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  1. Steerpike
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    Steerpike Felis amatus Supporter Contributor

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    Red light cameras unconstitutional in missouri

    Discussion in 'Debate Room' started by Steerpike, Aug 18, 2015.

    I've always had a problem with how Missouri, at least, handles red light camera, and have hoped someone would take this up in the courts. My problem was that the State shifted the burden of proof to the vehicle owner, and under the Constitution the burden of proof rests with the State. That's at least part of the reason they've now been found Unconstitutional here:

    http://www.courts.mo.gov/file.jsp?id=90869

    What do you guys think of such cameras? Do they reduce accidents or are they primarily a revenue stream? Missouri may well come back with a modified statute to try to get around some of the deficiencies pointed out in this case.
     
  2. ChickenFreak
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    ChickenFreak Contributing Member Contributor

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    I think that they reduce accidents, and they're a good thing, but that this decision was right. The burden of proof should be on the State. I'm undecided as to exactly how stringent that proof should be, or whether it's perhaps reasonable to make the car owner responsible for a civil fine based on their car's "actions"--similar to the way that you don't have to prove who was driving the car for a parking ticket, right?
     
  3. Steerpike
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    Steerpike Felis amatus Supporter Contributor

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    Yeah, something like that might work, though I think given the ramifications of a moving violation it might be harder to justify. Perhaps a simple thing to do would be to have cameras at intersections take photos not only of the vehicle license plate but also of the driver. Some places do this, but part of th problem with a lot of places in MO is that they only got the license plate and the ticket was sent to the registered owner.
     
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    ChickenFreak Contributing Member Contributor

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    My theory is that it wouldn't even be a moving violation, just a fine, like a parking fine. It would still be a revenue stream and a counter-motivator, and I think that it's fairly reasonable to argue that if you loan someone your car, you're responsible for civil fines incurred by the car.

    I have no idea whether my theory would work. :)
     
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