House Bill 1442, which is before the Virginia General Assembly, proposes adding a section to the Virginia Code that would allow law-enforcement agencies and localities to set up “photo speed monitoring devices” at school crossing zones and highway work zones. These devices automatically measure the speed of vehicles passing through these zones and take a photograph, video or other recorded image of the vehicle. If the device determines that the vehicle was exceeding the speed limit for the zone by more than 10 miles per hour, the owner of the vehicle can be cited and fined. Based solely on data recorded by the device, a summons for committing a speeding offense can be issued to the owner of the vehicle. The owner would be determined using the image of the vehicle’s license plate as captured by the photo speed monitoring device.
In its letter to Virginia’s Senate Finance and Appropriations Committee, The Rutherford Institute warns against the overtly negative legal and constitutional ramifications of HB 1442, namely that it establishes procedures for proving speeding violations that are contrary to accepted legal standards that normally apply when the government charges a person with an offense. Specifically, HB 1442’s mandatory presumption of guilt offends standards of due process; its assumption about driver identity is insufficient for imposing a fine; its systemic delays in issuing notice of violation hinders drivers’ ability to challenge charges; and it wholly eliminates any requirement that the speed detection equipment used was accurate and reliable for that purpose.
Moreover, the Institute warns that these speed cameras will not only provide the government with yet another tool for tracking the movements and activities of citizens of drivers in school and work zones, while doing little to ensure traffic safety, they will also add to the government’s already burgeoning arsenal of surveillance devices, including the already omnipresent license plate readers, which it employs ad hoc to invade the citizenry’s privacy and erode their fundamental right to be free from unreasonable searches and seizures by the government.
The Rutherford Institute’s letter in opposition to House Bill 1442 is available at www.rutherford.org.
The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been violated and educates the public about threats to their freedoms.
Source: https://bit.ly/37SZyuw
|