Greetings,
I have some questions regarding red light cameras, and I would like clarification on how the law reads on these issues from you good folks that are more in the know than I.
I recently received a ticket for my vehicle running a red light on Cooper and S.E. Green Oaks in Arlington, TX. In reviewing the video, I thought the yellow seemed a bit short, and the video even states that the yellow light duration is 4.1 seconds. I looked up TxDOT regulations on this, and TxDOT recommends the timing for a 45 MPH road should be minimally 4.3 seconds at that particular speed. Is there any case there for the City of Arlington ignoring TxDOT regulations regarding this?
I would also like to know what is considered a vehicle having entered the intersection? Is it the whole car, the rear wheels in, front wheels in, nose of car?
Also, there is no visible means of verifying who was driving. How can a ticket be issued to someone when there is no visible evidence that person was driving the vehicle? If someone were to borrow my car with my permission, get drunk and get pulled over, is that person not at fault? Or does it still fall to the owner of the vehicle? Whether or not I was driving should be irrelevant as the burden of proof should be on the state, correct?
My understanding is that this is a civil violation, not criminal. As such, they cannot issue a warrant, nor can it go against my driving record, nor can a collection agency use and uncollected debt against a FICO score. This all seems like the red light cameras are merely on the honor system on whether you pay them or not. Are there other penalties I am not aware of?
My understanding also is as a civil penalty, I cannot go before a judge to plead my case, just a police official at the Arlington PD. That in itself seems like a conflict of interest, as the Police Department is funding their DWI patrols with the money gained from red light cameras in Arlington. It seems the likelihood of fair-and-impartial is seriously hindered here.
What really bothers me here is that the camera, or the officer behind the camera, has no understanding of the unique situation and offers no chance for any reasonable discretion. Were it me driving, and my pregnant wife in the car, the need to not "lock them up" to stop at the intersection and cause a potentially worse problem cannot be adequately factored in to the officer's discretion. Something seems just so wrong about that.
Based on the information, what are my possible actions of recourse? Are their dismissal options I am unaware of? What can I expect if I attempt to challenge this? What would happen if I simply didn't pay?
Thanks for your time.
I have some questions regarding red light cameras, and I would like clarification on how the law reads on these issues from you good folks that are more in the know than I.
I recently received a ticket for my vehicle running a red light on Cooper and S.E. Green Oaks in Arlington, TX. In reviewing the video, I thought the yellow seemed a bit short, and the video even states that the yellow light duration is 4.1 seconds. I looked up TxDOT regulations on this, and TxDOT recommends the timing for a 45 MPH road should be minimally 4.3 seconds at that particular speed. Is there any case there for the City of Arlington ignoring TxDOT regulations regarding this?
I would also like to know what is considered a vehicle having entered the intersection? Is it the whole car, the rear wheels in, front wheels in, nose of car?
Also, there is no visible means of verifying who was driving. How can a ticket be issued to someone when there is no visible evidence that person was driving the vehicle? If someone were to borrow my car with my permission, get drunk and get pulled over, is that person not at fault? Or does it still fall to the owner of the vehicle? Whether or not I was driving should be irrelevant as the burden of proof should be on the state, correct?
My understanding is that this is a civil violation, not criminal. As such, they cannot issue a warrant, nor can it go against my driving record, nor can a collection agency use and uncollected debt against a FICO score. This all seems like the red light cameras are merely on the honor system on whether you pay them or not. Are there other penalties I am not aware of?
My understanding also is as a civil penalty, I cannot go before a judge to plead my case, just a police official at the Arlington PD. That in itself seems like a conflict of interest, as the Police Department is funding their DWI patrols with the money gained from red light cameras in Arlington. It seems the likelihood of fair-and-impartial is seriously hindered here.
What really bothers me here is that the camera, or the officer behind the camera, has no understanding of the unique situation and offers no chance for any reasonable discretion. Were it me driving, and my pregnant wife in the car, the need to not "lock them up" to stop at the intersection and cause a potentially worse problem cannot be adequately factored in to the officer's discretion. Something seems just so wrong about that.
Based on the information, what are my possible actions of recourse? Are their dismissal options I am unaware of? What can I expect if I attempt to challenge this? What would happen if I simply didn't pay?
Thanks for your time.