Re: de plane de plane, de big mouth!

["J. Stevens" <jstevens@kaiwan.com>]

At 01:33 PM 4/18/97 -0400, you wrote:
>On 4/17/97 you write:
>
><<Don't know about the rest of the U.S., but here in beautiful California,
>drivers cannot be cited for moving violations unless that violation was
>witnessed by a peace officer.  :) 
>That's why photo radar is only allowed if an officer is present at the
>scene operating the equipment.>>
>
>Ah...not quite. There is photo radar being used in Campbell CA. (about 20
>miles from where I live) and San Francisco is using cameras to get "red light
>runners" who have become a major problem in that city.

VC 40518 allows for the use of photo radar for stopsign and stoplight
violations. However, these are still easily challenged on the grounds that
a copy of a mailed notice to appear is not a valid substitute for a
complaint that has not been issued by a peace officer who observed
the violation or issued it as the result of an accident.

But even better, if the picture doesnt identify you as the driver, there is
no officer to identify you as the driver, and you have a fifth amemdment right
to refuse to admit you were the driver.

Despite this, I think it is a better idea to just avoid running stopsigns
or stoplights.

cya,
John
_____________________________________________________________
jstevens@kaiwan.com		    Orange County, California
johnstevens@ucsd.edu		Multimedia Development Center
La Jolla, California	University of California at San Diego