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Iowa Court Green Lights Use Of Traffic Cameras Save Email Print
Ruling states cameras don't violate defendant's rights
Posted: 6:58 PM Aug 29, 2008
Last Updated: 6:58 PM Aug 29, 2008
Email Address: sixonline@wowt.com

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The Iowa Supreme Court Friday upheld the city of Davenport's use of traffic cameras to catch speeders and drivers who run red lights.

In a split ruling, the court decided the cameras do not violate the defendant's right to due process. The ruling involved the case of a man who challenged the city's ordinance, which authorized the use of cameras and sensors to catch motorists who violate traffic laws.

Thomas Seymour received a citation in 2006 after a camera recorded him traveling 49 mph in a 35 mph zone. He received a $60 ticket in the mail and claimed he was denied his rights to due process.

At issue was whether the city had the authority to implement such an ordinance, which penalizes the owner of the vehicle and not necessarily the driver.

The American Civil Liberties Union of Iowa filed a motion to dismiss the ticket. A Scott County judge rejected the group's arguments and so did an appeals court judge. That prompted the ACLU to request that the Supreme Court review the case.

Seymour argued that Davenport's ordinance conflicted with state law, but the court ruled the state law authorizes cities to establish traffic laws and does not prohibit cities from using traffic cameras to enforce those laws.

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Posted by: Stunt Man Mike on Sep 2, 2008 at 10:44 AM
Props Kent, right on the money!

Posted by: Kent on Aug 31, 2008 at 10:58 PM
Charlie, you are using rhetoric without logic, which is similar to using cameras without due process. Rather than argue fruitlessly with your entrenched mind, I'll remind you of a few facts. First, a camera doesn't pull you over. I hope we agree on that. Second, a camera doesn't check your ID or other documents. Third, Davenport uses the camera's evidence to cite the car's owner, even if the owner was not the driver at the time. Fourth, the owner is not allowed to appeal based on not being the driver. Davenport uses the non-logic: You're the owner; you must have been the driver. Iowa automatically convicts the owner, whether guilty or not. It's like automatically convicting you of murder, because a murder happened in your house. Non-logic: You own the house; you must be the murderer. Would you fight that murder conviction? Do you now see how Iowa is violating due process of law? If not, you must be an Iowa Supreme Court judge blinded by money. (P.S. See Keith's post from yesterday.)

Posted by: Keith on Aug 30, 2008 at 11:48 PM
IOWA HAS PROVEN IT'S MORE INTERESTED IN COLLECTING FINES THAN PURSUING JUSTICE. Basically, the court is saying if you loan your car to someone, you are responsible for the actions of the driver. If you don't pay the fine, your license can be suspended for someone else's offense. If you pay, then it's your responsibility to wring the money out of the "friend" who borrowed your car.

Posted by: Anonymous on Aug 30, 2008 at 01:04 PM
Maybe if a few more people pay attention to the laws, then we could get rid of some of the monitoring tools. Techonology is a good thing, and maybe someday it might save a life.

Posted by: Charlie on Aug 30, 2008 at 12:47 PM
Speaking of Traffic Cameras.... Maybe Nebraska should change their laws so Omaha, Lincoln and other places can have them. Everyone knows that people in Omaha have a major problem with running RED Lights. Then when the camera takes care of it OPD can focus on more important things in the city.

Posted by: Charlie on Aug 30, 2008 at 12:45 PM
To Kent: If Seymour's right to due process was violated with the use of the cameras, then are your rights also violated when you get pulled over by a real cop who hands you the same ticket? No, they aren't. The camera is just a silent witness, just like a cop, but not silent. The camera takes the picture issues a statement you get it in the mail, you sign it and pay the fine or take it to court and fight it. I know this because I have been through it. By the way, Kent, you have to do the same thing when an officer pulls you over, except you sign it right in front of him. So, where are your due process rights violated in this whole thing?

Posted by: Todd on Aug 30, 2008 at 09:58 AM
Red light cameras are just money machines for cities and states. What would stop cameras being installed to catch and automatically fine jaywalkers, people who litter, and those who don't clean up after their dogs. This is just big brother for the financial benefit of municipalities and these judges condone it.

Posted by: cj on Aug 30, 2008 at 09:45 AM
In germany the cameras take a picture of both the driver and thelicense. This would be a fair way to do it because if your husband/wife/child were driving the car and got the camera pix then you can challenge the ticket issued in YOUR name (if you are the registered owner of the car). Not sure how Judge Judy would rule but I think she would say the driver of the car should pay the ticket. At least the count down lets you know when the light is going to yellow. Maybe that should be mandatory on all lights not just the ones with cameras. It lets you know if you can safely go thru the green light.

Posted by: M on Aug 30, 2008 at 08:10 AM
I think Omaha should get traffic cameras. I see many drivers run red lights numerous times during the day-I think it would make people think twice about disobeying the laws and possible avoid accidents that occur due to someone running a red light. I don't see it as a violation of anyone's rights-I would rather have that, then some person running a red light, hit my car and injure one of my kids.

Posted by: Obed on Aug 30, 2008 at 01:39 AM
With the number of red light and stop sign runners I have seen recently I would prefer stronger law enforcement over red light cameras. A reckless driver should be personally held accountable for their actions. Including suspension of their drivers license.

Posted by: Kent on Aug 29, 2008 at 11:18 PM
The issue isn't whether traffic laws allow cities to use traffic cameras. The issue is how the traffic cameras are used in enforcing those laws. Davenport did violate Thomas Seymour's rights to due process. It's another victory for Big Brother!

Posted by: concerned Iowian on Aug 29, 2008 at 08:53 PM
all you have to do is obey the law. what was his reason for speeding, He had to use the restroom? house on Fire? medical emergancy? If if was your child that was speeding, I say he lost the keys for a good while.

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