running red light? lawyer or no lawyer

Discussion in 'Trucker Legal Advice' started by thesvg, Mar 1, 2012.

  1. MNdriver

    MNdriver Road Train Member

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    fight it on the fact it's a violation of your 4th amendment rights to "Due process".

    How can you face your accuser when it's a camera?
     
    LBZ Thanks this.
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  3. MNdriver

    MNdriver Road Train Member

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    Minnesota has declared that red light camera's ARE un-constitutional so there is actually a rather large amount of precedence for that argument.
     
  4. Typhoid36

    Typhoid36 Light Load Member

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    Arguing with a GPS won't be a legitimate excuse. Next time, if you know where you need to go then ignore the GPS. It'll eventually reroute itself.
     
  5. LBZ

    LBZ Road Train Member

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    Yeah, being an idiot probably wouldn't be a legitimate argument. ;) Probably even has been tried in the past.

    Just stated it on here as it is what happened. Just north of Jefferson, TX on 59 it goes nuts because somewhere in the programming it thinks there is a low over head or small bridge & wants to re route around it. It is a Garmin 465T, the truck version. Anyway, thought it was doing the same thing, but had been a year or so since I had been down that route. That area on 59 is the only real place I have had a issue with that thing.

    Not sure how to work the due process angle. Going to call OOIDA in a bit to see what their recommendation is, will post that up too.
     
  6. LBZ

    LBZ Road Train Member

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    OOIDA told me to call Road Law @ 1 888 276 8000. Road Law said it is just a money grab & how can a camera give you a ticket. Told me to call back if it shows up on my MVR, they did not think it would. So will go run that tomorrow.
     
  7. loud2ns

    loud2ns Bobtail Member

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    How do they KNOW that it was you driving......the burden of proof is on the prosecution not the defendant. I'd fight>>>
     
  8. Typhoid36

    Typhoid36 Light Load Member

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    It's a CMV, not a personal car. They can contact the company.
     
  9. LBZ

    LBZ Road Train Member

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    Yeah, I own the truck so, unless I claim it was stolen on THAT day...:biggrin_255:

    Read all the small print that came with it & pretty much donate to their city by X date & they will not report it on your record.
     
  10. MNdriver

    MNdriver Road Train Member

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    Dassel MN had a police department that would do that with speeding tickets they would trump up. Pay $160 to the city and it won't go on your record or pay the state and it will.

    It got fought and the State's attorney General stepped in and basically they are shut down.

    Within about 6 months of that going to court, the city disbanded the police department and contracted with the county sheriff.
     
  11. thesvg

    thesvg Light Load Member

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    Quick update to my case..... Went to court, talked to the Prosecutor, and a Majistrate both were reluctant and offered no bargain. I even said I'd pay double the fine for no points.... I was insistant on the light not being properly timed for the whole section of Highway.

    Anyhow done some research, lucky me!. I found someone that works on the inside, who gave me an engineering manual. So after a bit of reading the yellow light indeed is/was malfunctioning! A light that is not adequately timed for drivers reaction time, and road conditions is considered malfunctioning.

    With that said, I found out the Cop was shoving down a hotdog down his throat at a gas station across the divided highway facing the opposite way from where I was going. The manager who works there is a very good friend of mine, and the whole conversation came up, when I was having lunch with her. :) So Im trying to get a few seconds of their surveillance video. He obviously paid attention when I honked, and thought he was going to get an easy case.

    The Clerks gave me the latest date as possible, they also tried to scare me saying that I had no chance of winning just like some of you! :p, and that I was going to pay court costs and my downtime. :), I really dont care about the downtime, I enjoy going down to the courthouse watching all those lame ducks coming up with excuses why they cant come up with the money to pay for tickets LOL :p, that, and you do come across a sexy pair of legs every now and then.
     
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