http://articles.orlandosentinel.com/2012-03-30/opinion/os-ed-red-light-cameras-con-20120329_1_red-light-camera-camera-system-red-lights

Red-light cameras green light erosion of our rights
March 30, 2012|

By Aaron D. Delgado Guest columnist

When I heard Daytona Beach was joining the ranks of cities using cameras to catch motorists running red lights, I told my staff to spread the word and let me know when friends or loved ones got their first tickets.

My offer was this: I would handle the ticket for free if they would gamble covering the higher price of the ticket if I lost. As of today, I haven't had to deliver bad news to anyone, except perhaps the city and the corporations selling the red-light camera system.

Why do I dislike the camera system? Am I in favor of red-light runners and mass anarchy?

Of course not. But I am not convinced the red-light camera system furthers its stated goals of reducing traffic accidents. My cynical impulse is the camera system is a well-marketed — and lobbied — and lucrative business.

But who profits? The system is costly to install and maintain, and cities receive only a portion of the revenue collected. While I have not seen a statewide analysis, in some cities, the cameras are not breaking even, or falling far short of the expected revenue.

And as more citizens oppose the tickets, the court dockets grow. Government attorneys have to sit in court all day "prosecuting" the tickets, and the social costs rise. As those costs rise, the camera systems become increasingly less cost effective.

So while the system could, in theory, generate revenue (except in cities where attorneys and citizens continue to fight and raise the "cost of doing business") to support itself (or, as promised, make money for the state), there are externalities I am unwilling to pay for.

An externality is a "spill-over" effect — these can be good or bad effects — not priced into a good or service. The red-light camera system's negative externalities include erosion of privacy and a coercive system forcing a ticketed driver to name the "real culprit" or be punished in their place.

Husband, accuse your wife or son. Boss, accuse your employee(s). Or, pay a fee to a company in New York (which collects violators' fines for the city) and the accusation is settled. No one is notified at the police department. No traffic citation is issued. No points on your license. No risk that your insurance company raises your rates. It is important to point out that no points are ever assessed for a red-light camera ticket, even if you go to court and are convicted.

Easy enough and certainly less expensive than hiring a lawyer or taking a day off work to go and fight. And if you fight, you could lose and have to pay even more money. The practical decision then is clear: Pay the fine, go on with your life.

But the path of least resistance is a slippery slope. I was glad to find friends and citizens willing to risk their money to say that, in our state and our country, we make the government prove every accusation, even "just a traffic ticket."

The legal standard for a traffic-court conviction remains our highest standard — "beyond a reasonable doubt" — the same standard we use to protect citizens from prison or lethal injection. If we choose constantly to take the path of least resistance, we risk losing what makes our country great.

As a citizen and an attorney, I want the government to prove who the driver was and prove the camera works without coercion or "help" from the accused. And it makes me smile every time I meet someone who says, "They can't make me say I was driving — I have a right to remain silent!" or "It is just not right to make me say it was my wife driving. I will not do that." People still get it — we've still got it.

So maybe there is a positive externality here — dialogue about our rights and liberties. A conversation starter and a reminder to not only watch the lights, but our rights.

Aaron D. Delgado is an attorney with Damore Delgado Romanik & Rawlins in Daytona Beach.

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