Hwxmw Wrote:
-------------------------------------------------------
> The Washington Post had an interesting editorial
> last week that mentioned a little-known aspect of
> the red-light camera program in Alexandria,
> Virginia:
>
> As The Washington Times reported four years ago,
> state law says a private company may not simply
> drop a ticket in a mailbox and expect it to be
> considered valid service. Unless a driver receives
> a hand-delivered copy, the citation can be thrown
> away without consequence. Depriving Alexandria and
> its revenue-collecting partner of cash is the
> surest way to ensure this unsafe program
> disappears for good.
>
> The Washington Times article was referring to the
> previous red-light camera statute which expired
> when the red-light camera program sunsetted in
> 2005 after a report showed that they had a
> negative impact on driver safety.
>
>
>
> Fortunately for motorists, the new statute
> instituted in 2007 contains very similar language.
> Here’s the code requiring personal service of
> red-light camera tickets (emphasis added):
>
> 15.2-968.1. Use of photo-monitoring systems to
> enforce traffic light signals.
>
> G. A summons for a violation of this section may
> be executed pursuant to 19.2-76.2. Notwithstanding
> the provisions of 19.2-76, a summons for a
> violation of this section may be executed by
> mailing by first class mail a copy thereof to the
> owner, lessee, or renter of the vehicle. In the
> case of a vehicle owner, the copy shall be mailed
> to the address contained in the records of the
> Department of Motor Vehicles; in the case of a
> vehicle lessee or renter, the copy shall be mailed
> to the address contained in the records of the
> lessor or renter. Every such mailing shall
> include, in addition to the summons, a notice of
> (i) the summoned person’s ability to rebut the
> presumption that he was the operator of the
> vehicle at the time of the alleged violation
> through the filing of an affidavit as provided in
> subsection D and (ii) instructions for filing such
> affidavit, including the address to which the
> affidavit is to be sent. If the summoned person
> fails to appear on the date of return set out in
> the summons mailed pursuant to this section, the
> summons shall be executed in the manner set out in
> 19.2-76.3. No proceedings for contempt or arrest
> of a person summoned by mailing shall be
> instituted for failure to appear on the return
> date of the summons. Any summons executed for a
> violation of this section shall provide to the
> person summoned at least 60 business days from the
> mailing of the summons to inspect information
> collected by a traffic light signal violation
> monitoring system in connection with the
> violation.
>
> Here’s the code for 19.2-76.3 referenced above:
>
> 19.2-76.3. Failure to appear on return date for
> summons issued under 19.2-76.2.
>
> A. If any person fails to appear on the date of
> the return contained in the summons issued in
> accordance with 19.2-76.2, then a summons shall be
> delivered to the sheriff of the county, city or
> town for service on that person as set out in
> 8.01-296.
>
> B. If such person then fails to appear on the date
> of return as contained in the summons so issued, a
> summons shall be executed in the manner set out in
> 19.2-76.
>
> C. No proceedings for contempt or arrest of any
> person summoned under the provisions of this
> section shall be instituted unless such person has
> been personally served with a summons and has
> failed to appear on the return date contained
> therein.
>
> Other Articles You Might Like:
>
> City Of Scottsdale, Arizona Lies To Drivers To Get
> Their Money
> What To Do If You Lose Your Copy Of A Traffic
> Ticket
> Driver Convicted Of Speeding Without Ever
> Receiving Ticket
> Pinellas County Clerk of the Circuit Court
> Fighting a Moving Violation on Your Own
> Essentially it’s saying that they can attempt to
> mail you a ticket, but if that doesn’t work they
> have to hand-deliver it in order for the ticket to
> be valid.
>
> This excerpt from the 2005 final report on
> Virginia’s ticket camera program sums it up
> pretty nicely (note that this is in reference to
> the previous ticket camera statute — emphasis
> added):
>
> Thus, under Virginia’s red light camera statute
> as it is now worded, the mere mailing of a
> citation without personal service by a law
> enforcement officer does not constitute sufficient
> notice under the statute’s own terms. While the
> statute permits the jurisdiction to make the
> initial attempt to summon the accused to court via
> mail, if that person fails to respond, he or she
> is not considered to have been satisfactorily
> served with notice. Default judgments entered
> under such circumstances (when the defendant fails
> to appear in court on the appointed return date)
> would thus not be binding, and the defendant could
> not be charged with contempt for failing to comply
> with such a judgment. Hence, despite its ostensive
> distancing from the requirements of Va. Code Ann.
> § 19.2-76, Virginia’s red light camera statute
> comes full circle and, in the end, requires
> personal service before a default judgment may be
> entered against no-shows.
>
> Personal service on all violators is obviously an
> expensive proposition, involving many staff hours
> of time, and would defeat one of the primary
> motivating factors for employing automated
> detection systems in the first place: a reduction
> in the number of live officers required to enforce
> red light laws. (Even the “nail and mail”
> approach would involve more time, money, and
> effort than some people would view as warranted
> relative to the nature of the offense.) Thus,
> unless a jurisdiction is willing to devote
> resources to implementing extensive in-hand
> service, citations mailed for red light camera
> violations become essentially unenforceable. The
> average citizen is probably not aware of this
> loophole, but if word got out on a widespread
> basis, such knowledge could completely undermine
> the effectiveness of entire red light camera
> programs, as citations issued to violators would
> lose their practical impact.
>
> - See more at:
>
http://blog.motorists.org/toss-your-virginia-red-l
> ight-camera-ticket/#sthash.ux4UEaUq.dpuf
>
> I have received junk mail from entities claiming
> my vehicle was photographed violating red light
> laws and a collection company has contacted me
> claiming I owe some fine due to an alleged red
> light violation. I have never been served a
> citation under VA law. When and if they do I will
> contest same as I have a perfect driving record
> and do not run red lights ever. I stop for yellow
> lights if I am not already past the stop line ( or
> very near it).
>
> It is a scam. If a police officer cites you you
> get immediate notification and you get to face
> your accuser. A photo from a vendor paid per
> violation on a piece of your property does not
> afford you the ability to face anyone. Further
> all evidence is presented with the presumption of
> guilt not innocence. There is no chain of custody
> or protection of the 'evidence' it is simply
> assumed that a company paid on commission to
> accuse you is ethical and you are guilty.
>
> Fight it.
Nicely worded. Good to know. Thx
I've heard of legitimate right-on-red turns being a problem for cameras.