Legislative News Profit Above Patriotism: Un-American and Un-Acceptable
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Profit Above Patriotism: Un-American and Un-Acceptable
Posted on November 1, 2011 by Paul Henry
What is more valuable- profit or patriotism?
Today at the Capitol my co-worker John and I were privileged to hear some of the 16 pro-camera lobbyists http://leg.state.fl.us/lobbyist/index.cfm?Lobbyists=View_Principal_Info&Tab=lobbyist&Submenu=2&Principal=American%20Traffic%20Solutions%2c%20Inc&Lobbyist_ID=007071&Title=-%3E2011-%3EL-%3EAmerican%20Traffic%20Solutions%2c%20Inc that represent camera company American Traffic Solutions (ATS) when they spoke to a legislative aide regarding the Motorist Rights bill (HB 343 http://bit.ly/nVY4hq). Apparently the Motorist Rights Restoration Act (MRRA) has them worried. Many of the complaints and concerns I heard dealt with money, although one said the bill was just a sneaky way to get rid of the cameras.
I fully expected the pro-camera lobby to fight this tooth and nail. Let's look at what they are fighting.
1) The bill does not ban cameras. The bill does not become mired in the safety vs. revenue motivation for the devices. In the 2011 session, this was a huge battle and sticking point. It's a true statement that under the MRRA, if one gets a ticket and wishes to pay it, they can. A majority of traffic moving violation tickets in Florida are paid and/or not contested. Florida 2010 UTC figures http://www.flhsmv.gov/reports/2010UTCStats/State_County_Totals.pdf show 34% paid the fine, 20% went to school via the clerk, 23% went to school via the court, 17% were dismissed, with less than 1% each found not guilty or nolle prossed- charges dropped. Only 7% were found guilty. Earlier years are similar.
2) The bill is titled "Rights Restoration" for a reason. You do not have the same opportunity for a hearing (right to due process as stated in the 5th Amendment) as do other alleged violators of the law- you must wait for a second ticket, which carries potentially more severe penalties solely due to your exercising your right to due process as an American. This is first of all an excessive fine in violation of the U.S. Constitution's 8th Amendment which states the right against excessive bail, fines, or cruel and unusual punishment- in this case a higher fine for the same type of violation. Secondly, a loss of the right of equal protection under the U.S. Constitution's 14th Amendment for the disparate treatment. When you (eventually) go into traffic court under the current camera law, you do not have the right against self-incrimination as was identified and defined by the 5th Amendment to the U.S. Constitution. Likewise, you do not have the right to have any witnesses present that facilitated the evidence being used against you (actually your vehicle) as is the case for other offenses per the 6th Amendment. Of course you cannot bring a camera into court and put it on the witness stand any more than you can bring in a breathalyzer for a DUI case. What you can bring in are the people (witnesses) that processed or had care, custody, and control of that evidence. You can bring in the person that tested the breathalyzer to insure it was properly maintained as of the date of the alleged violation. I recall a Trooper on my squad that was the designated maintenance person for all of the breathalyzers. He had to spend time with them, and then he went to court to testify about them. Just like police radars, these devices have to be checked for accuracy every so often. This bring us to point #3.
3) Accuracy tests. Like it or not, cameras are unattended electronic enforcement devices. Let's contrast them with police speed measuring devices such as radars and lasers. Florida law in s. 316.1905(1) http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.1905.html mandates that this equipment must be "…tested to determine that it is operating accurately. Tests for this purpose shall be made not less than once each 6 months, according to procedures and at regular intervals of time prescribed by the department." There's also a whole bunch of administrative rules https://www.flrules.org/gateway/ChapterHome.asp?Chapter=15B-2 for the accuracy tests on these devices.
I mentioned DUI breathalyzers earlier. Here's another electronic enforcement device used by law enforcement. The accuracy testing for them is monthly, not every 6 months (Florida Administrative Code 11D-8.006 https://www.flrules.org/gateway/ruleNo.asp?id=11D-8.006). Would you be OK with us never testing them?
It's only common sense that we have a disinterested third party make these accuracy tests. It's fiscally responsible to mandate the camera company pay for the testing, as they are:
a) Reaping a profit based on their device via the local government's contract with them, a unique situation when one considers we do not pay the company that makes radar guns a monthly fee, and
b) The government does not own the device, so it should not be responsible for the maintenance of it.
Are rights important? I think so. Apparently the group of people that founded America did as well. They enumerated the first ten amendments of our Constitution as the Bill of Rights. Did they pull these concepts out of thin air? No. These rights came about based on their experience dealing with the King of England and his government and court system. Some date back several centuries before then. In the 1700's, it was common to be hauled into court by the King and then being made to confess to the offense the King had charged you with. Likewise, the King allowed the testimony of witnesses that were not present. I'm not making this up. Click (5th http://www.revolutionary-war-and-beyond.com/5th-amendment.html 6th http://www.revolutionary-war-and-beyond.com/6th-amendment.html 8th http://www.revolutionary-war-and-beyond.com/8th-amendment.html Amendments) to read about some interesting history as to how these amendments came to be.
What I'm seeing is a questionable motive on the part of ATS via their lobbyists. It appears to me they are putting profit ahead of patriotism. To do away with the rights of Americans is.. un-American, un-Patriotic, and un-Acceptable. Remember Mom telling you two wrongs don't make a right? Well times have not changed that much. The loss of all of these rights is most certainly a wrong. The Motorist Rights Restoration Act is HB 343 http://bit.ly/nVY4hq / S 568 http://1.usa.gov/oBxF4q and it restores these rights and mandates accuracy tests every 6 months. It is currently in the Florida Legislature.
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