No subject
Fri Jul 14 15:42:52 EDT 2006
is not a "right", therefore a "criminal" infraction such as speeding doesn't
fall under the Bill of Rights. Since licenses are "granted" as a privaledge
of the state of issue, this legal argument (as has been pointed out to me
on oh, more than one occassion by Asst. DAs) doesn't hold water. I haven't
been able to get an explanation as to why unattended speed cameras
can't be used, but it's been made clear to me it's not the Bill of Rights.
Unless the DA's lied. ;-(
LL - NY
On 8/10/06, Kent McLean <kentmclean at mindspring.com> wrote:
>
> Tom Winter wrote:
> > Interestingly enough, because an actual officer isn't involved and they
> > don't pull you over, the tickets carry only a fine and no points against
> > your license. I'm not sure why, but there are apparently some legal
> issues
> > involved.
>
> I believe it may have something to do with the Bill of Rights:
> From: http://www.pfaw.org/pfaw/general/default.aspx?oid=2667#6
>
> <quote>
> Amendment VI - Speedy, Public Trial by Impartial Jury; Informed of
> Charge; Confront Accuser; Favorable Witnesses; Right to Counsel
>
> In all criminal prosecutions, the accused shall enjoy the right to
> a speedy and public trial, by an impartial jury of the State and
> district wherein the crime shall have been committed, which district
> shall have been previously ascertained by law, and to be informed of
> the nature and cause of the accusation; to be confronted with the
> witnesses against him; to have compulsory process for obtaining
> witnesses in his favor, and to have the assistance of counsel for
> his defense.
> </>
>
> If no officer is present to witness your infraction, there is no one
> to confront to defend yourself.
>
> --
> Kent McLean
> '94 100 S Avant, "Moody"
> '89 200 TQ, "Bad Puppy" up in smoke
>
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