When traffic enforcement cameras first appeared, they were something of a mystery to drivers. A white box mounted on a pole with a hole in it, with a large spotlight mounted next to it was the last thing they expected to see being installed next to a traffic light. Even more surprising was the first time drivers saw the spotlights flash suddenly as they went through a yellow light. Slowly we began to hear stories and realize that these were designed to catch drivers as they sped through red lights. By flashing a light to ensure quality and snapping a high resolution camera at the license place and windshield of the offending car, the city could then mail the driver a ticket in the mail for a traffic violation. These cameras would come to be expanded to catch speeders, restricted lane violators, and more. The controversy came quickly, as people received tickets for which they had never been served. Legal challenges began, and that is where we now find ourselves.
The issue with traffic enforcement cameras in the United States is one of the right to due process. Every person has a right to face their accuser and must verify that they have been notified of their violation. Simply mailing out a ticket does not fulfill this requirement, and so the first challenges to traffic enforcement cameras were successful. The cities responded by having each ticket signed by a judge and deputizing to a certain degree employees of the companies which issue the tickets. Furthermore, if a ticket was not responded to in a reasonable amount of time they could be served by a process server. Once served, the ticket's court date would become binding and the violator would have to contest the ticket or pay it.
Traffic enforcement cameras raise a serious question about our rights, however. Do we really want automated systems regulating safety and issuing violations? The persons signing the tickets are not actual law enforcement officers, but citizens monitoring a computer system. Should the government be able to dictate violations without oversight or a human element and issue fines by mail? One cornerstone of our legal system is the right to face your accuser. Who is the accuser in this instance? States currently claim that the person who analyzes the camera footage stands in, but in reality it is a computer witnessing the alleged violation, and a machine cannot be cross examined.
Traffic enforcement systems are a serious controversy and critics have levied serious charges about the constitutionality of their use. We should analyze these camera systems to ensure we are not allowing people to be fined without their right to due process.
Source by Cias Hart
