Boomer
01-31-2007, 08:47 AM
Ga State Rep. Barry Loudermilk, R-Cassville (just north of Cartersville on US 41 & I-75) who represents basically Bartow and Floyd Counties is mounting an appeal to outlaw red light camera's. Let's hope he is successful! Please call or write to your state representative and let them know YOU support H.B. 77!!!
From www.RomeNews-Tribune.com
Loudermilk Column: Red light cameras
01/26/07
By State Rep. Barry Loudermilk, R-Cassville
Email this story to a friend
A few years ago the General Assembly passed a law that allowed local governments to install automatic surveillance cameras, which detect a motorist running a traffic light and take a photograph of their vehicle’s tag.
Several businesses who had acquired this new technology were eager to contract with local governments in Georgia to install and operate these cameras. A strong lobbying effort helped this legislation breeze through the system, with improving safety by reducing the number of accidents as the mantra repeated by the bill’s supporters.
This week, I co-sponsored legislation (House Bill 77) that will repeal the law that authorizes local governments to contract with companies to install and operate these cameras.
Today it is estimated that there are as many as a hundred of these systems throughout the state, 45 just in the Atlanta area, generating millions of dollars in revenue for local governments and creating a growing market for the companies who operate these “ticket-by-mail” systems.
There have been several articles recently written about my sponsorship of this bill, including a recent editorial in the Rome News-Tribune. Surprisingly, the editorial board actually, although reluctantly, agreed with me on this issue.
They suggested that my motivation was as a result of me or a family member being cited by one of these “virtual cops.” However, no one in my family, to my knowledge, has received a citation from a red light camera. In fact, I try hard to obey traffic laws, including speed limits. My motivation, as I stated in an earlier article about this bill, is to uphold and support the Constitution.
The editorial board, in their column, has suggested that if I want to succeed in my fight to repeal this law, I should drop the Constitutional argument and focus on how these cameras have become cash cows for local governments, adding millions of dollars to their coffers.
Or, it is suggested, that I should fight on the grounds that there is no conclusive evidence that these cameras have reduced the number of accidents.
In fact, in many cases the total number of collisions has increased, due to motorists slamming on their brakes to avoid a “cyber ticket.” Or, I should mention, how a Texas study has shown that by adding one second to a yellow light has shown a much higher reduction in the number of traffic accidents than any of their red light cameras.
Colleagues in the House have advised me to focus on how most of the local governments who have these cameras have yet to file annual reports to the state as required by law. They suggest that these local governments are as guilty of violating state law as the citizens they are citing.
Others suggest I should speak about the reports of how some local governments have adjusted the timing of the yellow light after putting in the camera, to catch more violators. Or, let the public know that these cameras are not operated by their local government, but by independent contractors who are paid a one time purchase price of $100,000 to $200,000 per camera and paid about $3,500 per month for each camera they operate.
While all of these arguments are valid and they will be part of the debate over this issue, I have to maintain my original argument, that the operation of these cameras violates the right to due process. A right that our forefathers believed was so important that it was protected in our Constitution.
Running a red light in the State of Georgia is a criminal misdemeanor, which means the government must provide proof, beyond a reasonable doubt, that the person accused committed the crime. Also, the Fifth Amendment states that you cannot be compelled to be a witness against yourself. This means that government cannot try you for a crime for which you are the only witness.
In the case of red light cameras, the only proof the government can present is that a vehicle registered in your name was being driven through a red light.
There is no evidence that you were the driver and the government cannot present any evidence that you, the individual, violated any law. According to an attorney I consulted who is well versed in Constitutional and Georgia Law, there is no way that the government would ever win if a citizen were to take their cyber ticket to court.
So why are citizens being cited for violations that the government cannot uphold in court? That is the question.
While I appreciate all the friendly advice I have received on where I should make my stand on this issue, I am reminded of the oath of office I took on January 10, 2005 and again on January 8, 2006. “I swear to support the Constitution of this State and the Constitution of the United States…So Help Me God.”
As a representative of the people of Bartow and Floyd Counties, I have sworn to uphold the Constitution and that is where I will make my stand… So Help me God!
From www.RomeNews-Tribune.com
Loudermilk Column: Red light cameras
01/26/07
By State Rep. Barry Loudermilk, R-Cassville
Email this story to a friend
A few years ago the General Assembly passed a law that allowed local governments to install automatic surveillance cameras, which detect a motorist running a traffic light and take a photograph of their vehicle’s tag.
Several businesses who had acquired this new technology were eager to contract with local governments in Georgia to install and operate these cameras. A strong lobbying effort helped this legislation breeze through the system, with improving safety by reducing the number of accidents as the mantra repeated by the bill’s supporters.
This week, I co-sponsored legislation (House Bill 77) that will repeal the law that authorizes local governments to contract with companies to install and operate these cameras.
Today it is estimated that there are as many as a hundred of these systems throughout the state, 45 just in the Atlanta area, generating millions of dollars in revenue for local governments and creating a growing market for the companies who operate these “ticket-by-mail” systems.
There have been several articles recently written about my sponsorship of this bill, including a recent editorial in the Rome News-Tribune. Surprisingly, the editorial board actually, although reluctantly, agreed with me on this issue.
They suggested that my motivation was as a result of me or a family member being cited by one of these “virtual cops.” However, no one in my family, to my knowledge, has received a citation from a red light camera. In fact, I try hard to obey traffic laws, including speed limits. My motivation, as I stated in an earlier article about this bill, is to uphold and support the Constitution.
The editorial board, in their column, has suggested that if I want to succeed in my fight to repeal this law, I should drop the Constitutional argument and focus on how these cameras have become cash cows for local governments, adding millions of dollars to their coffers.
Or, it is suggested, that I should fight on the grounds that there is no conclusive evidence that these cameras have reduced the number of accidents.
In fact, in many cases the total number of collisions has increased, due to motorists slamming on their brakes to avoid a “cyber ticket.” Or, I should mention, how a Texas study has shown that by adding one second to a yellow light has shown a much higher reduction in the number of traffic accidents than any of their red light cameras.
Colleagues in the House have advised me to focus on how most of the local governments who have these cameras have yet to file annual reports to the state as required by law. They suggest that these local governments are as guilty of violating state law as the citizens they are citing.
Others suggest I should speak about the reports of how some local governments have adjusted the timing of the yellow light after putting in the camera, to catch more violators. Or, let the public know that these cameras are not operated by their local government, but by independent contractors who are paid a one time purchase price of $100,000 to $200,000 per camera and paid about $3,500 per month for each camera they operate.
While all of these arguments are valid and they will be part of the debate over this issue, I have to maintain my original argument, that the operation of these cameras violates the right to due process. A right that our forefathers believed was so important that it was protected in our Constitution.
Running a red light in the State of Georgia is a criminal misdemeanor, which means the government must provide proof, beyond a reasonable doubt, that the person accused committed the crime. Also, the Fifth Amendment states that you cannot be compelled to be a witness against yourself. This means that government cannot try you for a crime for which you are the only witness.
In the case of red light cameras, the only proof the government can present is that a vehicle registered in your name was being driven through a red light.
There is no evidence that you were the driver and the government cannot present any evidence that you, the individual, violated any law. According to an attorney I consulted who is well versed in Constitutional and Georgia Law, there is no way that the government would ever win if a citizen were to take their cyber ticket to court.
So why are citizens being cited for violations that the government cannot uphold in court? That is the question.
While I appreciate all the friendly advice I have received on where I should make my stand on this issue, I am reminded of the oath of office I took on January 10, 2005 and again on January 8, 2006. “I swear to support the Constitution of this State and the Constitution of the United States…So Help Me God.”
As a representative of the people of Bartow and Floyd Counties, I have sworn to uphold the Constitution and that is where I will make my stand… So Help me God!