|
If you've been
photographed by a red light camera, you will recognize
the "information
sheet" below, which is mailed with your citation. We found so many half-truths,
false assumptions, and outright lies in this document, that we decided
to deconstruct it and insert some truth. This handout smells more like "sheet" than
information.

Ticket Assassin:
The word "violator" and "violation" are used throughout this notice.
Nowhere is "alleged" added. The assumption here is clear: if the camera
took your picture you must have broken the law.
Perhaps we should thank
the architects of our new police state for removing that
nagging right to be considered "innocent until
proven guilty in a court of law" from
our lexicon. By referring to defendants as "violators" as if they've
already been found guilty, this fascistic use of technology
attempts to unravel our right to due process in a single
flash of light.

Ticket Assassin:
Running a red light is a traffic infraction,
a minor criminal offense. Only people can commit crimes,
not vehicles. Here we see one of the major obstacles to automated
enforcement prosecution: the driver of the vehicle at the time of
the alleged violation is never positively identified .
In traffic
stops, the police positively identify the alleged violator
by checking his driver's license and having him sign
the ticket. By signing the citation, the cited motorist promises to appear
at the date and time specified on the ticket. Failure to honor this signed
promise can result in a "failure to appear," a
misdemeanor offense that may result in additional fines
and a license suspension.
In automated red light tickets,
the driver of the vehicle at the time of the violation
is never identified. The registered owner of the car is cited as if he
or she was the driver, but there is no way to prove this for
a fact. Since there is no signed promise to appear and
no positive identification of the driver, attempts to
convict the registered owner for a violation he may not
have committed are legally difficult. Owners who ignore these citations
are usually threatened with a collection action
but seldom with any legal action.

Ticket Assassin:
If you pay the bail, the court assumes
that you were driver at the time of the alleged violation.
By paying, you verify their guess that
you were the driver they photographed. When you answer
this notice by paying the bail, their speculation now
becomes a fact: you have admitted being the driver and
are subject to a $346 fine and having a conviction recorded
on your DMV record for five years.

Ticket Assassin:
If you decide to be honest and essentially
self-incriminate by paying the bail, you can still keep the citation
off your driving record by attending traffic
school. When you complete traffic school, the court will dismiss
you citation, saving you about $1000 in insurance increases
over the next five years.

Ticket Assassin:
This is where you are coerced to rat
out your dad, brother, sister, spouse or best friend
who was driving the car at the time of the alleged violation. You are
being asked here to betray a loved one so that the state government
and Lockheed Martin can get rich. If the government can
intimidate you into turning in your own family over an
alleged traffic violation, they can probably make you
do anything.
If the citation is in your name, but you
are not the driver in the photo, you can go to the court
and plead not guilty. Your case should be dismissed since
they have no evidence against you. The court cannot convict
you of the violation if you are not the driver in the
photo.
Given the number of people who routinely drive
your car (family, friends, valets, mechanics) it should
be no surprise if you cannot say for sure who had your
car at a particular date and time.
To avoid a court appearance, you can
also plead not guilty via mail. To view an example of
a Written Declaration for an automated enforcement citation in which
you were not the driver, visit our shareware
page.

Ticket Assassin:
A court appearance can very often
result in a fine reduction. Judges have wide discretion
in these cases. One judge in San Diego routinely reduces the automated
enforcement citation fines from $346 to $130.
Contesting your case via
mail in a Trial by Written Declaration is a legal right
in California, it is not just for those who "are unable to attend a trial hearing
in person." Our "shareware" page provides
examples and instructions for completing a Trial by Written
Declaration without a court appearance.

Ticket Assassin:
Once you call or write the court,
they will know that you received the citation and they
will expect you to appear to answer the charge or pay up.
Scheduling
an appointment to view a color version of the photo is
a massive waste of time. The "traffic violations bureau" is
just a front for Lockheed Martin. Even if the photographed
driver is clearly not you, the "bureau" will
still direct you to appear in court. They hope that the
court will intimidate you into providing information
about the photographed driver (i.e. they hope the court
can scare you into ratting out your Mom).
Back page

Ticket Assassin:
Where's Stephen Hawking when you really
need him. Do you understand any of this technical nonsense?
No? Good! You are not supposed to. Are you confused, befuddled,
dispirited? Has your brain shut down as it did in 10th
grade algebra class? Good! That's the point. They hope you'll be so confused
by this misleading jargon that you give up and pay.
Even the sample data
boxes here are misleading. Look at the first data box.
The red time elapsed at the beginning of the violation reads "R 072." That
would be 7.2 seconds. If you entered an intersection
7.2 seconds after the light turned red you would probably
be killed in a horrific wreck.
Why does Lockheed provide such an absurdly long time
in their sample when the actual times recorded are usually
no longer than 1.5 seconds and can be as low as .2 seconds?
They do this to confuse you. If you compared the time
in your citation photo boxes to their sample box, your times would not
make any sense. You might then incorrectly interpret your time of R 002 as
two seconds instead of only two-tenths of a second. The
less you understand about this data, the better chance
they have of you paying a $346 fine without disputing their version
of events.
Lockheed
Martin provides just enough information here to confuse
you but not enough to illuminate exactly how all these
formulas and data apply to your case. If you did understand
how to use this information, and you were alleged to have been in red
for a second or less in the first picture (1st data box) you might be
able to prove that you were crossing the limit line on yellow and therefore
not in violation
Our document library provides
a fully "proofed" calculation
of the data box information for an automated enforcement
citation. It also has a blank calculation sheet that
you can employ to correctly calculate your position in
the intersection at the time of the first photo.

Ticket Assassin:
The San Diego Police Department and City of San Diego
have not installed any Red Light Cameras. However, Lockheed
Martin IMS, a defense contractor turned corporate privateer,
has installed sixteen of these cameras in San Diego and
will install an additional sixteen by the end of this
year. Their expertise in spying on the Soviets is now being turned inward on
the citizens of our fair state. The "enhanced" red light fine of $346
contains a $148 bounty that Lockheed splits with the City of San Diego.
The most dangerous intersections in San Diego are located
in low-income neighborhoods. Of the twenty most dangerous
intersections in San Diego (based on number of accidents),
only two have been fitted with red light cameras. The
rest have been installed at much safer intersections
in well-off neighborhoods where residents can better afford to pay a
$346 fine.

Ticket Assassin:
Supporters of automated enforcement claim that their
revenue cyborgs are popular with the public. If they
are so popular, why are they housed in bullet-resistant
casings? I'm not nearly as popular as they claim these
machines are, but I'm not worried about people shooting
at me.

Ticket Assassin:
If any part of your car is crossing
the limit line and the light is still yellow, you are not running a red
light, regardless of the subsequent red as you cross
the intersection. The sensors that trigger the camera
are in front of the limit line, giving the system time
to also photograph cars legally crossing the limit line
on yellow. In this way, you can trigger the camera, and
receive a red light citation, even though you
may have legally crossed the limit line on yellow.

Ticket Assassin:
Only 8% of photographed motorists
were actually cited in San Francisco's initial installation
of red light cameras. Today, up to two-thirds of driver's photographed
state wide are never mailed a citation. Why? According
to a spokesman for the SDPD, up to two-thirds of the
photos taken are not "clear cut violations."

Ticket Assassin:
If automated enforcement is so accurate,
why are two technicians needed to interpret the information? It's
probably because the raw data does not necessarily prove
that you ran a red light. The data still has to be interpreted by
technicians, technicians whose employer is only paid
if you are determined to be "guilty." These technicians are never present
at trial for you to cross examine. The right to cross
examine witnesses against you is fundamental to due process
but denied in automated enforcement cases.

Ticket Assassin:
Again, the rhetoric here refers to
the cited motorist as a "violator," not as
an alleged violator. Guilt or innocence is supposed to
be determined in court as a process of law, not in advance
of any hearing, as the rhetoric here implies. In automated
enforcement cases, once an anonymous corporate technician
decides you're guilty, and a police officer rubber-stamps
this determination by signing the citation, you are well
on your way to being railroaded.
In reality, the citation
is not being mailed to a "violator" or even
an "alleged
violator" but to the registered owner of the vehicle. The ultimate weakness
of automated enforcement is that you are never properly
identified or made to sign a promise to appear in court,
as you are when cited by a police officer. The government's
ability to punish those who completely ignore their automated
citations is severely limited by this fact.
|