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Archive for the 'photo enforcement' Tag

Sam Crump’s reason not to hate speed cameras

May 8th, 2009, 2:11 pm by Le Templar
Tribune file photo

Tribune file photo

I respect the opposition of Rep. Sam Crump, R-Anthem, to photo enforcement in Arizona. Or at least I did. But the news conference he held Thursday to promise he would continue fighting to abolish speed cameras was comical, if not downright idiotic. Crump rushed before the microphones to explain why he’s not deterred by the arrest a day earlier of Brett Mecum, executive director of the Arizona Republican Party. The state Department of Public Safety claims Mecum was snapped by a speed camera driving 109 mph on a West Valley freeway.

Crump argued Mecum’s arrest actually proves why speed cameras should be banned, because Mecum (or whoever was driving the car) might have had a great reason for driving so fast. If a DPS trooper had pulled the motorist over instead, that person could have explained the need for speed and the kindly officer would sent him on his way. Crump claims that because a photo camera captures a single moment in time and is presented after the fact, the motorist loses any opportunity to justify his actions. Crump compared the camera’s photos to a “summary execution.”

My God, there’s so many ways to dissect what’s wrong with Crump’s position. Let me try to simplify:

  • If a DPS officer had pulled over the speeding car, it would have ruined any “great” reason the driver had for traveling 109 mph. Getting stopped by a patrol officer can delay a motorist by 10 minutes or more. At least with photo enforcement, the driver had no disruptions in reaching his destination and could face the consequences later.
  • Possibly anticipating this counter-argument, Crump described one scenario in which a driver has to drive so fast because another motorist suffering from “road rage” is firing a gun. As we all know, modern cars allow us to move faster than a speeding bullet.
  • A speed camera doesn’t “execute” or convict anyone. It supplies visual evidence of a traffic violation or crime, which is then reviewed by a police officer or traffic expert before a ticket is issued or an arrest made. Furthermore, the evidence also must convince a judge and, in this case, potentially a jury as well.
  • Crump apparently forgot DPS speed cameras also record video 24 hours a day. I’m personally opposed to this part of DPS program. But it certainly undermines Crump’s claim that only a single snapshot taken out of context is used to convict criminal speedsters.
  • Crump’s entire explanation assumes that if the speed camera program didn’t exist, a DPS patrol officer would have been there to catch someone driving 109 mph. But odds are good no one would have been there. Photo enforcement has grown in popularity among law enforcement agencies because they simply can’t hire enough patrol officers to reach all of the streets and highways around the clock. The state faces a $3 billion budget deficit. It ain’t hiring anyone to replace speed cameras if they are banned.

What should Crump have said? Well, he could have used Maricopa County Andrew Thomas’ legal conclusion that law enforcement can’t rely solely on speed camera photos to convict anyone. Crump also could have reminded people of the contention by other speed camera opponents that constitutional rights are more important than the most effective law enforcement possible, or that speed cameras might be more dangerous than helpful on balance.

Instead, Crump made speed camera opponents look foolish with this crazy explanation.

No, Mr. Thomas, speed cameras are not the witnesses

February 23rd, 2009, 5:14 pm by Le Templar

Maricopa County Attorney Andrew Thomas has set his sights on shutting down, or at least undermining, the statewide freeway photo enforcement program. Thomas said today he won’t prosecute any speeding crimes based solely on evidence from speed cameras as supplied by the state Department of Public Safety. Initially, Thomas argues his position reflects the intent of lawmakers who set penalties for speeding  violations as recorded by the DPS cameras that are weaker than those penalties from tickets issued by a law-enforcement officer who has pulled over a motorist. Quoting from his press release:

“Arizona Revised Statute Section 41-1722, the so-called photo-radar statute, provides for a photo-radar enforcement system to regulate vehicle traffic and speed in Arizona. Subsection D of the statute specifies that “the department of transportation shall not consider the violation for the purpose of determining whether the person’s driver license should be suspended or revoked.” The County Attorney concluded that because the legislature prohibited the use of photo-radar evidence for suspension or revocation of driver’s licenses, the legislature ipso facto could not have intended for such evidence to be used in the even more serious context of criminal charges.”

Thomas’ reasoning seems convoluted, but perhaps judges would agree with it. At least one West Valley justice of the peace has refused to consider any tickets issued from the photo enforcement program because the Legislature set lower penalties than for the same offensive when caught by a patrol officer.

My objection comes from what Thomas said next when he implied that even if the Legislature hadn’t set lower penalties, photo enforcement still has problems because it violates the Sixth Amendment right to confront your accuser in court. Thomas parrots long-time critics of speed cameras when he says, “In photo-radar cases, there are no witnesses, and defendants are not permitted to confront their accuser.”

That’s completely false, and Thomas knows it. The law enforcement officer or proper authority who signs the civil ticket (or requests that criminal charges be filed) is the witness. That officer must make the determination that he or she can identify the specific motorist who committed a specific violation at a specific day and time, based on a review of the DPS photos and any other evidence that the officer might gather.

If the officer who signs the ticket or makes the criminal allegation fails to show in court, then the defendant can assert a Sixth Amendment argument. Or, if the officer can’t convince the judge or jury that the right motorist is in court, then obviously the defendant should be found not guilty.

But it’s spurious to suggest that a speed camera can’t pass the Sixth Amendment test. A speed camera is a law enforcement tool to collect evidence of wrong-doing, just like fingerprint dust and a DNA cotton swab. Speed cameras accuse no one; that’s done by law enforcement and attorneys representing the state.

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