US Supreme Court Upsets Speed Camera Industry

[CHIEF USA]

US Supreme Court Upsets Speed Camera Industry
Red light camera makers fear high court Confrontation Clause ruling will create legal challenges.

Red light camera and speed camera manufacturers fear that last month's US Supreme Court ruling in the case Melendez-Diaz v. Massachusetts could create legal turmoil for the industry. The National Campaign to Stop Red Light Running issued a statement yesterday warning that the ruling has armed motorists with a greater ability to challenge the basis of automated traffic citations. Speed cameras, for example, depend heavily on legal faith in a certificate that claims to confirm the total reliability of a machine's speed reading. In the Melendez-Diaz case, the high court ruled that merely producing such a certificate in court is insufficient. Defendants have the right to cross-examine any individual who claims to have certified evidence.

"Violators often object that they cannot challenge their accuser if it is a camera," Leslie Blakey, executive director of the National Campaign to Stop Red Light Running said. "This new ruling may spur more court cases and lawsuits on the basis of the right to challenge the human elements of the evidentiary chain."

Blakey is principal of the Blakey and Agnew public relations firm that five of the top photo enforcement companies -- Affiliated Computer Services (ACS), CMA Consulting, Gatso of the Netherlands, Lasercraft of the UK and Redflex of Australia -- paid to create the National Campaign to lobby on their behalf. Each of these firms could face a tremendous challenge if their methods are brought into closer scrutiny, although Blakey believes that this constitutional protections may not apply in states where photo tickets have been made "civil" violations.

Justice Antonin Scalia wrote the majority opinion in Melendez-Diaz, a 5-4 case that dealt with a laboratory analysis of drug evidence. The defendant argued that he had a right to question the lab worker who signed a piece of paper that certified the substance he had been carrying was cocaine. The majority agreed that despite the possible hassle involved in confirming each fact at trial, it is essential to the integrity of the court system that questioning of the evidence be allowed.

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US Supreme Court Upsets Speed Camera Industry