Have you ever fought 'city hall'? Or, gotten a speeding ticket?

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Hello All, Fighting 'city hall' can sometimes seem like it's just not worth the hassle. And, that is exactly what municipalities count on! Please read on, as your city may be next to adopt this SCAM! This will tend toward the long, but will be worth the read, if you ever get a speeding ticket that relies on the use of a radar gun. Albuquerque, NM is among a number of cities that have adopted a privately run, camera citation program, much to the chagrin of all advocates of the U.S. Constitution. To feed the ravenous pig (the greedy city), the city instituted a 'safety zone' on a federal highway -- reducing the speed from 75mph (the state speed limit) to 55 mph. They did so without installing flashing yellow lights, which signal a 'safety zone' (like a school crossing zone), and they failed to place signage on the 'on ramps' to the interstate highway. So, if a driver didn't know exactly where the 'safety zone' began and ended, you could not know what the posted speed limit was, until you happened upon a speed limit sign. Which, by that time means that you have already passed through a 'speed trap' (camera set up in an unmarked van designed to capture 100 photo images per 60 seconds). Yup, this takes the term 'speed trap' to a whole new level! 1. The program violates 'Due Process', as one is not entitled to defend their case in court. Rather, the program is run by a private, 'for-profit' company in conjunction with the city, and a quasi-legal 'hearings' procedure has been established to address the voluminous appeals process -- where no excuses are accepted, meaning that there is no Judicial Discretion. 2. The program violates the 4th amendment, because the ticket clearly states: "Failure to pay this fine on time will lead to serious legal consequences including the loss of your vehicle ..." Yup, tickets that aren't paid result in vehicles that are confiscated, and sold at auction. 3. There is no representative from the Prosecutor's Office. And, what's most eggregious of all is that the City has been maintaining this program under false pretenses of accuracy. Moreover, the program ASSUMES GUILT, UNTIL INNOCENCE IS PROVEN BY THE DEFENDANT. Hmmm, doesn't that sound like it's a 180 degree contradiction to our U.S. Constitution and Bill of Rights? 5. The program operated for two years in direct violation of State Law: State Law mandates that a certain percentage of all traffic violation fees be directed to the State Treasurer. Yet, Albuquerque was 'hoarding' all of the revenue. This ended up in a display of greed that shocked the whole of the state! There was a showdown between the Governor, the State Legislature, and the City of Albuquerque. When the city feared losing its 'cash cow', they shut down the program, so as not to have to share the revenue! Though, it reluctantly agreed to reinstate the camera program after the media 'hammered' the mayor for his deceptive guise that the program was 'all about safety' -- when, in fact, it was all about generating revenue. In a two-year time frame, the city generated a net profit of $5,807,281 from this program -- all the while claiming that it was in the interests of public safety. Below is a snippet from an ABQ City Internal Audit of the program. Notice how much the 'private for profit company' made off of this cash cow? $2,844,920 "Net Revenues from FY05 through FY07, the majority of which is general fund activity: Citation Revenue $10,611,397 Expenditures paid to Redflex (the private company) ($2,844,920) APD Personnel Expenditures ($465,888) APD Direct Expenditures, excluding Personnel & Redflex ($761,350) Subtotal APD: $6,539,239 OAH Expenditures ($731,958) Net (Revenues - Expenditures): $5,807,281" link to an Albuquerque internal audit: http://www.thenewspaper.com/rlc/docs/2007/0710-abqmoney.pdf Anyway, my personal circumstances are that I got 'nailed' in exactly the circumstances outlined above. I got on an 'on-ramp' in the middle of the 'speed zone', and did not know what the posted speed limit was until after I had been unknowingly 'cited' by a camera -- no police officer contact at all. I didn't even know I was violating the speed limit until I got a ticket in the mail. *** You should also know that I only visit Albquerque on a once per year basis, or less frequently. The 'speed trap' was set up to ticket non-residents who travel to Albuquerque from all over the state, to use the only international airport in the state (an easy mark, who will generally not fight the ticket). When I got the ticket in the mail, I chose to fight it! I did my due diligence and appeared before the hearing officer, armed for bear! *** This is really important*** The police officer who was in the van that day was also present, BECAUSE I DEMANDED that he be present (it is our right to address the accuser). He submitted the photo evidence, and 'assured' the Hearing Officer, and the Gallery that his equipment was operating properly (chuckle, chuckle!) -- though he was never 'sworn in' in my presence!!! Then came my turn to cross-examine the Officer. The first question I asked was for evidence that he is properly trained in the use and maintenance of the equipment. He had no certification evidence with him! (Which means that everyone is just supposed to believe that he is certified to operate the equipment.) My next question was a request for evidence of his equipment log-book for the day in question. He didn't have that either! Which of course means that the officer could not PROVE that his equipment was functioning properly, and subsequently meant that the City failed to PROVE the evidence that that Officer submitted alleging my guilt. I moved for dismissal based on the grounds that "the city failed to prove the foundation of evidence" ... And, guess what? I WON! The moral of the story is: Always seek real justice! Albuquerque, like many other cities has adopted this program specifically to make money. They count on people being too ignorant, too busy, or too lazy to call them to task! If you value our Constitution, the please don't ever let your city get away with this kind of gross miscarriage of justice. It hurts every American Citizen!!! Photo enforcement is a SCAM, designed to generate revenue without being encumbered by the burden of evidence that is necessary in a legitimate court of law!!! [b]My questions to you are: 1. What are your thoughts, questions or comments? 2. Does your city have photo-enforcement? Or, have you heard about this new income generating scam? 3. If you get (or have gotten) a ticket, will you fight it? Or, will you just pay the fine? 4. I won my case. Though, that won't shut down the program. Do you think that I should keep fighting to have the program dismantled? To the best of my knowledge (based on my research), I am one of the few who have actually won. Or, should I take my win, and be satisfied? [/b] Thanks for reading this long post, and please know that I welcome your input!