Local Guy using 6th Amendment to fight Traffipax "radar camera" ticket

[ohio_liberal]

I read this local story this morning and am wondering what you all think about it.

Jefferson Man Plans To Use Constitution To Fight Traffic Ticket

STEUBENVILLE, OH -- Just as the City of Steubenville prepares to install more traffic cameras around the city, a Jefferson County man says he's ready to fight.

Mark Petrozzi got busted by Steubenville's Traffipax radar camera several weeks ago.

(snip...)


"The 6th amendment gives you the right to confront your accuser in court and how do you confront a camera," says Petrozzi. "You can't."

(snip...)

Petrozzi says no matter how closely you look, the picture can't prove he was the one behind the wheel on Route 7.


http://www.wtov9.com/news/5300713/detail.html

The last sentence of the article states that lawmakers are looking into having a cop stationed at each of the cameras. That kind of defeats the purpose of the cameras. So do you think Mr. Petrozzi will win in court?

[400Years]

1. I hope he wins

I can't stand having cameras spying on everybody all the time.

It's so Orwellian.

[ohio_liberal]

2. The city keeps moving the camera around

I suppose to keep people guessing? It's the first of it's kind in the area, and it's pissing a lot of people off.

[MindPilot]

3. unfortunately--at least in my town--traffic law has become administrative

for a ticket, you no longer have a right to a jury, you just show up, an "official" pretends to listen to your excuse and then assesses a fine.

Very few traffic enforcement activities have any purpose beyond revenue enhancement.

On Edit: For good information on the subject, check the National Motorists association at http://www.motorists.org/

[ohio_liberal]

4. Yeah, this guy will have to go to the city's court, Mayor presiding

I don't know about his right to jury trial. There probably is none. But I'm wondering about his right to appeal. I think that would throw it in the county court system.

[Arianrhod]

5. Germany's been using traffic cameras for decades.

When I was stationed there, I actually grew to prefer that method of speed limit enforcement. No hick-town good-ole-boy sheriff hiding behind a billboard looking for out-of-town license plates. Police cruisers with more important things to do. I used to pass Polizei cars with impunity.

The system was as fair as an automated one could be, and that, to me, is the real question surrounding Ohio's law. In Germany, if you could prove that it wasn't you behind the wheel, then the fine was dropped. The law also held out for a 3kph cushion, to allow for speedometer discrepancies--and they subtracted that 3k from the registered speed on the camera. Moreover, most of the time the existence of the cameras was publicly posted--even the mobile ones. The local paper would report where the cameras would be each week. Personally, I see nothing wrong with this practice at all.

Whether the US will institute such a reasonable system is, of course, still to be determined.

[ohio_liberal]

6. Well, there's one issue right there

In Germany, if you could prove that it wasn't you behind the wheel, then the fine was dropped.

One can argue that the city of Steubenville has to prove that the man in question was actually the one driving, not that the alleged offender has to prove his innocence. He says that the photo is inconclusive but there's no one to confront in court.

[Arianrhod]

12. That's kind of what I meant.

In Germany, you could always go to court. If the person in the photo wasn't you, then the case was dropped.

I'm not sure I trust Ohio to be as just. . . .

[Coventina]

7. I hope he wins. Traffic cameras are a scam. It's the insurance industry

and local governments in cahoots with each other.

The insurance companies buy the cameras for the city, and then the city gives the insurance company kickbacks on the traffic tickets.

[ohio_liberal]

8. That's certainly something to look into

I don't live in that county (I'm in the next one over) but I've heard stories about this camera in the news lately and I personally know someone who got a radar camera ticket recently. I'll have to ask some folks where exactly the camera came from and how it was purchased. Like I said upthread, it's the first of its kind in the Upper Ohio Valley.

edit: typo

[William769]

9. Heres a thought, Obey traffic laws.

[ohio_liberal]

10. That's very profound

;)

[Deja Q]

11. Constitutional issue... it's obvious who should win.

Then they'll cut more school and social service funding to hire more cops.

It's a no-win scenarion, but they'd do the former regardless.