Armed Polite Society
Main Forums => The Roundtable => Topic started by: roo_ster on September 27, 2011, 07:29:50 AM
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http://www.thetruthaboutcars.com/2011/09/texas-red-light-camera-tickets-a-man-running-a-green-light/
(watch the video)
Cities that use automated ticketing machines at intersections routinely assert two things: The camera does not lie, and at least three humans review each citation before it is dropped in the mail. That did not happen in Port Lavaca, Texas. On September 12, Port Lavaca Police Sergeant Kelly Flood signed a ticket accusing Dale Price of running a red light and demanding he pay $75 by October 12, but the light was green.
“Based upon my review and inspection of the recorded images, I state that a violation of ordinance #S-1-08 did occur,” the ticket stated just above Flood’s signature. “I declare under penalty of perjury under the laws of the state of Texas the foregoing is true and correct.”
On September 6 at 12:04pm, Price drove his grey 2009 GMC pickup through the intersection of US 35 and Travis Street. He was making a left-hand turn, with turn signal active, at 17 MPH. According to the red light camera, the light had been red for more than a minute. According to the photographs (view first photo, view second photo), and the video evidence, the light remained green throughout his turn.
Why didn't I read about Sergeant Kelly Flood's indictment on perjury?
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Because he is a cop, and, like politicians and governmental leaders, they are never wrong.....
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I guess someone was caught rubber stamping tickets.
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I wonder, could the citizen file charges of perjury, or must they come from the state(supposedly the offended party in cases of perjury)? In other words, is it more like a contempt-of-court charge, just a hammer to wave over participants in a trial, to be used at judge's discretion?
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mens rea
they don't charge cort clerks who put wrong dates and names either
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Do you honestly not see the difference between a typo on a name or date, and swearing that images that you have reviewed show something they don't?
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In my industry, if you sign a contract with fed.gov stating that you will quality-check something or other...and you don;t and are caught, Really Bad Things happen to the company and some of its management.
But, I guess LEOs are not up to maintaining the professional standards practiced by our line production & QC employees.
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mens rea
they don't charge cort clerks who put wrong dates and names either
Those are generally treated as scrivner's errors (http://en.wikipedia.org/wiki/Clerical_error), depending on the word/date/document.
However this is an affivadit attesting that you did in fact review the evidence and that the ordinance had been violated and ticket this issued for said violation.
If the city wants to play the red light camera game. Then go play the redlight camera game. Or they'll be at every intersection like they are starting to show up in Chicago.
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I agree. If they are going to play the red light game, then hold their feet to the fire. I guess you could call the police station or prosecutor's office and ask about charges for someone who files a false affidavit. No reason to mention the exact circumstances or names. Since it is a police officer, you might need to file a complaint with the department as well or instead.
Then again, maybe the Sergeant is color blind. =D
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Green lights are generally the bottom light. Also, they're the brightest ...
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Green lights are generally the bottom light. Also, they're the brightest ...
Not everywhere :)
(https://armedpolitesociety.com/proxy.php?request=http%3A%2F%2Fupload.wikimedia.org%2Fwikipedia%2Fcommons%2Fthumb%2F3%2F37%2FTipperary_Hill_-_traffic_light_Syracuse%252C_New_York.jpg%2F800px-Tipperary_Hill_-_traffic_light_Syracuse%252C_New_York.jpg&hash=dfa4eba8b7b44c965509c17265f3782823afb15f) (http://en.wikipedia.org/wiki/File:Tipperary_Hill_-_traffic_light_Syracuse,_New_York.jpg)
When the city first installed traffic signal lights in 1925, manufactured by Crouse-Hinds Company of Syracuse, they placed one at a major intersection on Tipperary Hill at the corner of Tompkins Street and Milton Avenue. This was the main business district of the area.[1]
Local Irish youths, incensed that anyone would dare to put the "British" red above the "Irish" green, threw stones at the signal and broke the red light. The city replaced it, but the Irish soon threw more stones and broke the replacement.
John "Huckle" Ryan, then alderman of the Tipperary Hill section, requested that Tipperary Hill's first traffic signal be hung with the green above the red in deference to its Irish residents. This was done, but soon the State of New York stepped in with regulations. City officials reversed the colors. This despite assurances from local residents that what they were doing was "against nature and would never stand the test of time."
Once again, the red topped the green and officials noted that the signal light began to fail on a regular basis. The local press reported it "was the work of the Little People." Officials doubted this theory, but still were reported to have commented that the marksmanship of those responsible for shattering each red light they installed was "nothing short of miraculous." As fast as a red lens was replaced, it disintegrated.
A contingent of residents went to the city fathers including local businessmen John R. O'Reilley, Dinty Gilmartin, Jim Kernan, Dr. Raymond Devine, and Isadore Wichman. They were members of a group called Tipperary Hill Protective Association.
On March 17, 1928, Commissioner Bradley handled the meeting with the Tipp Hill residents. It was explained to him carefully, "Directing traffic's one thing, but an insult's another, and a thing like that on a day like this is an insult." When the commissioner did not quite get the point, it was explained to him carefully, "It's that light at Tompkins and Milton. If you don't do something about it at once, you won't have a light there tonight."
When the commissioner questioned what the problem with the light was, he was told, "Why, what do you think is the matter with it? Here it is St. Patrick's Day and darned if that light isn't flashing; first green, which is all right, and then orange, and then red. It's got to stop. I want to tell you this and I want you to get it straight and don't get excited about it. That light isn't going to stand there all day flashing its red and orange all over Tipperary Hill. Not while there's any stones on the hill."
My people.
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You may not be able to get a clown like that nailed for perjury, but you stand a good chance of succeeding with a malicious prosecution lawsuit. Basically that's saying if he actually reviewed the video he know there was no violation but went and issued the ticket anyhow, and if he didn't actually review the video but issued the ticket it was not because he is a lazy, stupid jerk but because he wanted to. (Unless, of course, you want to be exonerated in a multi-million dollar lawsuit because you are judicially found to be stupid http://caselaw.findlaw.com/us-4th-circuit/1075088.html )
stay safe.
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You may not be able to get a clown like that nailed for perjury, but you stand a good chance of succeeding with a malicious prosecution lawsuit. Basically that's saying if he actually reviewed the video he know there was no violation but went and issued the ticket anyhow, and if he didn't actually review the video but issued the ticket it was not because he is a lazy, stupid jerk but because he wanted to. (Unless, of course, you want to be exonerated in a multi-million dollar lawsuit because you are judicially found to be stupid http://caselaw.findlaw.com/us-4th-circuit/1075088.html )
stay safe.
Eh, reversal of an 80k award. Though I'm sure everyone on the P side started out with multi-million dollar dreams.
"Can then-Sergeant Bruce have been so stupid, so lazy, so inattentive, so tired, so burnt out to have done what he did?
Apparently he was."
Be sure not to be sent to prison in the 4th circuit... [North Carolina, Maryland, South Carolina, Virginia, and West Virginia].