What is your opinion on the use of automated enforcement systems to detect and record traffic violations?

Question

Does the use of such a system comport with constitutional requirements? Why or why not?

Answer 1

Well that depends. Who are you giving the ticket to? The driver or the owner of the vehicle?

Lets say I barrow my girlfriend's car and I run a red light that is caught by the automated cameras. 5 days later she gets a ticket in the mail. Is it justified? Certainly, if they ticketed me; but not if they expect her to pay for my misdeed.

Answer 2

The main issue that has been brought up here in Minnesota (my home state) is the fact that one cannot prove who the driver of the vehicle is from a picture of the license plate. Under state law, only the driver of the vehicle, not the owner of the vehicle, is responsible for moving violations, thus our state supreme court put an end to the use of automated enforcement in the Twin Cities. Essentially it is up to the Legislature to change state law to make the owner of the vehicle responsible for moving violations done by a driver of their vehicle.

I don't think there is any problem at the Federal level. I see no violation of the United States Constitution from such enforcement techniques.

In my personal opinion, the owner of the vehicle should be held responsible for the actions of anyone who they allow to drive their vehicle. State law here in Minnesota currently does not allow that.

Answer 3

Yes it does. You do not have the right to drive. You have the privilege, which you pay for. You must comply with the laws in order to keep driving. Also, the government may do so under the Necessary and Proper clause of the Constitution, among other things. While humans are frequently unclear about events when things finally get to trial, electronic monitoring (especially video) remains clear as a bell. Electronic monitoring also removes prejudice. One can't claim the cops pulled her over and ticketed her just because she's Hispanic, etc.