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and you will likely lose that argument in court
That is the internet lawyer answer that you hear all the time, and there may be a judge or two that is against them and will dismiss your case if you go to court, the reality is, traffic cameras are in place and have been for decades and there has never been a successful challenge on those grounds, the reason they are civil and not criminal violations is that they can't prove you are the operator, however, as the owner, you are responsible civilly. As Spud notes below, there is a law on the books in VA that makes the cameras legal and it has never been successfully challenged.
These are not as simple as a camera taking a picture and sending you a bill. There is a review conducted by a sworn LEO, who is required to sign off on the citation, he or she is in fact viewing the evidence, just like if he or she clocked you with a radar gun or saw you run a light or stop sign. That is your accuser, and they will go to court, just like the officer on the street that pulls you over.
There have been successful challenges of cameras, when I was in Iowa the town I worked in decided to put them up all over town. The basis of the claim was the constitutional grounds and two were deemed non-compliant, but not because they were not enforceable under constitutional grounds, but because they were too close to where a speed limit was reduced, which by IA law, provides a distance for you to slow after the posting of the new speed limit. The other cameras were all left in place and kept the locals well funded and the state supreme court ruled that the fact that a sworn LEO was signing the citation, and the accused could face him or her in court, meant it passed constitutional muster.
Thread Replies (36)
Speeding cameras coming to I81 in Salem, Va (to start).
-- HokieGator
Jun 12, 2023 at 10:03 AM ET
HokieGator
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06/12/23 10:03 AM ET
We got rid of cameras in Texas, determined unconstitutional here. **
-- JHHOKIE
Jun 12, 2023 at 02:18 PM ET
JHHOKIE
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06/12/23 02:18 PM ET
I love Texas...When they become a Country,, I am relocating. That is->
-- HOKIERIT
Jun 12, 2023 at 05:09 PM ET
HOKIERIT
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06/12/23 05:09 PM ET
I am SURE you do.. Virginia is getting just as bad**
-- HOKIERIT
Jun 12, 2023 at 06:30 PM ET
HOKIERIT
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06/12/23 06:30 PM ET
Have 2 owners listed on car.**
-- Concord Dan
Jun 12, 2023 at 11:51 AM ET
Concord Dan
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06/12/23 11:51 AM ET
Won't change anything, other than who has to pay the fine
-- Vienna_Hokie
Jun 12, 2023 at 12:37 PM ET
Vienna_Hokie
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06/12/23 12:37 PM ET
All 400+ accused should show up on their court dates, and see how the court
-- Stork
Jun 12, 2023 at 10:55 AM ET
Stork
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06/12/23 10:55 AM ET
Being a school zone, if I were the judge
-- TheNuke
Jun 12, 2023 at 03:37 PM ET
TheNuke
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06/12/23 03:37 PM ET
If it's a school zone (doing school hours) , I am OK with them doing it**
-- HOKIERIT
Jun 12, 2023 at 05:10 PM ET
HOKIERIT
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06/12/23 05:10 PM ET
Requires you to make a trip to traffic court and ask for due process
-- BayHokie
Jun 12, 2023 at 10:42 AM ET
BayHokie
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06/12/23 10:42 AM ET
and you will likely lose that argument in court
◄
-- Vienna_Hokie
Jun 12, 2023 at 12:18 PM ET
Vienna_Hokie
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06/12/23 12:18 PM ET
if no penalty other than a fine, is it any different than a parking ticket?
-- dans93
Jun 12, 2023 at 11:59 AM ET
dans93
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06/12/23 11:59 AM ET
Yep...I'm gonna get hammered. Will need a ticket budget annually. Unless ->
-- HOKIERIT
Jun 12, 2023 at 05:14 PM ET
HOKIERIT
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06/12/23 05:14 PM ET
10+ acording to the Virginia statute.**
-- UTPr0sim
Jun 12, 2023 at 12:48 PM ET
UTPr0sim
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06/12/23 12:48 PM ET
"9 you're fine, 10 you're mine."
-- Hokie CPA
Jun 12, 2023 at 10:42 AM ET
Hokie CPA
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06/12/23 10:42 AM ET
The Chief of police for my county (Henrico) spoke at our Rotary. He said->
-- HOKIERIT
Jun 13, 2023 at 09:29 AM ET
HOKIERIT
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06/13/23 09:29 AM ET
I don't speed in residential areas. Would never forgive myself if...
-- EDGEMAN
Jun 12, 2023 at 11:53 AM ET
EDGEMAN
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06/12/23 11:53 AM ET
Yeah..I'm very careful in residential areas, and school zones.. But once->
-- HOKIERIT
Jun 13, 2023 at 09:24 AM ET
HOKIERIT
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06/13/23 09:24 AM ET
It's on anywhere there aren't houses right next to the highway...
-- EDGEMAN
Jun 13, 2023 at 09:40 AM ET
EDGEMAN
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06/13/23 09:40 AM ET
Virginia law is pretty restrictive on camera use.
-- Spud
Jun 12, 2023 at 10:41 AM ET
Spud
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06/12/23 10:41 AM ET
More efficient than "Speed Checked by Aircraft".
-- Chris Coleman
Jun 12, 2023 at 10:35 AM ET
Chris Coleman
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06/12/23 10:35 AM ET
Fake news- they can’t afford it, thankfully. **
-- YardBird
Jun 12, 2023 at 09:02 PM ET
YardBird
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06/12/23 09:02 PM ET
Many signs read "speed checked by radar and vascar". Not sure I have ever
-- Nortazhokie
Jun 12, 2023 at 04:15 PM ET
Nortazhokie
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06/12/23 04:15 PM ET
I was told the speed check by aircraft was to cost prohibitive so that is
-- jdkhokie
Jun 12, 2023 at 11:10 AM ET
jdkhokie
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06/12/23 11:10 AM ET
Yep, they can't write tickets fast enough to pay for
-- HortHokie
Jun 12, 2023 at 11:29 AM ET
HortHokie
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06/12/23 11:29 AM ET
Frankly I can't believe they ever used it to catch speeders.
-- EDGEMAN
Jun 12, 2023 at 11:49 AM ET
EDGEMAN
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06/12/23 11:49 AM ET
there use to be lines on teh highway and they timed the car between
-- VT Pez4Life
Jun 12, 2023 at 01:03 PM ET
VT Pez4Life
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06/12/23 01:03 PM ET
Yup, LOL the first time I saw one.**
-- HokieJay
Jun 12, 2023 at 12:17 PM ET
HokieJay
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06/12/23 12:17 PM ET
They've been using cameras In Europe for years to nab speeders**
-- HokieHi71
Jun 12, 2023 at 10:20 AM ET
HokieHi71
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06/12/23 10:20 AM ET
This is where the black market is a good thing. Need to the underworld
-- VT Pez4Life
Jun 12, 2023 at 10:12 AM ET
VT Pez4Life
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06/12/23 10:12 AM ET
I'm in..where do I get one?**
-- HOKIERIT
Jun 13, 2023 at 09:32 AM ET
HOKIERIT
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06/13/23 09:32 AM ET
keep a hitch-mounted bike rack on your car at all times
-- hookie
Jun 12, 2023 at 01:39 PM ET
hookie
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06/12/23 01:39 PM ET
too bad VA has them on front and back.....**
-- VT Pez4Life
Jun 12, 2023 at 01:58 PM ET
VT Pez4Life
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06/12/23 01:58 PM ET