in the UK, you are required to either admit to it or inform the police who was driving at the time.

For speeding there's a website where you can view photos and a certificate showing the equipment was calibrated recently, and you can admit or nominate another driver (or you can do it via paper forms)

garaetjjte 15 hours ago

In Poland, ticket enforcement from speed cameras is about 50% (because if you don't accept it voluntarily, they need to file court case and burden of proof is on the government here, as with any other criminal case).

stronglikedan 17 hours ago

> but then again you need to plausibly explain why was someone operating your car while you were not aware of it.

Why? IMHO, I shouldn't have to. It's the police's job to make sure they have the right person.

happosai 7 hours ago

openuntil3am 16 hours ago

In Japan the driver's face needs to be clearly visible in the photo. At least that's what I've been told. I don't drive.

hypeatei 18 hours ago

> If it wasn't you driving, you know who

That's not necessarily true. What if it's a shared car in your family and you weren't home to see who took it?

This comment is the tech equivalent to "falsehoods programmers believe about <thing>"... real life does not fit into such neat boxes.

izacus 17 hours ago

brewdad 17 hours ago

Nursie 6 hours ago

> They know the car was yours so, by extension, you should be aware of its whereabouts at any given moment.

People's spouses and kids drive their cars. I've lent cars to friends before. Unless you've got some kind of log book, you might not know (or even remember) who was driving at any given moment or location.

> you need to plausibly explain why was someone operating your car while you were not aware of it.

This is the point of the judgement, under US law it seems that you don't need to plausibly explain anything, the authorities need to be able to show who was driving as the penalty is pseudo-criminal.

> I assume, most/all of EU and the rest of the world.

Under UK law which is much less definite about the state proving who was driving, one must make a good faith effort to identify the driver. But my Father got into a situation that took months to resolve when a speeding ticket arrived. The photograph of the driver didn't capture the head and was otherwise too blurry to identify from the body. It's a month after the fact on a road they both drive down frequently, and they only have one car. Was it him or his wife driving? Nobody knows.

The primary vehicle owner is not allowed to just assume responsibility for the ticket, because the liability for the offence is with the specific driver. Giving the wrong information is an offence itself, because people have tried those sorts of tricks to (for example) give penalty points to their spouse and avoid a ban.

So ... what do you do?

It's possible to take such cases to court in the UK and receive a not-guilty verdict if the vehicle owner can show a good faith effort has been made to identify the driver but there is no reasonable way of doing so.

stefan_ 17 hours ago

You are missing a nuance. It is simply a separate offence (a misdemeanor) to not identify who was driving when the car was used to commit a violation.

But also traffic cameras here generally take frontal pictures, so typically the only way you can get away with claiming it wasn't you is if they are very lazy / not interested in investigating further.

carlosjobim 16 hours ago

> you should be aware of its whereabouts at any given moment.

Why? Americans liberated themselves from this kind of relationship with the government hundreds of years ago.

ratelimitsteve 16 hours ago

> If it wasn't you driving, you know who.

I don't have to prove who was driving. I don't have to prove I wasn't the one driving. The state has to prove that I was the one driving.

>If someone shoots a person with your gun, you gonna say it wasn't you and expect them not to question any you further?

I don't expect them not to question me further and that's not what this is about. This is about whether your car running a red light is proof, in and of itself absent any other facts, that you ran a red light in your car.

>This is how it works in Poland

This is not how it works in the US

>I assume, most/all of EU and the rest of the world.

You assume incorrectly

Vaslo 17 hours ago

Even if I know who, why would I ever give that information to the court?

crote 17 hours ago

brewdad 17 hours ago

bluefirebrand 18 hours ago

> If someone shot a person with your gun, you gonna say it wasn't you and expect them not to question you further

Running a red light is not remotely equivalent to shooting someone with a gun, get a grip

Rapzid 17 hours ago

cromka 17 hours ago

0x3f 18 hours ago

They have the right to question, but I don't have to testify to anything, that's what the fifth ammendment is for.

As usual, Europe doesn't care about internal consistency when it comes to rights. They just legislate (or rule) whatever 'works' for the current definition of 'works'.

> If someone shot a person with your gun, you gonna say it wasn't you and expect them not to question you further? Not very no-brainer, is it?

Nobody has said you can't be questioned.

cromka 18 hours ago

throwaheyy 18 hours ago

litoE 16 hours ago

Florida must be using cheap cameras. My daughter got a red light ticket in Beverly Hills a couple of years ago. They mailed the ticket to her as the registered owner of the car, including the photographs from the cameras which showed that a) she entered the intersection on a red light, b) her car front and back showing the license plates and c) the face of the driver, establishing it was her. From her expression on the photograph you could tell she was saying "oh, shit!" She just paid it.

seemaze 16 hours ago

Same here; tickets always include the photo of the driver. If the photo is unclear or differs from the registered owner, tickets are easily dismissed.

However, I agree with Florida on this; the onus should be not be on the accused to prove innocence after a citation is issued. Feels like a 'call us to unsubscribe' time-wasting dark pattern.

hunter2_ 12 hours ago

californical 18 hours ago

I see your point, but these are civil tickets rather than criminal charges. And since there’s already many laws and regulations around owning a car, such as registration… isn’t it trivial to say “you are responsible for a car that you register by default”

In the same way, if your car fails emissions tests, you can’t register it and it’s the responsibility of the owner to ensure that their car meets emissions standards.

freediddy 18 hours ago

If you read the article, you would see that issue addressed. The claim was that it wasn't civil, it was quasi-criminal which is why they had to follow due process.

true_religion 18 hours ago

But the risks that running a red light pose aren’t civil in nature, so it feels like a perversion to use civil infractions as an excuse to get sloppy with enforcement.

wat10000 16 hours ago

joecool1029 18 hours ago

Sort of. Basically you can fine the owner of the car and revoke the privileges of driving that car in a given state. Where it gets to be a problem is if the charge is against the 'driver' of the car and the state's not able to prove that. Normally, in courts we can face our adversary and cross-examine, etc. We hit this problem in NJ during the red light camera pilot program, I can remember a guy I worked with getting a ticket because his roommate borrowed a car and the front was hanging out a bit into the intersection.

Some other thoughts: An illegally parked car can be fined, impounded, booted. Car with outstanding parking tickets can also have all of the above. But typically the driver wouldn't see points or a moving violation for any of these offenses. For example: NYC you can get blocking the box tickets written by parking enforcement but they don't carry the weight of a moving violation like a police officer's ticket would. (and if you don't pay it, it's not the driving privilege that's suspended in the state, it's the car itself that would be targeted for booting/impounding, etc)

cucumber3732842 18 hours ago

>I see your point, but these are civil tickets rather than criminal charges.

Yeah that's what they said when ICE was unilaterally kicking in doors.

The way I see it anything that would prompt the government to use violence upon you without you taking action to escalate deserves the same level of protection for the accused as a "real" criminal matter.

Yes I'm aware this includes just about everything beyond library late fines and would break the system at least for awhile. Worth it. The government shouldn't be able to assess the same penalties (fines) and threaten the same enforcement actions (forfeiture of property, arrest for nonpayment, etc, etc) as they do in criminal matters and side step people's rights simply because they say it's civil. The rights and procedural protections are what they are not to prevent the application of a label, but to prevent abuse at the hands of the government.

paulddraper 16 hours ago

bluefirebrand 18 hours ago

No more lending your car to a friend in need, no more letting your children learn to drive on your car or borrow it ever. Families must now own and insure a car for every individual driver because we can't be bothered to find robust solutions for traffic enforcement

Shift the problem onto individuals, make it a burden for the public. Typical HN attitude

californical 15 hours ago

smelendez 18 hours ago

n8cpdx 18 hours ago

smsm42 17 hours ago

Yeah, keeping this would be a dangerous precedent. If the state can presume you're guilty in a traffic case, why not extend it to other cases? Stuff like that is routinely used in legal arguments, "we are doing X so why can't we do Y which is essentially the same?" So say they'd go for "we have your phone located within the vicinity of where murder is committed, now prove you're not a murderer!" or "your license place was tagged next to the store that was robbed, now prove you didn't rob the store!"

And yes, very likely some people would abuse it to get out of traffic tickets. I'd rather have that than constitutional due process protections eroded. We're not doing super-great on that anyway, we don't need to do worse, and if some scoundrel occasionally not paying traffic ticket is a price we have to pay to avoid that, I am fine with it.

LorenPechtel 11 hours ago

Yup. Camel's noses should always be shot. Otherwise they creep in more and more.

Some examples that come to mind:

Look how the exception for searches at border crossings has expanded.

The use of actions against licenses for behavior that has nothing to do with the license.

The use of permits to get companies to do things only marginally related to the purpose of the permit.

The encouragement of universities to expel those accused of criminal acts--just because the punishment isn't jail should not mean the state can hand it off to a kangaroo court.

Pressuring financial companies to cut ties with disliked things. (For example, getting Steam to remove games with any whiff of incest. Either declare them illegal or don't take action against them!)

dolni 18 hours ago

If it's their vehicle and the vehicle wasn't stolen, the owner should know who was driving it. Courts do compel people to testify sometimes (when it is not self-incriminating).

spullara 18 hours ago

They are not required to know who is driving their registered vehicle at all times, just that anyone that is allowed to drive it has a license.

dolni 18 hours ago

tacticalturtle 18 hours ago

The relevant part is that the judge declared traffic ticket proceedings “quasi criminal”:

> In the order, the court found that red-light camera cases, although labeled as civil infractions, function as “quasi-criminal” proceedings because they can result in monetary penalties, a formal finding of guilt, and consequences tied to a driver’s record.

Which seems to just relabel any fine from the government as a criminal matter?

IMO when you register the vehicle for the right to drive on public roads, you are entering into an agreement that you will be responsible for following the rules of the road, and for lending the car to people who also do so.

Similarly, if I register a firearm legally, and then lend it out to anyone who asks, regardless of whether they follow the law, I don’t think it would be crazy to hold me financially responsible if a shooting happens with my gun.

0x3f 18 hours ago

Seems untenable because I can just lie to you about my intended use. I borrow your hammer to build a cabin. Oops, I actually used it to murder people. Enjoy the millions in damages.

bootlooped 16 hours ago

pixl97 16 hours ago

>I don’t think it would be crazy to hold me financially responsible if a shooting happens with my gun.

States have had to write laws for this to be a criminal matter. Before then it was a civil matter, but it was individuals against individuals and not state against individuals.

>Which seems to just relabel any fine from the government as a criminal matter?

It wasn't exactly about the fine, but points on a license I believe.

jonahhorowitz 17 hours ago

In California at least (I'm not sure about Florida law), you can go to court and state "the state hasn't proved that I was the driver," and if the photos are too blurry to show who the driver was, the state loses. You don't have to tell them who the driver was, just show that they don't have enough evidence that it was you. I believe this approach is more consistent with the constitution.[1]

[1]:https://caticketking.com/help-center/photo-red-light-help/ph...

ApolloFortyNine 16 hours ago

The logic is fine, but hit and runs just became a lot easier to get away with then no? Especially with tinted windows being so prevalent you very well might not even be able to give a description at all of the driver, and they can just later say they found their car like that.

Probably a lot of other issues arise from that. If your car gets towed for being illegally parked, what if you just say you didn't park it there? Seems like a similar violation to a red light ticket.

dolphinscorpion 16 hours ago

Hit and run is different; the car is insured, regardless of the driver. If criminal, they will interview to see if the owner was driving, who else had access to the car, and so on.

mikkupikku 17 hours ago

I don't see why the government should have to prove who was driving to issue a ticket, it's not like they have to prove who parked the car to issue a traffic ticket.

Ekaros 16 hours ago

In Finland there is fun thing on that. There is both tickets by municipality where the ticket goes to keeper. But as private parking fines are contractual violations they need to track down or at least reasonably prove the person who parked...

Still, seems to me that it is reasonable to prove who did such violation. Maybe photo could identify person. Or maybe other data could be requested like phone location data. Doesn't seem unreasonable or high hurdle. Probably not cost effective in every case.

SoftTalker 17 hours ago

Parking tickets don't go on your driving record. They are just a tax on parking improperly.

mikkupikku 16 hours ago

maratc 17 hours ago

I think that administrative charges do not need to clear the "beyond a reasonable doubt" bar -- that is reserved for criminal cases only. (So indeed, breaking in or killing.)

"Preponderance of the Evidence" which is probably used for traffic cases means only "more likely than not" (or about 51% certainty).

socalgal2 15 hours ago

There are plenty of laws where you do nothing and are still considered responsible.

For one, that was Florida. In California there's the "Permissive Use" rule which means you are at least partially responsible for who you lend your car to. If they get in an accident, you can be held partially liable.

There's also "Negligent Entrustment" if it can be proved you knowingly loaned your car or gun to someone intoxicated, unlicensed, etc...

Businesses are generally supposed to take responsibility for their employees. That might sound obvious if the business is FAANG but it's far less obvious to a single person coffee-shop or flower stand who hires their first employee who then spills hot coffee on a customer.

Parents are liable for their kids on many (most?) cases

I think another is where a someone goes to bar, drinks too much, the bartender gets charged.

Rather than just fight the cameras, what solution would you suggest? Just saying "more officer enforcement" doesn't seem valid as budgets are shrinking, applicants are shrinking, and people are dying from reckless drivers.

dangood 17 hours ago

This is such a strange argument, as any reasonable person should know or be able to find out who was driving their car at a specific point in time. But also easy to solve such absurd positions - Change the law to say the owner is responsible for any and all infractions and loses the right to ride and own a car for such infractions unless they identify another driver. But I don't see who wins in this scenario, it is much more logical and fair to go in with the aim to penalise the driver, and for this purpose ask the owner to confirm the driver.

paulddraper 16 hours ago

The article title is: "Judge dismisses red-light camera ticket, rules law is unconstitutional"

Which is better than the HN title.

mvdtnz 17 hours ago

> seems like a no-brainer no one could disagree with.

I disagree completely. This is how speed and red light cameras operate in my country. If you weren't the one driving, it's straight forward to show that. The other party can admit to the offence or you can present evidence including the camera itself. The burden is low. Camera infractions do not carry license demerit points because of this ongerent uncertainty.

What's the alternative? Use even more valuable police resources to issue these tickets? Or just not penalize dangerous infractions?

NetMageSCW 13 hours ago

>Or just not penalize dangerous infractions?

Perhaps needing to show these are dangerous infractions should come first?

pixl97 16 hours ago

I mean this entire case was the state attempting to have its case and eat it too.

These US states considered them moving infractions with points. Now the state must adjust by removing points or doing its due diligence.

db48x 18 hours ago

Steve Lehto has an analysis of the opinion: https://www.youtube.com/watch?v=VinCGmdj-jQ

One interesting point is that the Judge also spent some ink criticizing the law because paying the ticket removes the ticket from your driving record. This means that habitual bad drivers can get away with the same infractions over and over again as long as they pay the fines quickly. This bypasses the State’s points system that was designed to punish repeat offenders by taking away their license.

I wonder how other state’s red–light camera laws hold up? Do they have the same flaws or are they written better?

reactordev 18 hours ago

Same flaws. It was all designed to make up for budget cuts and stayed when it made a dent. Once they got used to the money from it, they got complacent with how effective it actually was. This is Law Enforcement in America in a nut shell. They only care when they can’t make their pension plan payments. Rather than go out there and police, they have staffing shortages and rely on the private sector to provide services that allow them to “police” from afar or by an algorithm.

maest 17 hours ago

Loosely related:

There is a driver in NYC who gets almost 300 speeding tickets per year. They've paid their fines, so they're allowed to keep driving. Apparently, since the fines come from speed camera, they can't revoke their license.

https://www.jalopnik.com/1836395/worst-driver-in-ny-563-tick...

chupchap 14 hours ago

In Australia you will get a fine and demerit points for speeding or for running through a red light. The points don't go away even if you pay the fine. If you go through a year without infractions, one point will be taken off. I think that's a fair system. More details here [https://www.nsw.gov.au/driving-boating-and-transport/demerit...] and here [https://www.primelawyers.com.au/traffic-law/speeding-offence...]

Coming to the part about issuing fines to the registered owner, you can nominate a different driver online here, when replying to the fine. The person nominated need to accept this as well before it is taken off the person to whom the vehicle is registered to.

db48x 12 hours ago

Right, many other countries let you point the finger at someone else. The problem is that in the US the government is not legally allowed to even issue a ticket unless they can prove that the person they are prosecuting is the guilty party. Merely being the owner of the car is not enough.

shakahshakah 17 hours ago

New Jersey abandoned their red-light camera laws after ticket challenges involving yellow-light lengths. The length should be proportional to the posted speed limit (e.g. 5.5 seconds for 50 mph), but many lights were found to have incorrect timing (e.g. 2.5 seconds for 50 mph).

Also, I think at that time some questionable arrangements surfaced between the operators of the automated ticketing system(s) and the towns and/or counties involved.

NetMageSCW 13 hours ago

My city seems to be fixing this by having yellow lights extend when it sees a car reasonably close to the intersection. And also helps by switching lights quickly based on car presence.

0xbadcafebee 12 hours ago

> the Judge also spent some ink criticizing the law because paying the ticket removes the ticket from your driving record

Weird thing to point out, as in Florida, if you get any traffic citation, you just hire The Ticket Clinic for ~$80. If they don't get your ticket expunged or points eliminated, you get your money back. They don't lose often. You can keep racking up tickets, but not get any points, as long as you've got $80.

stronglikedan 17 hours ago

That's by design, and that's a good thing. Anything where the person actually driving the car can't be identified (i.e., tickets given by camera as opposed to in-person) shouldn't have any long term affect on anyone's personal records.

kamarg 16 hours ago

If you can't tell who was driving, you shouldn't be sending anyone a ticket.

elliottkember 13 hours ago

spankalee 18 hours ago

Wow, that's a huge problem with that red light camera program then. The drives that run red lights around me clearly don't care much for minor consequences. The point needs to be to identify the sociopathic drivers and get them off the road.

neutronicus 17 hours ago

In my jurisdiction, the GP point is irrelevant because the biggest problem drivers just ignore the fines [1].

It's very common to just have fake plates / registration, with the plan in the case of an accident to just bail out and run.

[1] https://www.wmar2news.com/homepage-showcase/how-md-drivers-w...

jacquesm 17 hours ago

You mistakenly believe that these camera systems are not functioning exactly as intended: they're a revenue stream. If they ended up shutting down the offenders that revenue stream would dry up. The sociopath you've identified is called a whale instead.

neutronicus 17 hours ago

devy 15 hours ago

NYC government has thought about the legality of red light cameras. What they made it legal is to have human law enforcement officers review ever single computer flagged speeding footages with zoom out license plates, putting enforcement officer's signature into the tickets mailed out. In the same ticket they also provided a signed affidavit from the red light camera technology vendor's technician who performs weekly technical maintenance to certify that the red light camera is functional proper at the designed technical specifications (violation speed was far exceeds the margin of errors of reported speed etc.) Thus, both signatures satisfied the legal due process in NY state law. And the red light camera tickets mailing out are legal and enforceable.

Sources:

1. yes I got them before when I was driving a lot in Queens, New York City had legal counsel regarding fighting these red light camera tickets.

2. NYC government is quadrupling those cameras as it's a really cheap way to increase municipal revenue and reduce traffic speed. It's working if you drive in Queens NYC you will notice most traffic obey to the speed limits. https://www.reddit.com/r/nyc/comments/1q8fm89/nyc_to_quadrup...

ecshafer 15 hours ago

> What they made it legal is to have human law enforcement officers review ever single computer flagged speeding footages with zoom out license plates, putting enforcement officer's signature into the tickets mailed out.

Sound like, in typical NYC fashion, its also a great way to pad time for the NYPD and get some quid pro quo from their Union.

crote 18 hours ago

Surely the obvious next step is to charge the car itself with the crime of moving through a red light? Isn't that what civil forfeiture was supposed to be for? You're not getting a ticket, we're just impounding your car until someone bails it out...

Besides, it neatly solves the whole responsibility problem for self-driving car!

seydor 6 hours ago

The car is then required to do X number of self driving rides for free until the total amount is paid off

vincston an hour ago

Its baffling to me how the US cannot handle their traffic laws. How is there any doubt in running a red light? Why can they not let common sense handle it? Just fine the car owner without question. Car owners will think twice borrowing their cars. Easy detection, less bureaucracy. And hopefully safer streets.

1shooner 18 hours ago

>"I've been ticketed here twice, and it's ridiculous because they it's just not fair," one driver said who didn't want to be identified. The person that does the determination when you ran the light, it's just a random. Whoever they want to pick, pick you to say, okay, you're gonna pay the ticket."

This is the opposite of my understanding of red light cameras. I always considered the supposed impartial application of the traffic law as the main benefit.

spankalee 18 hours ago

This is funny quote. Is the driver even disputing that they were the driver? They seem like they're just mad they got caught.

Maybe they just stop running red lights?

jotux 17 hours ago

I suspect this is some light with chronically-bad timing that gets run by tons of people every day. The camera is taking a photo with a bunch of vehicles in the frame and it's ticketing the one that had the license plate unobstructed, even if a few of the vehicles in the frame technically entered the intersection when the light was yellow.

Sometimes lights are just so poorly implemented, and drivers pass through them so often, it feels like whoever designed the intersection was actively goading drivers into running the light.

kstrauser 17 hours ago

MisterTea 17 hours ago

> Maybe they just stop running red lights?

Some lights change timing depending on the time of day so e.g. rush hour might have different timing than midday or late night.

I also believe there are and likely still are cases of malicious short yellow lights at camera intersections to increase revenue.

HDThoreaun 17 hours ago

If someone is using your car they cant legally give you a ticket. If the picture taken doesnt clearly show you theoretically it needs to be dropped but of course thats not how it works in reality

IncreasePosts 17 hours ago

mikrl 17 hours ago

In North America, from what I understand, the issue is that the authorities need to verify your identity in order to ticket you and traffic cameras don’t do that whereas a police officer does.

I agree the automated systems are impartial, but they cannot ID you without it becoming super invasive.

In Europe and places with more omnipresent cameras, the laws are such that they can ticket you without needing to ID. The car gets the ticket so to speak.

tjohns 17 hours ago

It depends on whether the ticket is considered a criminal or civil matter in the US.

For a criminal case, yes, they need to prove "beyond a reasonable doubt" - which would require that you are positively identified as the driver.

For a civil case, they only need to prove by a "preponderance of the evidence" - which is a much lower standard.

This is why tickets from red-light cameras in many states are zero-point citations. You're still charged a fine, but there's no finding of guilt attached to the offense, which keeps it away from being considered a criminal matter. (This is the same way parking tickets work.)

mitthrowaway2 7 hours ago

I guess the car could require inserting a driver's license in order to start, and then store records of who was driving at what time.

red-iron-pine 15 hours ago

What does "North America" have to do with Florida?

I'm in Canada and they issue you a fine without any ID. It goes straight to the registered car owner. Simple as.

The issue is that currently in FL there are points / demerits issued for violations, and these can cause the loss of a license, increases to insurance, etc. This is not a problem if an officer can ID you directly.

forinti 17 hours ago

In Brazil, you can identify who was driving the car and they will get charged with the fine and get the points on their licence. You can do it all using an app on your phone. It's really simple.

I don't know what happens if the other person denies it though.

brewdad 17 hours ago

Many US states have switched to that approach. The ticket goes to the registered owner of the vehicle and no penalty points are attached. It's treated more like a parking citation than a traditional moving violation.

Retric 18 hours ago

Systems don’t necessarily react based on the legal situation. A red light camera that’s improperly installed, poorly maintained, etc could essentially act randomly from a drivers perspective.

crote 17 hours ago

... which is why they are supposed to be regularly calibrated by an independent third party - with tickets automatically being void if law enforcement can't prove that it was functioning properly.

Retric 17 hours ago

brewdad 17 hours ago

Which is why they are supposed to have a sworn officer review the camera footage. I have certainly had a camera flash me while waiting to turn right on red, still outside the intersection. They never sent me a ticket however since I had clearly not done anything illegal.

LorenPechtel 10 hours ago

burkaman 17 hours ago

This person is not articulating it well but I think they are complaining that the person identified as the driver is random. Presumably the camera can impartially identify a car running a light, but not necessarily who is driving.

"I've been ticketed here twice, and it's ridiculous because they - it's just not fair. The person that - [let me start over] - the determination when you ran the light [of who is responsible], it's just a random whoever they want to pick ... [they] pick you to say, okay, you're gonna pay the ticket."

Obviously it's not actually random, it just defaults to the vehicle's owner, but with a generous reading I think you can interpret the quote this way based on the context of the article.

I think it's kind of irresponsible and lazy for the publication to use a verbatim verbal quote like this, when it isn't from someone notable who really needs to be quoted. If you don't understand what they're saying then don't put it in the article, and if you do understand then put in a sentence explaining what they're saying.

b112 17 hours ago

Everywhere I've been, the owner of the car gets the ticket, and it's up to them to figure out if they were driving, or if not them, collect from whomever they loaned the car to.

No camera I've ever seen tries to figure out who the driver is.

The logic is, it's your car, you're responsible for loaning it/owning it, so you get the fine. Don't like that? Don't loan your car out.

The trade off is no points are deducted from a driver's license. It's a pure fine, because they can't prove you were driving.

So the person just seems to be speaking gibberish to me.

edit:

More context...

The same logic applies for parking tickets. No one cares who parked the car, the car's owner gets the ticket... not the person who parked it. While I dislike red light cameras, the logic holds.

db48x 12 hours ago

burkaman 17 hours ago

mikkupikku 17 hours ago

That somebody got nailed twice suggests to me that they are at least making borderline yellow-light decisions, if not running the red outright. I doubt they actually know anything about how tickets are handed out, claiming it's just some guy handing them out at random is flagrant cope.

richard_chase 14 hours ago

I was pulled over for having a non-obstructive frame on my license plate. The officer said they interfere with the red light cameras. He then presented me with a screwdriver and gave me the option of getting a ticket or taking it off. I took the screwdriver and he watched me take it off. I lost a freedom due to a shitty ml model.

sejje 13 hours ago

Time to paint your rear-end chrome.

NetMageSCW 13 hours ago

Just put it back on? In my state, that would not be a stoppable offense anyway if we had red light cameras (too easy to abuse).

vincston an hour ago

Well if this abuse is common the fines should rise. How would you enforce it otherwise?

arjie 17 hours ago

One thing that seems reasonable is to have car points and driver points. In the event of violations, both the vehicle and the driver are assigned points depending on detection. Then after a certain number of points, the vehicle is impounded with the owner able to have it stored at an appropriately licensed facility of their choice that ensures that the vehicle cannot be driven on public roads.

Reporting vehicle theft etc. can provide immunity from points on the car.

quickthrowman 17 hours ago

That seems extremely unreasonable, cops can prove who was driving at the time of the violation or they can not bring a case. If I lend my car to someone and they break the law, it’s not the car’s fault.

I’m glad my state found these unconstitutional as well.

arjie 17 hours ago

Well, objects used in the commission of a crime are frequently confiscated. That's not outrageous. If I lend someone my gun and they rob a bank, I will likely not get my gun back though "it's not the gun's fault". Automated machinery has the advantage that it is impartial and effective, and given that law enforcement costs a lot in these circumstances, and that chasing cars for small enforcement violations creates worse outcomes, it seems thoroughly reasonable to apply the crime to the detectable object.

pixl97 15 hours ago

t1234s 18 hours ago

Having driven in the UK and coming back to the US I miss all of the roundabouts. Any reason (aside from contractor profits) towns use 4-way traffic light systems vs a roundabout and some yield signs?

toast0 14 hours ago

A perpendicular intersection uses way less area than a roundabout. That's the basic reason.

Roundabouts have better throughput than a busy 4-way stop, but less throughput than a signaled intersection if the timing and sensing is reasonable (many signaled intersections don't have reasonable sensing). Roundabouts also have some pretty nasty worst case wait times; I'm really not looking forward to the state installing one near me on the approach to a car ferry; it won't be fun to wait for 200 cars to go by before you get a turn to go, and I expect long ferry lines to result in impatient people in the ferry line blocking the roundabout. Sometimes there's two hours between ferry loadings. Going to be some fun times.

Personally, I find it challenging to both look ahead to the right to confirm I have room to enter the roundabout, look to the left to confirm there is no traffic that I need to wait for, as well as looking far left and right to ensure there are no pedestrians crossing soon. Signaled 4-way perpendicular intersections have worse outcomes when a participant doesn't follow the signalling, but indication of right of way makes it easier to confirm at a glance if it's safe to proceed.

db48x 12 hours ago

> A perpendicular intersection uses way less area than a roundabout.

That’s not actually true. It’s entirely possible for them to have the same footprint.

unselect5917 10 hours ago

boc 17 hours ago

Traffic lights can be tuned to create "green waves" that allows for efficient flow of traffic along arteries through a city. You can adjust the timing throughout the day to help alleviate congestion. In rural areas, heavy machinery/commercial vehicles may need to make a very wide turn through the intersection. Traffic circles are fine for a lot of applications but they aren't strictly better than lights in all circumstances.

0x3f 17 hours ago

I don't see how that could possibly be true. The same flow has to be achieved either way, and lights will always have some margin of inefficiency in switching. Seems lights will always be strictly worse than roundabouts in this sense.

There are also solutions for large vehicles where the center is raised but not impassible.

pixl97 15 hours ago

db48x 12 hours ago

As with most things, it’s just history. Roundabouts were invented here in the US, but the inventor made a tiny but critical mistake. Originally drivers inside the roundabout had to yield to drivers entering it. Obviously we know now that this leads inevitably to gridlock during heavy traffic, but back then it wasn’t so obvious. The result is that roundabouts were written off as a bad idea, and signalized intersections (also invented around the same time) took off instead.

0x3f 18 hours ago

Having driven in both, Americans don't take naturally to roundabouts and it would be difficult to teach all the existing drivers about them. Same in the UK when they add new rules: most drivers remain completely unaware of them.

unselect5917 10 hours ago

The only difference is Americans aren't yet used to them because they're uncommon. You fix that by making them common. It's not like there's a genetic difference in Europe that makes them capable of roundabouts and Americans not.

0x3f an hour ago

Detrytus 14 hours ago

There’s nothing complicated about roundabouts: entering it is like joining the traffic from a parking lot/your own driveway, exiting it is like exiting a highway.

0x3f 13 hours ago

wffurr 15 hours ago

Come to Massachusetts, we have a lot of roundabouts and even a few old style two lane rotaries.

t1234s 12 hours ago

I've driven them.. fantastic and no technology to go wrong.

snarf21 16 hours ago

Space/land; you have to displace and buy the four corner properties (at least) to put one in.

rudhdb773b 8 hours ago

The issue with police departments trying to maximize fine revenue has a simple solution.. pass a law that says all fines go directly to the treasury.

A similar law could eliminate most of the problems with civil forfeiture.

fennecfoxy an hour ago

Lmao why. Stop driving through red light, stop speeding. Ya fuckers.

In the UK it's ridiculous, barely any speed cameras and those that are there are clearly marked (legally have to be). Everyone just slows down for the speed cameras and then start speeding again after.

I've actually heard people say that the above is effective because it makes people slow down where it's important. Or, you know how about people just don't fucken speed in general?

If it were up to me they'd be everywhere, totally unmarked and all revenue from fines would go to charitable causes to rule out the "but they just do it for da money!11" bs - no, they're doing it to stop people speeding and killing someone for fuck's sake.

Stop speeding.

Orygin an hour ago

Except cameras don't increase safety. You say it yourself that everyone just speeds up after the camera.

Getting a ticket also does nothing to prevent you from speeding in the first place (the ticket does not arrive to you instantly, you're still speeding on the road).

Road safety is an infrastructure problem, but it is always easier and cheaper to just put a camera and collect money. While designing roads that you cannot go too fast, and actually building them cost money.

They just want the cheapest option to say "we did something". Not the safest.

presentation 13 minutes ago

One time when I was living in Shanghai, I accidentally took the train to the wrong airport and had to take a cab to the other one. The cabbie was driving on the highway right at the speed limit, and I was worried I wouldn’t make my flight. I asked him if he could rush a bit, but he replied that he would not speed because 100% he would get a ticket.

It only doesn’t work if the system is half assed. But I agree that in low speed pedestrian areas, the built form is a better solution, but knowing you will get caught is also effective (if you accept the privacy tradeoffs).

vaadu 16 hours ago

https://www.youtube.com/watch?v=VinCGmdj-jQ He's a lawyer and describes it in excellent detail.

One side issues the judge brought up is that no points go on the driver's record with a red light camera offense. The entire point of the points system is to get bad drivers off the road. But people can have numerous red light infractions and still keep their license.

Arch-TK 13 hours ago

The US could be be such an amazing place...

Meanwhile the solution to this problem in the UK is to reaffirm that you are in fact guilty by default unless by happenstance you are determined not to be by an unfairly chosen panel of blind and deaf mice.

spullara 17 hours ago

It seems like the law was poorly written. If it is civil, automated speeding tickets and red light tickets should be just added to the registration cost. If it is criminal, you definitely need to identify the person in order to prove they are guilty.

limagnolia 15 hours ago

It should be noted that red light cameras were NOT found unconstitutional as a thing, BUT Florida (and many other states) implementation of them was. And I think the judge used very good, solid reasoning.

donatj 11 hours ago

Minnesota is in a strange place where they were ruled unconstitutional, and they disappeared for many years. Now they are back, and to get around that they are not a misdemeanor, aren't a ding against your license or insurance, and you're under no obligation to pay them.

gozucito 12 hours ago

Fun fact! This is the second time red light camera tickets have been successfully challenged.

I believe the first time it was because the photos were processed out of state. Apparently it didn't stick!

ayaros 18 hours ago

Florida did something good for once?

jscomino 18 hours ago

Here's a novel idea: Let the citizens vote on whether they want red-light cameras or not.

francisofascii 18 hours ago

I suspect the result would be dependant on the specifics. How much is the fine, and how much of a delay after the red triggers a ticket. Sounds like they are set at $158?

triceratops 15 hours ago

Red light camera fines, like all sin taxes, should be made revenue neutral.

Drunk_Engineer 15 hours ago

By that you mean the fines should be made much higher, right? Because traffic crashes have a huge economic cost.

triceratops 15 hours ago

Set the fines to any level, it doesn't matter.

I only mean that all revenues collected from the fines must be distributed to the public at large. They must never be treated as a revenue source for the government.

Sin taxes are meant to reduce bad behavior - or incentivize good behavior. Ideally you'd collect $0 in red-light fines because everyone's following the law. If some politician's budget or private company's revenue stream depends on traffic fines they have adverse incentives. I don't want my city council member voting against traffic safety initiatives because it makes people better drivers and that means less money for some other city program.

advisedwang 14 hours ago

Where does the fine money go? Building more red-light cameras?

triceratops 14 hours ago

Back to taxpayers. Subtract only the cost of installing and maintaining the cameras and aggressively audit that annually. Cut everyone a check at the end of the year. Buy each household a pony. Have a really good 4th of July fireworks display. It doesn't matter, as long as the government can't spend it for any government program. (And actually the pony and fireworks programs might be susceptible to corruption - just send a check)

Or in the case of a private company contracted to run the cameras, don't give a private company a contract to run the cameras. At least not a contract where they get paid in proportion to the fines collected.

No one should profit off bad behavior. No government program's funding should have to depend on people driving badly.

mh2266 9 hours ago

bike lanes, pedestrianized streets, and public transit

triceratops 9 hours ago

LorenPechtel 10 hours ago

Real world, sin taxes lead to sin.

triceratops 10 hours ago

Explain. Is this like "guys walking with rifles in the woods cause deer"?

protocolture 6 hours ago

46493168 18 hours ago

Palantir found their next contract for facial recognition. Palatir x Flock collab soon?

credit_guy 16 hours ago

I know this is not related to the legal merits of the case being discussed, but who runs a red light? In my experience, this is an infarction that occurs very infrequently. Speeding or illegal parking happen all the time, but running a red light? Most people are not suicidal.

Edit: Nevermind, I think crossing on yellow and catching a tenth of a second of red counts as running a red light. If it does, it’s something I did myself a few times (of course, all in the distant past, the statute of limitations has pased now …)

kamarg 16 hours ago

Where I live, it's common to see at least one person run a red at every major intersection and not just for left turns that couldn't be made due to cross-traffic. Quite often these drivers have expired temp tags which means they don't have insurance because you have to show you registered your vehicle to get insurance. Enforcement is awful so people have been trained to realize there's virtually no consequences to their bad habits. And if they do cause an accident, well it's not like the police will show up in time to stop them from driving off.

In fact, it's so bad that parts of the metro are reinstating red light cameras this year despite having decommissioned them years ago for similar legal reasons as what Florida has run into.

pixl97 15 hours ago

>drivers have expired temp tags

Then the state needs to start doing immediate impoundment of these vehicles. Add on massive fines before release of the car for repeat offenders and you'll see this dry up pretty quick.

kamarg 15 hours ago

stetrain 15 hours ago

Fairly common for me to see my light turn green and 2-3 more cars continue turning left in front of me through a red light. And not just yellow-light clippers, but cars that would have fully entered the intersection under a red light.

I'm actually all for impartial enforcement of traffic rules via camera systems, but there are problems that need to be solved.

- There need to be standards for evidence required to assign an infraction to a driver.

- There need to be standards for setting yellow light durations to avoid municipalities reducing them to increase revenue

- There needs to be protection against municipalities outsourcing the whole project to a private entity where there is a combined financial incentive from the private entity and the municipality to issue more tickets without adequate oversight.

My town implemented red light cameras around 15 years ago and then took them back out. Locals noticed shortened yellow lights, and there were multiple issues found with how the private operator issued the tickets and with their contract with the municipality.

neutronicus 15 hours ago

I live in Baltimore and straight-up running of reds is pretty common here.

You can often do it pretty safely - stopped at a light with good visibility to see that there is no cross traffic. But also some people are just insane and blast through lights at 45 without stopping.

Cops haven't cared to enforce it for going on a decade.

loeg 16 hours ago

The worst drivers do it a lot more than good drivers.

wffurr 16 hours ago

Running reds is a favorite pastime of Boston area drivers. Enter just after the yellow and buzz the pedestrians waiting, lurk in the middle of the road and make a left turn once oncoming traffic is stopped for the red, or just blow it for the hell of it.

BrandonM 14 hours ago

> lurk in the middle of the road and make a left turn once oncoming traffic is stopped for the red

In the jurisdictions I'm familiar with, this is the proper way to make a left-hand turn. Many intersections are designed such that this is the only realistic way to ever turn left (high traffic, no left arrow).

Most red light rules are written against entering the intersection on red. If you're already in the intersection, you're allowed to safely proceed through and out of the intersection on red. That can be challenging, of course, if oncoming traffic is running the red light.

fckgw 13 hours ago

The vast majority of red light tickets are people not coming to a complete stop behind the line on right turns on red.

Glyptodon 16 hours ago

Where I live people run them routinely to make left turns. The light timing and spacing are bad, so at some intersections people will keep turning left long past the turn red. There are also several intersections where people cross but get stuck in the middle because another light has to change for traffic to move.

xeromal 15 hours ago

This is a silly example but in Los Angeles, there are hardly any protected left hand turns so the standard behavior is to wait for the light to turn red and two cars proceed before the next traffic group continues. Police even do this.

Apocryphon 13 hours ago

San Francisco also has a good number of unprotected left turns. Cities are just asking for trouble.

interestpiqued 14 hours ago

I mean I’ve run red lights but only because I live in a city and there are times where it would be impossible to turn left due to oncoming traffic. So you poke your nose out a bit so the other directions see you and turn when incoming stops but before new directions start.

HDThoreaun 16 hours ago

Depending on where you live it is very common. In chicago when they installed the cameras they lowered the yellow duration to like half a second so people were constantly running them for a while. Then running yellows became normalized, and just ignoring lights from bikers which drivers noticed, and now when traffic is low its not uncommon to see people just treat lights as stop signs if they think no one is coming.

pixl97 15 hours ago

Yep, the states acted like aunts to get more money and have made the whole system more unsafe for everyone.

Anyone involved in those yellow light lowering schemes should have been criminally charged.

kazinator 15 hours ago

> "I've been ticketed here twice, and it's ridiculous because they it's just not fair," one driver said who didn't want to be identified.

Of course they don't want to be identified after blankly admitting they were ticketed; i.e. they were the one driving, in fact.

Entitled prick: running red lights, and crying "unfair".

> The person that does the determination when you ran the light, it's just a random. Whoever they want to pick, pick you to say, okay, you're gonna pay the ticket."

Complete nonsense; why is the article even quoting this mouth breather?

These cameras work in terms of determining that the given vehicle was involved in the alleged violation. There is nothing random about it. It's not randomly pinning a drummed up allegation on vehicles not involved in a violation. The choice of pinning the ticket on the registered owner is also not random.

Typically these systems take at least two shots, moments apart, one showing the vehicle not yet in the intersection (whose traffic light is clearly red) and then the same vehicle in the intersection a split second later, providing evidence that the vehicle entered the intersection on a red.

protocolture 6 hours ago

>Of course they don't want to be identified after blankly admitting they were ticketed; i.e. they were the one driving, in fact.

In context of this article, being ticketed does not require to be the person driving.

kazinator 6 hours ago

You don't say things like "I was ticketed here twice" if it was someone else using your car.

analog31 18 hours ago

This is going to be the year of refunds from the government.

engelo_b 11 hours ago

The ripple effects for automotive liability will be interesting to watch here. For a long time, insurance companies have viewed these citations as an easy signal for high-risk behavior. If that signal is now legally 'poisoned fruit' in Florida, it likely makes the move toward private telematics tracking your actual braking and speed via apps even more inevitable for the carriers. They are going to want that risk data one way or another, and private tracking bypasses the due process issues of municipal cameras.

jibal 6 hours ago

The HN title is factually incorrect. As the article's title and text state, it was Florida's specific law that was declared unconstitutional, and not because of red light cameras.

jollyllama 15 hours ago

Stephen Ruth sends his regards.

bell-cot 15 hours ago

Before getting too excited - note that it's just a County Court Judge. So the ruling only applies in one of Florida's 67 counties.

kevincloudsec 9 hours ago

whether you want a network of cameras tracking every vehicle through every intersection is a different question that nobody voted on

stevehawk 18 hours ago

just means they will install more cameras to capture driver faces or buy cellphone data

bluefirebrand 18 hours ago

Cellphone data is not sufficient to prove who is operating a vehicle

natas 8 hours ago

the judge probably also got a ticket

shevy-java 16 hours ago

Interesting - the constitution protects people for so many years now.

SilverElfin 16 hours ago

Great. Ban speed cameras next. They’re just performative safetyism used as revenue sources or by activists on an anti car quest. But I actually suspect all of this will somehow be twisted into something neither side expects, which is mass surveillance and tech grift.

lateforwork 18 hours ago

The problem with red-light cameras is that enforcement becomes robotic. Robots are perfect—they don’t make mistakes (at least in theory), and they don’t show leniency. If policing is done by robots, then humans are expected to be infallible.

crote 17 hours ago

This is a complete non-issue. It's a traffic light, you are supposed to stop when it turns yellow! The yellow is the leniency. If you can't manage to stop before it turns red, you are either: 1) speeding, 2) driving a vehicle with defective brakes, or 3) mentally impaired. In all three cases you are a danger to fellow road users.

Besides, it's not a "the machine says so and not even the Supreme Court can overturn it" scenario. If there's genuinely a reason to cross into the intersection while the lights are red (such as there having been an accident, and a cop is temporarily managing traffic) the ticket will be waived. Heck, there will probably even be photographic evidence of it!

Most countries even have cops judge the tickets, just to already filter out those weird cases. The registration is done by a robot, but the policing is still done by a human.

vegadw 15 hours ago

Or you have a heavy, inbalanced object in your car you don't want sliding, something fragile in tow you don't want to have fast decelaration, or just don't have super-human reaction time since some light have extremely fast yellows.

Or, a deer jumped out on the side and you briefly looked away at it.

Or you could tell the driver behind you wasn't slowing down, so the safer option is to go.

Or. Or. Or. Real life is messy, and there's a million reasons to go though a yellow instead of slowing down.

db48x 12 hours ago

rootusrootus 15 hours ago

> Most countries even have cops judge the tickets, just to already filter out those weird cases. The registration is done by a robot, but the policing is still done by a human.

This is common in the US as well. The machine takes the picture, filters out the illegible ones, and sends the rest to an actual officer who will issue the ticket.

maxwell 16 hours ago

Huh? No, you don't stop if it turns yellow, you yield.

idle_zealot 17 hours ago

> and they don’t show leniency. If policing is done by robots, then humans are expected to be infallible.

This is bad when applied to laws that were written with an exception of leniency and selectivity in enforcement, which is quite a lot of them. For running red lights though? I don't mind if the robots take you off the road automatically.

lateforwork 17 hours ago

Running red lights? That's not all the cameras are used for. If are making a right turn on red and didn't come to a complete stop first you can get a ticket.

timeinput 15 hours ago

idle_zealot 17 hours ago

triceratops 15 hours ago

bluefirebrand 18 hours ago

> If policing is done by robots, then humans are expected to be infallible

The reality is that the people doing the policing are counting on humans not being infallible

Fines have become an important revenue stream, that's why they are being automated.

Now that this is becoming more widespread, there's a perverse incentive for governments to maximize the difficulty in avoiding fines. Lower the speed limit on roads designed for higher speeds for "safety", etc

spankalee 17 hours ago

> that's why they are being automated

There are many citizens, like me, begging for red light cameras so something can be done about the rash of crashes and killings from willfully reckless drivers.

quickthrowman 17 hours ago

bluefirebrand 17 hours ago

rootusrootus 15 hours ago

> Fines have become an important revenue stream, that's why they are being automated

Maybe we should legislate traffic fines out of existence, and just use points. Or at the very least the fines should never go back in any recognizable way to the budget of the police doing the enforcement.

spankalee 18 hours ago

Subjectivity in applying the law is a huge problem, especially given how corrupt and violent police are. Red light cameras remove police from the equation for that infraction and apply the law evenly. They also scale in a way that police just can't, and that's extremely important for safety.

I live in a city where red light running is an epidemic. Drivers flagrantly just don't stop, and it kills people all the time. Red light cameras - plus actually revoking drivers licenses, and then actually throwing people in jail for driving on suspended licenses - are the only way to fix this.

It's far past time that drivers are no longer immune to consequences for violent, sociopathic behavior.

NetMageSCW 13 hours ago

“all the time”

When was the last person killed by someone running a red light? When was the time before that?

CapitalistCartr 18 hours ago

We have red light cameras here in Tampa. I don't know all the details of what it takes to make a right on red and not get a ticket, so I do exaggerated stops to be sure. I know what the law claims but that doesn't matter. The real law is the actual (proprietary) code rumning in the machine. Not what the law says. Not what the contract says. Not what the requirements say. Not what the programmer thinks the code does.

thenewnewguy 18 hours ago

No, the real law is what's written by the Tampa/Florida legislature (or I guess you could say the "real real" law is judges' interpretations of what is written). While it may be inconvenient, if you are falsely issued a ticket while following the real law you can have the ticket thrown out.

edoceo 17 hours ago

What kind of time and money and opportunity cost would it take to right this wrong?

thenewnewguy 17 hours ago

edoceo 18 hours ago

This is the correct take. And it's frustrating! To fix the problem an individual has to fight a huge, multi-party system (law, jurisdiction, police, tech-provider) - it's a (near) impossible feat for a person.

dangood 17 hours ago

Sorry, but what is the concern, that you don't know when you've crossed a red light? Or that the software is too stupid to know when a light was red?

angry_octet 14 hours ago

This is a great argument for fines indexed to the price of the car, and non-linearly with speed and value and repeated occurrences.

Fine = 2 ^v^2 ^n^2 ^p^2

Where v is velocity % higher than the speed limit, n is the number of speeding occurrences in the past 12 months, p is the normalised price of the vehicle. Obviously these parameters could be tweaked.

The result should be that frequent violations cost much more, cost is proportional to the increased danger, and rich people feel the cost of violations.

dmix 14 hours ago

Or they can just hire more police and deter crime with actual hard work instead of building a nanny state running social experiments based on how nice your car appears.

angry_octet 11 hours ago

I can see that you have sand in your underpants about getting infringements for breaking the law. It is obviously uneconomic to have very expensive police officers enforce traffic crime when automated cameras are so effective. What you are really arguing for is individual exceptionalism for rich people to violate speed limits.

It isn't a "social experiment" to deter crime, and calibrating punishment to have an actual deterrent effect has a long precedent. If it is "nanny state" policy to set speed limits that penalise repeat offenders and hoons in high powered cars, you will find it has broad community support.

ProllyInfamous 12 hours ago

These are already unconstitutional in Tennessee — yet the private company still sends out violation notices (with a payment address).

Nothing happens if you don't pay them; state congressmen have burned their own citations publicly.

mchusma 18 hours ago

Red light running is bad...but I think the solution to this problem at this point is just "self driving cars". With some exceptions, I would just focus all jurisdictions on this future and avoid policy inline with a world full of self driving cars. Currently in the US, most places feel like you need a car, and many US laws are designed with this in mind. In 5 years, this will no longer be true, so laws should reflect:

1. No parking minimums 2. Less free parking (e.g. street parking) 3. Policy supportive of self driving cars 4. More aggressive removal of driver licenses for human drivers with repeat violations 5. More aggressive penalties for driving without a license.

stronglikedan 17 hours ago

Most people like to drive and don't share your views, and it will be that way in five years too.

mchusma 11 hours ago

I’m skeptical.

The average cost of car ownership is $0.69 per mile without insurance, $0.25 per mile to store it, and $0.49 per mile in societal costs (death, injuries, delays due to accidents). So about $1.43 per mile. I do not enjoy driving, so would add more cost per mile, maybe some would want to pay more but I do t see that much joyriding outside of teenagers and classic car enthusiasts, so I don’t think those that do it for pleasure is a large population.

Tesla cybercab is targeting $0.20 per mile. Waymo projections are $0.40 per mile by 2030. Assuming both hit $0.50 and are twice as safe, this is basically $0.75 per mile.

I don’t see may paying more to drive themselves. And I think as society there will be non economic reasons human driven cars get banned. Like MADD but for human cars.

So I expect 5 years and human cars will not make sense in many cases, 10 years new human car sales to be <50% current levels, 15 years you start seeing bans. 20 years bans common.

triceratops 15 hours ago

I like to drive. I support taking asshole drivers' licenses. They ruin my driving experience.