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Vienna_Hokie
Joined: 09/16/2002
Posts: 17,623
Likes: 12,575

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.
Posted: 06/12/2023 at 12:18 PM ET
(In response to this post by BayHokie)

Thread Replies (36)

Full Thread →
Speeding cameras coming to I81 in Salem, Va (to start).
HokieGator 06/12/23 10:03 AM ET
We got rid of cameras in Texas, determined unconstitutional here. **
JHHOKIE 06/12/23 02:18 PM ET
I love Texas...When they become a Country,, I am relocating. That is->
HOKIERIT 06/12/23 05:09 PM ET
We...
khakiblue 06/12/23 05:53 PM ET
I am SURE you do.. Virginia is getting just as bad**
HOKIERIT 06/12/23 06:30 PM ET
Have 2 owners listed on car.**
Concord Dan 06/12/23 11:51 AM ET
Won't change anything, other than who has to pay the fine
Vienna_Hokie 06/12/23 12:37 PM ET
All 400+ accused should show up on their court dates, and see how the court
Stork 06/12/23 10:55 AM ET
Being a school zone, if I were the judge
TheNuke 06/12/23 03:37 PM ET
If it's a school zone (doing school hours) , I am OK with them doing it**
HOKIERIT 06/12/23 05:10 PM ET
Requires you to make a trip to traffic court and ask for due process
BayHokie 06/12/23 10:42 AM ET
and you will likely lose that argument in court
Vienna_Hokie 06/12/23 12:18 PM ET
if no penalty other than a fine, is it any different than a parking ticket?
dans93 06/12/23 11:59 AM ET
Yep...I'm gonna get hammered. Will need a ticket budget annually. Unless ->
HOKIERIT 06/12/23 05:14 PM ET
10+ acording to the Virginia statute.**
UTPr0sim 06/12/23 12:48 PM ET
"9 you're fine, 10 you're mine."
Hokie CPA 06/12/23 10:42 AM ET
The Chief of police for my county (Henrico) spoke at our Rotary. He said->
HOKIERIT 06/13/23 09:29 AM ET
I don't speed in residential areas. Would never forgive myself if...
EDGEMAN 06/12/23 11:53 AM ET
Yeah..I'm very careful in residential areas, and school zones.. But once->
HOKIERIT 06/13/23 09:24 AM ET
It's on anywhere there aren't houses right next to the highway...
EDGEMAN 06/13/23 09:40 AM ET
You almost missed him?
Hokie CPA 06/12/23 11:56 AM ET
Virginia law is pretty restrictive on camera use.
Spud 06/12/23 10:41 AM ET
Gross**
Brewing_Hokie 06/12/23 10:37 AM ET
More efficient than "Speed Checked by Aircraft".
Chris ColemanAdmin 06/12/23 10:35 AM ET
Fake news- they can’t afford it, thankfully. **
YardBird 06/12/23 09:02 PM ET
Many signs read "speed checked by radar and vascar". Not sure I have ever
Nortazhokie 06/12/23 04:15 PM ET
I was told the speed check by aircraft was to cost prohibitive so that is
jdkhokie 06/12/23 11:10 AM ET
Yep, they can't write tickets fast enough to pay for
HortHokie 06/12/23 11:29 AM ET
Frankly I can't believe they ever used it to catch speeders.
EDGEMAN 06/12/23 11:49 AM ET
there use to be lines on teh highway and they timed the car between
VT Pez4Life 06/12/23 01:03 PM ET
Yup, LOL the first time I saw one.**
HokieJay 06/12/23 12:17 PM ET
They've been using cameras In Europe for years to nab speeders**
HokieHi71 06/12/23 10:20 AM ET
This is where the black market is a good thing. Need to the underworld
VT Pez4Life 06/12/23 10:12 AM ET
I'm in..where do I get one?**
HOKIERIT 06/13/23 09:32 AM ET
keep a hitch-mounted bike rack on your car at all times
hookie 06/12/23 01:39 PM ET
too bad VA has them on front and back.....**
VT Pez4Life 06/12/23 01:58 PM ET
how fast do they go?**
bigbadbird 06/12/23 10:08 AM ET