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Speed Camera Legislation To Affect Montgomery County

 

I'm not a blogger by nature, most of the time I don't think others want to hear what I have to say but I believe this is one time that they might.

As any driver is probably already aware of this, Maryland has a speed camera program in Montgomery County and a lot of other counties/municipalities in the state. There are three bills that are being heard by committees from legislators in Annapolis.

These bills are being heard by committees on Friday, March 9 and I would encourage everyone to come and voice your opinion about each bill.

I would encourage everyone to read the specifics for themselves, but here is a short synopsis of each:

HB1044 - to enforce local counties and municipalities to recognize constitutional due process and allow ticket recipients to challenge their ticket in a court of law, including asking to see calibration records and being able to use the photographs as evidence of innocence. This is necessary because some courts have adopted the position that the photograph can only be used to convict, but not to exonerate. In short this bill is to force the innocent until proven guilty mentality that our country was built on.

HB944 - removes the state oversight of ticket reviewing. Each citation is currently reviewed by a public servant and determined whether the tag is legible, whether there is only one moving vehicle in the picture and not a second that could be at fault, etc. HB944 seeks to remove this responsibility from the state and give it to the camera manufacturer. The problem with this, is that it is a conflict of interest between the entity that judges whether a violation is valid and the entity that receives profit from when a violation is valid, because they are one in the same.

HB857 - this bill exempts police offers from receiving speed camera tickets, including when they are not responding to an emergency. The problem with this bill is that it says police officers are above the law, as they can break the law without recourse, while the rest of us would receive the ticket/fine if we did the exact same action. This should anger everyone.

If you cannot make it to Annapolis, you can show your support for the constitutional right do being able to fight the ticket if you are innocent (due process) by signing this petition.

Speed cameras should be used as safety devices, and they should be held to the same constitutional laws that an officer issue speeding ticket is held to.

MocoLoco

2:19 pm on Tuesday, March 6, 2012

How can a picture of the car exonerate the driver? I thought the picture was largely to capture the license plate, plus a confirmation of vehicle make/model.

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Brad Smith

2:58 pm on Tuesday, March 6, 2012

Hi MocoLoco,

That is a good question, I should have been more specific and answered that originally.

There have been cases where the camera is out of calibration. As you may or may not know, the camera takes a picture with a time stamp at a certain position on the road, and a second picture with a second time stamp at another position on the road. Defendants who knew they were not going the speed that was listed in the citation have went back and measured the actual distance and based on the pictures and extracted the elapsed time from those same pictures, and then have calculated their exact mile per hour speed to the thousandth of a mph. There were times where their calculated speed was just barely under the allotted "cushion" and times where it was grossly under the allotted cushion, but in either case the defendant is considered innocent by law until they breech that cushion. To say this evidence is inadmissible is unfair and against an individuals due process guaranteed by the constitution.

If you can figure out feet per second from the pictures, which with a measuring tape this is possible, you can then calculate miles per hour.

MocoLoco

3:26 pm on Tuesday, March 6, 2012

That sounds a little fishy to me. If I'm going 30 mph, I am going 44 feet per second. If the time stamp is to the nearest second, then 44 feet is the margin of error. If I am going 42 mph, then I would have traveled 62 feet during that same second, instead of 44 feet. But, since the time (I am assuming here) is measured in whole seconds, there is a margin of error that is exceeds this by a factor of three.

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Jeff Hawkins

3:50 pm on Tuesday, March 6, 2012

@MocoLoco
You lost me after the word "fishy" :))

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Brad Smith

6:06 pm on Tuesday, March 6, 2012

MocoLoco,

It's one thing to ask questions, and to even have a differing opinion which is welcome. It's another thing to imply that I am being deceitful and then post some math based on assumptions that aren't even factual. I have nothing to gain if I were to not tell the truth.

The camera pictures have a time stamp using tenths of a second, so it will read HH:MM:SS:T, the T being tenths of a second. This is something you could have researched on your own, before posting actually.

Anyway, to make sure you don't make any other incorrect assumptions, I am posting a picture of a Maryland speed camera citation with a truck that was doing a mathematically calculated 38.63mph, and not the 50mph (in a 35mph zone) listed in the citation. Before you speculate incorrectly any further, here is the citation so that you can see what they look like.

http://img820.imageshack.us/img820/8744/speedcameraerror3.jpg

As stated earlier, differing opinions are welcome, non fact based math and implications that others are lying are not.

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MocoLoco

9:57 pm on Tuesday, March 6, 2012

I'm not saying that you are deceitful at all. Sorry if that's how I came across. What I'm saying is that the time measurement period is too short. If the time shows 52.3 to 52.6, that could mean 0.3 seconds have elapsed. But, it could also mean that only 0.2 seconds have elapsed (52.35, rounded down to 52.3; and 52.55, rounded up to 52.6) If only 0.2 seconds elapsed, and using the same math, that truck would be travelling 57 mph.

RM3051

9:11 pm on Tuesday, March 6, 2012

WOW... do you see that VW Beatle? It's not even in the first picture; so if that truck was going 50 it must have been doing well over 100 MPH!

NOTE: This example is exactly why I'm signing the petition. You should not allow a company to validate it's own equipment and then get 40% of the profits; it's a conflict of interest. Could you imagine of State Troopers got $25 bucks for every citation they issued?

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Bubba

11:04 pm on Tuesday, March 6, 2012

The Beatle could very well be doing the same speed, or be going slightly faster than the truck. If it was just slighly behind the the right rearview mirror it wouldn't show up in the first picture. Hard to tell if it moved that much forward from the first picture. Of course, without other pictures it may very well have been going 100 MPH.

Bubba

10:54 pm on Tuesday, March 6, 2012

I think you totally misrepresented HB857. It does not say "police officers" are exempt. It says "law enforcement" vehicles are exempt.

I don't necesarily agree with the premise. But, do remember, it is the owner of the vehicle that is responsible for the ticket, not the driver. In this case it would mean the county would have to pay the fine.

I'd rather a bill saying police officers will be responsible to pay these bills. But, as long as there is an FOP there is no chance of that ever happening.

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Brad Smith

11:58 pm on Tuesday, March 6, 2012

Actually it is the driver of the vehicle that is ultimately responsible for the ticket per state law, this does not differ from county to county.

http://www.baltimorecountymd.gov/Agencies/police/speedcameras/speedfaqs.html#anchor12

If you are not driving the vehicle and you go to court and swear under oath, as well as provide the name and address of the person that was driving (under oath still) then you are found not guilty. By saying law enforcement vehicles are exempt, it means the drivers of law enforcement vehicles ... and although I am sure there are circumstances where someone other than a sworn in police officer could be driving a "law enforcement vehicle", 98% of the time it'll be a police officer. I don't feel that is misrepresenting anything, and I don't believe you will now that you are aware the final responsibility lies on the actual driver.

Officers are currently liable for the tickets. By liable, I don't necessarily mean they are writing the checks to pay for them, but if they get an amount of speed camera tickets outside of the 'norm', whatever that is, their commander can and will penalize them in one way or the other. This is straight from an officers mouth, although you are welcome to ask any officer you know to verify.

I believe we agree that police officers should be held to the laws they are sworn to uphold.

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Bubba

8:25 am on Wednesday, March 7, 2012

You may ulitmately be right that the owner can be found not guilty. However, from your link it reads:
"The law provides that the registered owner must provide a signed affidavit that states they were not operating the vehicle at the time of the violation and provide the name, address and, if possible, the driver’s license identification number of the person who was driving at time of the violation. The police have the discretion to then forward the citation notice to the person identified by the registered owner."

I don't see that this frees the owner of the fee, nor does it say the driver will then be responsible for the fee. What happens if every time I get one of those tickets and I claim, say, Brad Smith, was driving my vehicle?

Daniel Grossberg

8:45 am on Wednesday, March 7, 2012

Very informative Brad. It sounds like we should be for the first bill and against the second... the way legislation works it's sometimes hard to tell...

I'd be interested to know which of our Montgomery County delegation support special treatment for cops or deliberately creating a conflict of interest for the vendor. I'd also like to know who is for suppressing evidence that might exonerate an individual.

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Brad Smith

9:46 am on Wednesday, March 7, 2012

Daniel. Yes, I would imagine that anyone that was not a policeman and not an entity that profited from the cameras, would be for the first bill (protecting due process) and against the second bill (which exempts police officers from the law).

Knowing MC, they are very interested in revenue and deliberately turn a blind eye to the conflict of interest. I do know that it has been pointed out to them.

Here is an example of PG County telling defendants that evidence is inadmissible, I don't know if all jurisdictions are doing this, but if the people sit back idly and do nothing, I can guarantee they would all follow suit.
http://www.thenewspaper.com/news/36/3645.asp

It's really a much bigger deal then people are giving it credit for. Liberties and freedoms are almost never taken away quickly, they are eroded away slowly and that is what is happening here.

Brad Smith

9:40 am on Wednesday, March 7, 2012

@MocoLoco
We can only go by what the picture says, whether it rounds up or down we can only use the evidence presented. It's not going to round up from 2.1 or 2.4, so even if it rounded up in the best case scenario for the camera company (2.5) the speed is still wrong by 4mph and that's a bare minimum. I didn't design the circuitry and write the firmware, so I don't know if it rounds at all, or maybe truncates, or how it handles floating point decimals. At this point it doesn't matter, because we go by the evidence in the picture which exonerates the driver.

@Bubba It does free the owner of the car if they aren't driving. The part specifically saying "The police have the discretion to then forward the citation notice to the person identified by the registered owner" should clue you in to that. You can't charge 2 people with the same "crime" that only one person can be responsible for. You are right, you could keep saying that I was driving the car, but if I dispute it and say that wasn't true or if it happens too many times you could be investigated for contempt and lying under oath, which aren't just $40 fines. You can't outsmart the law.

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Bubba

10:53 am on Wednesday, March 7, 2012

@Brad - I looked at the Montgomery County site for clarification - http://www.montgomerycountymd.gov/poltmpl.asp?url=/content/pol/districts/FSB/sod/speed/redlightCameras.asp

"What if the registered vehicle owner was not driving the vehicle?
According to Maryland State law, the registered vehicle owner is responsible for the citation. However, if the driver is willing to pay the fine no points will be assessed to the vehicle owner. However, the vehicle owner may request a court date and provide the court with the actual driver of the vehicles full name and address. The judge may or may not transfer the citation to the driver. Ultimately, the vehicle owner is responsible for the citation if the fine is unpaid."

I could be reading this wrong, but it seems that even if the citation is sent to the driver, it is still the owner of the vehicle who is responsible for the fine. So, if a police officer does get sent a citation and decides not to pay it, it is the county that must pay the fine.

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Brad Smith

11:28 am on Wednesday, March 7, 2012

The second link below is also in Montgomery county, and I believe this will clear things up for you, scroll down to the part of the page that says "How do I know if I am able to Transfer liability of my Speed Citation?" . I'm sure there is no confusion in the definition of "transfer of liability", but if there is, there is not much else I can do to explain it. For discussions sake, here is the legal definition of "liability":

http://dictionary.law.com/Default.aspx?selected=1151

I can tell you that I have taken time to observe a speed camera hearing in person, and I saw a parent who brought their adult child in to accept the 'transfer of liability', the parent was exonerated and the adult child accepted liability. Note that you do not have to have the person with you to do this, as the law states it requires name and address etc etc, that's just what I observed.

http://www.rockvillemd.gov/police/speedcamera-faq.html (scroll about 2/3rds of the way down)

The Montgomery County site you cited is also adding something that is not in the law, with that last sentence, and used fear mongering. I believe you would agree the final say should be the site of the entity that made the law, the State of Maryland. (see the link below)

http://safezones.maryland.gov/faqs.html#q17

If you are still not sure, hopefully you will take my word that I have seen this first hand in person, if not I'm sorry but I am not sure what additional facts I can present to you, to convince you.

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Bubba

2:33 pm on Wednesday, March 7, 2012

It does seem there are conflicting accounts from different government entities.

I don't quite understand why a parent would bring their kid into court to transfer liability. Why didn't the parent just tell the kid he had to pay the bill? As far as I know, insurance isn't informed and it is just a simple fee.

There were several articles in the gazette a few years ago about Montgomery County police officers getting speed camera tickets while on duty, but not for an emergency. The county tried to stick the cost to the officers who, by and large, refused to pay the fee. I don't recall the end of the fuss, but it seemed the union won the war.

Maybe cops are getting speed camera tickets while on duty and actually paying them. Somehow I doubt that is happening.

Richard Rice

11:21 am on Wednesday, March 7, 2012

I have no problem with the speed cameras. I believe that as a driver in
Montgomery County, anywhere in the state or in a different area of the country it is my responsibility to obey the speed limit, especially in residential
areas.

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Brad Smith

12:07 pm on Wednesday, March 7, 2012

Hi Richard,

I'm guessing you didn't read my blog, because that isn't what these bills or this blog is about. Please read the blog.

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Brigitta Mullican

5:08 pm on Thursday, March 8, 2012

Richard I tried to challenge calibration records of one of my speed tickets where I couldn't possibly have gone as fast as the speed the camera showed. Because the representative of the company in court stated the camera was calibrated correctly, my case was not considered otherwise. Why would the company admit the machine could be wrong? If I was speeding, yes I take responsibility. To this day, I still believe the camera was wrong on my tickets for speeding in front of Rockville High school (5:52 a.m.). I made a left turn from Twinbrook Parkway onto Baltimore Road. It was not a school day.

Brad Smith

10:09 pm on Thursday, March 8, 2012

Hi Brigitta,
I'm sorry to hear about your frustrating case with the camera. Do you still have the pictures? Is there any way to do a time/distance calculation to try and disprove the ticket. I understand as far as a legal matter it is long over, but this might at least be able to put your heart at rest one way or the other.
Have you seen the bills? The 1044 bill is designed to help eliminate miscalculations and wrongful prosecution of violations when the camera is out of calibration.

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lilkunta

5:37 am on Friday, March 16, 2012

Brad, Hello. If i give you the information from my ticket could you calculate for me?

alez zhang

8:20 pm on Thursday, March 15, 2012

Hi Brigitta,
My condolence. May I ask how much the court fee is? I got a citation from the speed camera at New Hampshire Ave. After examining the photos, I dare to challenge the citation. Wish me luck and will report back the result in weeks.

Alex

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