NMA Motorists Forum - Discuss NMA Issues This is the place to discuss traffic laws and other issues related to motorists. http://www.motorists.org/forums/list.php?2 Sat, 21 Nov 2009 10:18:34 +0000 Phorum 5.2.7 http://www.motorists.org/forums/read.php?2,328,328#msg-328 Improving Work Zone Safety (no replies) http://www.motorists.org/forums/read.php?2,328,328#msg-328 Why you should consider new Traffic Control Devices for Effective Safety

A WHITE PAPER PREPARED BY THE WATER BARRIER MANUFACTURERS ASSOCIATION

The purpose of this paper is to educate transportation departments, consulting engineers, and others on the availability of new, cost effective, and safe alternatives to temporary concrete barrier and low mass delineation devices for work zone traffic control.

Improvements in transportation infrastructure will benefit all Americans by creating safer roadways, providing jobs, alleviating congestion, and saving time and energy otherwise spent commuting. Throughout these infrastructure improvements, more attention must be given to safety and the prevention of work zone accidents, which take the lives of construction workers, motorists, and pedestrians. Our nation needs to build better roads, bridges, and transit systems without sacrificing the safety of motorists, pedestrians, and workers..

A thorough evaluation of temporary traffic control devices should place a particular emphasis on balancing the protection of construction and maintenance workers with the safety of road users traveling through work zones. According to the Bureau of Labor Statistics, there were 101 fatal occupational injuries at road construction sites in 2008 alone. In 2007, 831 workers and motorists were killed in highway work zones and more than 40,000 were injured. Eighty-five percent of those killed in work zones are drivers or their passengers.

Concrete barrier and drums have become the temporary traffic control devices most commonly used in highway work zones. The primary function of these devices is to provide highway users reasonably safe and efficient movement through work zones while protecting construction workers and equipment. Traffic engineers expect these devices to improve safety when they are installed and maintained properly. However, the emphasis has been on positive protection for workers while 85% of fatalities are drivers and their passengers. Softer-impact temporary barrier devices and longitudinal delineators create more positive outcomes in the event of an accident than the use of traditional concrete barrier and drums.

In road construction work zones, easy-to-use Portable Water Filled Barrier and Longitudinal Channelizing Barricade (LCB) systems have seen great success where applied, but (as with many devices new to the transportation infrastructure environment) resistance to change slows industry-wide adoption.. There is an enduring familiarity with concrete and a tendency to rely on concrete barrier for every use, even when it is not the safest or most appropriate device for the job. In fact, a recent survey of practices confirmed that temporary concrete barrier is the option most frequently used by state transportation agencies. Because there is no requirement or incentive for change, engineers simply continue to specify temporary concrete barrier for all traffic control jobs, in spite of the innovation of safer and more effective mechanisms. Findings show that deployment of new devices face roadblocks because (a) transportation projects are complex, multifaceted, and interjurisdictional with many players having different interests; (b) multiple layers of decision making sometimes lack logic; (c) public-sector procurement is driven by competitive, multiple low-bid processes that often infringe on intellectual property rights; (d) public agencies resist change; and (e) risk-averse executives hesitate to implement new innovations. This research underlines the need for improved communication among researchers, developers, operators, and decision makers. Specific and consistent criteria for the evaluation of new innovations must be established. It is important to recognize that the deployment of more suitable traffic control devices can prevent many accidental injuries and deaths in work zones currently using temporary concrete barrier.

Temporary concrete barriers are appropriate in work zones when needed for positive protection, but can create hazards in themselves if used simply for channelization. The Roadside Design Guide calls for concrete barriers to be used:

1) To protect traffic from entering work areas such as excavations or material storage sites
2) To provide positive protection for workers
3) To separate two-way traffic
4) To protect construction such as falsework for bridges and other exposed objects
5) To separate pedestrians and vehicular traffic

Further, The Roadside Design Guide urges temporary concrete barrier be placed only parallel to traffic. Most catastrophic accidents involving vehicles moving through the work zone and temporary concrete barrier occur when the barrier is struck at a high angle.

Although no consensus on specific warrants exist, barriers are usually justified for bridge widening, shielding of roadside structures, roadway widening with edge drop off, and to separate two-lane, two-way traffic on one roadway of a normally divided roadway.

Deploying temporary concrete barrier in work zones to close roads or to act as channelizing/delineating devices exposes vehicles and occupants to the possibility of engaging a massive object that can cause substantial injury and death. Longitudinal Channelizing Devices are designed to channel traffic without the risk associated with impacting a temporary concrete barrier.

In addition to the dangerous consequences of using temporary concrete barriers for channelization, one should consider the costs (both of the product and installation). Loading, transporting, and unloading concrete barriers, both at the origin and again at the work site is an expensive process. Temporary concrete barriers also cause unnecessary work zone congestion while they are unloaded and set into position by cranes requiring the closure of a traffic lane for the installation. Manually unloading lightweight plastic barricades, positioning them by hand, and adding a very small volume of ballast is much more affordable and does not require an additional lane for a flat bed and crane.

In conjunction with the cost analysis, a risk assessment must be considered. By definition, temporary concrete barriers should only be deployed to protect traffic from entering work areas such as excavations or material storage sites, to provide positive protection for workers, to separate two-way traffic, to protect construction such as falsework for bridges and other exposed objects, and to separate pedestrians and vehicular traffic. Plastic water filled barriers are also appropriate for most of the temporary barrier applications listed above and provide a much safer environment for the motoring public when compared to temporary concrete barrier. Plastic water ballast barriers are now available and accepted for use by the FHWA at speeds up to 65 mph and with lateral deflections as low as 3.4 M.

For applications outside the specified areas, temporary concrete barrier should not be used. Alternative traffic control devices that do not pose a hazard to the motoring public should be used. Where guidance emphasis will suffice, a Longitudinal Channelizing Barricade is ideal. LCBs are lightweight, plastic, water-fillable devices that form bright, visually-compelling, continuous walls in the manner of concrete but without the lethal potential to impacting vehicles. The Federal Highway Administration recognizes the need for LCB’s and the Manual on Uniform Traffic Control Devices (MUTCD) has been updated to reflect the useful and effective deployment of LCBs as an alternative traffic control device. See Section 6F.66. MUTCD

Insubstantial traffic control devices such as folding Type I or Type II barricades, delineator posts, reflective panels and cones can be used in these applications as well, but are regularly ignored by aggressive drivers as the size of these devices is not formidable and the spacing between devices permits intrusion by vehicles. If drivers do not respect traffic devices, they may accidentally or even intentionally enter a work zone, causing injury to their passengers and/or workers. LCBs create a large and commanding traffic control device, compelling drivers to exercise more care in avoiding impact. Without this boundary, drivers may not realize until too late that insubstantial delineator posts were actually marking the edge of a very hazardous drop-off. The posts can also be confusing to drivers who often have difficulty determining their intended travel path through the widely spaced array of markers. This risk is increased when visibility is inhibited by weather conditions of heavy rain, fog, or other precipitation. Lastly, delineator posts, panels and other lightweight safety devices are often knocked over by passing vehicles, weather and the air backwash of heavy vehicles. An unbroken, interconnected array of Longitudinal Channelizing Barricades provides a clear, unambiguous travel path, particularly where there may be directional path changes within a work-zone.

For decades, road transportation departments, consulting engineers, and others who specify safety equipment in roadway construction projects have had few choices in traffic control devices. Historically, engineers have specified either temporary concrete barriers or polymer barrels. A “one solution fits all” culture has developed leaving temporary concrete barrier as the default option for positive protection and channelizing drums as the default option for delineation. In order to reduce costs and increase effectiveness, these transportation professionals are urged to examine and consider new products offering road workers and vehicle occupants a safer environment.

The deployment of concrete barriers in locations between traffic lanes and the work site (where deflection cannot be accommodated) is, in many cases, justified as the only solution. However, deploying concrete barrier as a guidance system to simply channelize and delineate traffic is questionable and, in these situations, should be regarded as risky practice This is especially true at high angles of impact where outcomes are catastrophic. Accelerometers inside a crash test vehicle, as well as instrumented, anthropomorphic dummies reveal consistently severe neck, leg, and skull injuries upon concrete barrier impacts. When concrete barrier is used at a tangent for road closures or for delineating curves through a work zone, an errant vehicle will certainly impact at a high angle. Ample evidence points to disastrous results (including severe injuries and death) when vehicles impact concrete at very high angles at even low speeds. Unfortunately, the use of temporary concrete barrier for delineation has become ingrained and many practitioners find it difficult to accept change, evolve practices, and adapt to newer, safer technologies.

The LCB is recognized by FHWA as a device which can be substituted for barrels, cones, and delineators.
New products like the LCB continuous wall systems are designed specifically to fill the gap between concrete barrier segments used as channelizers and lightweight, spaced delineators, cones, barrels and small wooden or plastic folding barricades that are often inadequate--particularly on long-term projects.

Preventing accidents and protecting workers, pedestrians, and motorists is a national concern. The way to ensure elimination of these tragedies is to encourage and require the use of the safest product for each specific job instead of relying on the most familiar traffic control devices or those devices already on hand for the project.

Only when road transportation departments and practitioners begin to look beyond the familiar traffic control products will work zone safety be improved. The individuals most often overlooked when making traffic control decisions are the occupants of vehicles traveling through work zones. They are frequently exposed to the dangerous practice of utilizing temporary concrete barrier as a delineator or to close a road, elevating exposure to high angle impacts, and required to drive through a confusing array of delineators, risking collision.. Those vehicle drivers and occupants could be your family or mine, so we must ask ourselves if a softer impact into a lightweight system device instead of massive rigid concrete walls will save injuries and perhaps lives. Surely, it is worth consideration.

For more information on non-traditional traffic control devices, visit the water barrier manufacturers association at www.waterbarriers.org or contact us at 423 South 600 West, Salt Lake City, UT 84101
Phone: 801-363-7740 Fax: 801-363-6372 Email : marc@otwsafety.com]]> Multib7740 Discuss NMA Issues Fri, 20 Nov 2009 22:08:53 +0000 http://www.motorists.org/forums/read.php?2,324,324#msg-324 Different speeds on the same street (1 reply) http://www.motorists.org/forums/read.php?2,324,324#msg-324 gzpmtf Discuss NMA Issues Fri, 20 Nov 2009 16:21:57 +0000 http://www.motorists.org/forums/read.php?2,323,323#msg-323 pulled over for out past curfew & a no turn on red... (no replies) http://www.motorists.org/forums/read.php?2,323,323#msg-323 arthurbulat Discuss NMA Issues Sun, 15 Nov 2009 21:15:14 +0000 http://www.motorists.org/forums/read.php?2,322,322#msg-322 Do I need to deal with an Ontario speeding ticket? (no replies) http://www.motorists.org/forums/read.php?2,322,322#msg-322
Here is what the notice (from the Canadian ticket) says may happen if I fail to pay by the due date:

Quote:
Suspension of your driver's licence and the imposition of a licence reinstatement fee.
Informing the Credit Bureau of the debt, which may affect your credit rating.
Referral to a Private Collection Agency for formal collection proceedings.

I've yet to own a credit card. Should I worry about being reported to the Credit Bureau?

PS: It claimed my message was blocked because it was spam. I'm glad it got posted anyway but someone should probably look into that...]]> zakgreene Discuss NMA Issues Sun, 15 Nov 2009 01:14:11 +0000 http://www.motorists.org/forums/read.php?2,320,320#msg-320 No RADAR calibration necessary in Michigan?:S (no replies) http://www.motorists.org/forums/read.php?2,320,320#msg-320 www.michigan.gov]

Check out this link above in PDF format. It would appear that under the authority of Michigan Speed Measurement Task Force (MSMTF) law enforcement authorities are NOT required to periodically have speed measurement equipment (used for traffic enforcement) calibrated (see line #3).

It is understood that there is a difference between radar calibration (recertification per MSMTF?) and operator verification. Verification is assumed to be performed by the officer with calibrated tuning forks issued to that radar or other, appropriate method with LIDAR.

This raises a few questions in my mind:

How does this precedent compare to other states' radar calibration requirements?

Under what authority is the MSMTF accountable to? In other words, do they ultimately have absolute authority to designate whatever criteria for which speed measurement equipment must comply with in Michigan? This seems like a lack of true accountability to me. A conflict of interest perhaps? They get to make their own rules? Do driving citizens have any leverage to influence this? How? After all, we are funding these agencies with our tax dollars, right? We pay their paychecks.

Where am I going with all of this? It would seem to me that if tax paying motorists are held legally & financially liable based on forensic evidence presented by this equipment, doesn't it seem ethically appropriate that these devices be subject to periodic calibration (recertification) to confirm accurate operation/measurements?

Imagine if you were pulled over for a suspected DUI and the breathalyzer device used to measure your BAC was in field use for years without ever being subject to periodic calibration. The criminal implications of an inaccurate device should be apparent.

Perhaps there isn't as much legal emphasis placed on speed measurement devices because speeding infractions (in Michigan) are a Civil infraction and not criminal? Or do we just lack the political will to object to seemingly loose "rules" created to reduce the accountability of speed enforcement authorities (police)?

Sorry for the long post. I look forward to fellow NMA members' thoughts.]]> blindwhitey Discuss NMA Issues Sun, 08 Nov 2009 18:12:44 +0000 http://www.motorists.org/forums/read.php?2,313,313#msg-313 Ignition Interlock/REvocation Reinstated (no replies) http://www.motorists.org/forums/read.php?2,313,313#msg-313 Chuck3286 Discuss NMA Issues Wed, 28 Oct 2009 04:16:28 +0000 http://www.motorists.org/forums/read.php?2,308,308#msg-308 Pulled over (3 replies) http://www.motorists.org/forums/read.php?2,308,308#msg-308 xq28libra77 Discuss NMA Issues Sat, 31 Oct 2009 22:32:27 +0000 http://www.motorists.org/forums/read.php?2,292,292#msg-292 Accused Of Speeding When Cop Lies (5 replies) http://www.motorists.org/forums/read.php?2,292,292#msg-292
Someone told me that radar units cannot detect speed when pointing at a 90 degree angle at a car driving by. Is there any documentation proving this? This goes to trial next month and it's my word against the cops. Any advise?]]> Deadhead Discuss NMA Issues Fri, 20 Nov 2009 09:23:54 +0000 http://www.motorists.org/forums/read.php?2,289,289#msg-289 When the Ticket's 19 Years Old, It's Your Word Against Theirs (2 replies) http://www.motorists.org/forums/read.php?2,289,289#msg-289 Tuesday, Oct. 6, 2009 | Bruce Steinberg admits he had a busted headlight when a cop pulled him over as he drove through Hillcrest one night.

Steinberg received a fix-it ticket and, as he recalls, he fixed his 1965 VW Bug. He got a police officer to sign off on the headlight repair, paid the fine, and moved on with his life.

That was almost 19 years ago. Now, the county courts system wants Steinberg to cough up $322 -- $72 for the fine and $250 for a penalty. The statute of limitations doesn't apply. Steinberg has to pay, convince a judge to throw out the case or risk a big blot on his credit record.

"San Diego is apparently looking for money, and they're being pretty creative about how they're doing it," said a miffed Steinberg from Seattle, where he now works as a software engineer. "This is ridiculous."

For the perspective of the county court system, however, it's business as usual: An old debt is no different than a new debt, and the passage of time doesn't get anyone off the hook.

In fact, there appear to be many more Bruce Steinbergs out there with long-forgotten (or long-neglected) bills from the court.

Consider this: the court's collection agency has spent four years trying to track down people who owe 94,322 unpaid fines and fees dating to 2000 and earlier. They've resolved only 10,490 of the cases, meaning some 84,000 fines that are at least 9 years old remain to be paid.

"Do you think it's fair for a guy who gets a ticket to blow it off and hope over time he can escape having to pay it? That’s the (government's) perspective," said Matt Braner, a deputy public defender who teaches at California Western School of Law.

Mike Roddy, executive officer of the San Diego County Superior Court, put it this way in a statement: "We cannot reward people for ignoring their tickets."

In Steinberg's case, what's at issue is whether he ignored anything. Steinberg says he didn't, but the court says he did.

The $322 collection notice arrived over the summer from a company called AllianceOne Receivables Management Inc. It accused Steinberg of ignoring its efforts to contact him and ordered him to pay "immediately."

Steinberg did not pay. Instead, he complained to the collection agency and contacted a Seattle TV station, which aired a story about his predicament.

Steinberg got the ticket in question at around 10:15 p.m. on Dec. 10, 1990, when he was 26 years old and visiting San Diego while working as a cruise director.

On that day, the big international news was that Lech Walesa had just been elected president of Poland. Locally, newspaper stories chronicled Pete Wilson's upcoming term as governor, the construction of Cal State San Marcos and talk of bringing the Republican National Convention to San Diego in 1992. (It ultimately came in 1996.)

Steinberg said he paid the $72 fine. "I was young and irresponsible like everybody else, but there were some things I didn’t screw with," he said. "I don’t deny the light went out, but I do deny that I didn’t handle my responsibility."

The problem: He doesn’t have proof that he paid the fine. Like many people, Steinberg doesn't store 19-year-old financial records.

"Who keeps records that long? Nobody," said George McCalip, a Los Angeles-area man who offers assistance to those who get traffic citations at helpigotaticket.com. He's never heard of a citation more than 6 or 7 years old coming back to haunt someone.

But the statute of limitations, which limits how long crimes can be prosecuted, doesn't apply in Steinberg's case since a warrant was issued against him.

If you get a traffic ticket and don't pay the fine or appear at a court hearing, the court issues a warrant, said Braner, the deputy public defender. "As far as the time running, it stops," he said. "It's as if you threw a big rock at the clock. The state has an indefinite amount of time to bring the person in."

Steinberg said he's hardly been in hiding all these years. He bought a house and a car and has credit cards, he said, and he could have easily been tracked through his Washington state driver's license, whose number appears on the 1990 ticket.

"It's not like [they] couldn't find me." The old ticket never came up during credit checks, he said.

The San Diego County court system does have evidence that the collection agency made several efforts to track down Steinberg since 2000, said courts spokeswoman Karen Dalton in an e-mail.

In 2005, the county courts created a "Hard to Collect" file of 94,322 unpaid fines that were at least five years old and hadn't had any "activity," such as partial payments, for six months, Dalton said. Steinberg's 1990 ticket fine was placed in the file.

As of last week, the county had referred 853,107 unpaid "open cases" to the collection agency, Dalton said. About 80 percent are infraction fines, such as those imposed when a person gets a traffic ticket or is cited for graffiti, she said. The rest are fines in misdemeanor criminal and traffic cases.

Steinberg isn't entirely out of options. McCalip, the advocate for those who get traffic tickets, suggests that Steinberg file an affidavit with the court saying that he paid the fine.

It would be "his sworn statement against their statement that he didn't," McCalip said. "How can they prove he didn’t pay it? They can't prove the negative."

That's indeed an option, deputy public defender Braner said. "He's got some legal avenues. But if he gets the help of a lawyer, it will dwarf the money he's being fined."

"It's very frustrating," Steinberg said. "And I'm at a serious disadvantage."


[www.voiceofsandiego.org]]]> Hubcap Discuss NMA Issues Thu, 22 Oct 2009 20:36:19 +0000 http://www.motorists.org/forums/read.php?2,286,286#msg-286 Completely petrified to use my car with a new SmartStart IID (4 replies) http://www.motorists.org/forums/read.php?2,286,286#msg-286
Heres my concern: The installer said that if I don't drive it (every month I have to take it to him for a download of info) then I'll look like I'm driving another vehicle and "cheating". But I hardly drive to begin with (hate it and it's scary now that I got my first ever slightest degree DUI--I'm paranoid whenever I see a cop or get into heavy traffic because if I get a moving violation I get my license taken away for 3 months).

I use public transportation because I work at a university and our president has asked employees not to drive because there isn't enough parking and we are trying to go "green" on campus. He gives us a free bus pass so that we don't drive. I only drive to my yoga sessions and to the store anyway; both are about 4 miles from my house (smaller city). So I use the bus or ride my bike a lot. The way I figure it I can go almost anywhere I need to without having to take a rolling retest (when I drove home from the installer I didn't get asked to take a rolling retest till I pulled into my garage). The installer told me it would ask every 15-30 minutes for one.

My question is, if I drive very little can I get in trouble? That's like saying you are guilty until proven innocent and also how can I get in trouble when the DMV doesn't know what my driving habits were before I got this thing? I checked our revised statutes for my state and don't see any law on the books for minimum mileage when you have an IID. I live in Arizona.

Anyway, any advice or thoughts? I'm so scared my stomach is in knots and I can't believe I've been branded with this scarlet letter. This is my first ever offense--ever. I'm not a repeat offender or do I have a previous record. I'm in my 40s. I'm so glad I found this site because I feel like the biggest loser ever because I got this one DUI. I stay at home now, don't interact with my community and can't get by the shame and humiliation of this.]]> rivgirl Discuss NMA Issues Wed, 14 Oct 2009 20:52:01 +0000 http://www.motorists.org/forums/read.php?2,284,284#msg-284 Toyota recalls floormats after CHP Officer's fatal crash (no replies) http://www.motorists.org/forums/read.php?2,284,284#msg-284
SAN DIEGO - Toyota USA on Tuesday advised owners of a number of its vehicles sold over the last six years to remove their driver's side floor mats to avoid the potential for accelerator interference, a problem that apparently caused a Santee-area car crash that killed an off-duty CHP officer and three family members.

In a prepared statement, the automaker acknowledged that unspecified "recent events" had prompted company officials to "take a closer look at the potential for an accelerator pedal to get stuck in the full open position due to an unsecured or incompatible driver's floor mat."

The problem "may result in very high vehicle speeds and make it difficult to stop the vehicle, which could cause a crash, serious injury or death," according to the company statement.

Full story here: [www.sandiego6.com]]]> Hubcap Discuss NMA Issues Wed, 30 Sep 2009 17:01:12 +0000 http://www.motorists.org/forums/read.php?2,279,279#msg-279 Rules Of The Intersection (Newsletter #38) (2 replies) http://www.motorists.org/forums/read.php?2,279,279#msg-279 Quote:
One truism that most motorists know is that if any part of a vehicle has
crossed into an intersection while the traffic signal is yellow, the driver
has not run the red light.

I'm not sure that's true. The rule as it was explained to me by an officer in Florida during one of my driver re-education classes for a speeding ticket was that a driver has run the red light if the vehicle is in the intersection after the light has turned red.

It's almost certainly a state-by-state distinction, but a very important one, I think. If people follow your definition and are in a state that defines it as Florida does, they are going to get more red-light tickets than they think they would.]]> landrocket Discuss NMA Issues Wed, 30 Sep 2009 16:57:30 +0000 http://www.motorists.org/forums/read.php?2,268,268#msg-268 Arizona Speed Trap in Yuma, AZ (1 reply) http://www.motorists.org/forums/read.php?2,268,268#msg-268
28-654. Photo enforcement zones; signage; standards; citation dismissal

A. Except as provided in subsection F of this section, every local authority or agency of this state using a photo enforcement system shall adopt standards and specifications that indicate to a person operating a motor vehicle that a photo enforcement system is present and operational.

B. The standards and specifications adopted pursuant to subsection A of this section shall include both of the following:

1. At least two signs shall be placed in a location before a photo enforcement system. One sign shall be in a location that is approximately three hundred feet before the photo enforcement system. Placement of additional signs shall be more than three hundred feet before a photo enforcement system to provide reasonable notice to a person that a photo enforcement system is present and operational.

2. Signs indicating a photo enforcement system shall be removed or covered when the photo enforcement system is no longer present or not operating.

C. Signs erected by a local authority or agency of this state as prescribed in this section shall contain a yellow warning notice and correlate with and as far as possible conform to the system set forth in the most recent edition of the manual on uniform traffic control devices for streets and highways adopted by the director pursuant to section 28-641.

D. If the standards and specifications prescribed pursuant to this section are not in effect during the operation of a photo enforcement system, the court may dismiss any citation issued to a person who is identified by the use of the photo enforcement system.

E. During the time a vehicle containing photo enforcement equipment is being used to identify violators of this article and article 6 of this chapter, the rear of the vehicle shall be clearly marked to indicate that the vehicle is functioning as a photo enforcement vehicle. This subsection does not apply to a vehicle that does not contain a photo enforcement system and that is used by a law enforcement officer.

F. Subsection B of this section does not apply to a mobile photo enforcement vehicle during the time a mobile photo enforcement vehicle is deployed on streets with a posted speed limit of forty miles per hour or less.

I won my case with this Statute. I believe this Photo Enforcement Device is operating 24/7/365. State of Arizona and Redflex are in viotation of this Statute. They are collecting millions of dollars in fines, because motorist are not aware of this Statute. If you are out of state, you have the recourse of filing an appeal with the Arizona Supreme Court, up to the Federal Supreme Court. There might also be a possiblity of filing a "Civil Class Action Suit against the State and Redflex. They need to be made accountable for this illegal action.]]> temp Discuss NMA Issues Fri, 23 Oct 2009 00:19:25 +0000 http://www.motorists.org/forums/read.php?2,267,267#msg-267 Delaware trial laws (no replies) http://www.motorists.org/forums/read.php?2,267,267#msg-267
1. Does Delaware have a 'speedy trial law'?
2. How does one go about appealing a red light camera ticket here? Every time I mail in an appeal request, I am told it's not an option!

Thanks!

Kuryakin]]> kuryakin Discuss NMA Issues Tue, 15 Sep 2009 17:55:14 +0000 http://www.motorists.org/forums/read.php?2,262,262#msg-262 In Praise of Traffic Tickets (2 replies) http://www.motorists.org/forums/read.php?2,262,262#msg-262
I'm so disgusted about the daily harrassment by these thugs... even in little VERMONT, the 7 miles I have to commute each day and see someone pulled over almost every morning, and pass 3 county Thugs, either stationary radar traps in unjustified 25 mph zones, or with their head-on radar.... makes me sick!

Max T. Fordham
Morrisville, VT


---
[www.slate.com]

In Praise of Traffic Tickets
Don't roll your eyes. They're good for you in more ways than you think.

By Tom VanderbiltPosted Friday, Aug. 28, 2009, at 1:36 PM ET

Illustration by Robert Donnelly. Click image to expand.What do Timothy McVeigh, Ted Bundy, David "Son of Sam" Berkowitz, and 9/11 ring-leader Mohammed Atta have in common? They're all murderers, yes, but another curious detail uniting them is that they were all also brought to police attention by "routine" traffic violations.

While living in Florida, for example, Mohammed Atta ran afoul of traffic law on numerous occasions. An arrest warrant was even issued after he skipped a court appearance (related to not having had a valid driver's license during a traffic stop), which raises the haunting possibility that his fatal path might have been interrupted had these transgressions been linked to other legal violations, such as overstaying a visa. (In fact, at least two of the other 9/11 hijackers had been pulled over for speeding, too.)

As anyone who has seen the "cherries" flash in the mirror will understand, the dreaded and oft-scorned traffic stop is the most common scenario in which Americans encounter the police—indeed, for many, the only one. According to Department of Justice estimates, in 1999 there were 43,800,000 "contacts" between police and the public nationwide, and 52 percent of these were traffic stops. And, however unfair or annoying we make traffic stops out to be, I want to point out their broad social usefulness.

Police insist there is no such thing as a "routine traffic stop." For one, there is the hazard of the stop itself. One analysis found that in a 10-year period, 89 officers were killed and more than 600,000 were assaulted by the persons they had pulled over. And a cursory scan of the morning headlines will attest that supposedly routine stops for speeding or some other violation often result in a trunk's worth of drugs, a cache of hidden weapons, or an outstanding warrant for some other violation (though a recent Supreme Court ruling against "warrantless searches" may limit the number of cases in which such evidence is found).]]> baudmax Discuss NMA Issues Sat, 12 Sep 2009 20:37:12 +0000 http://www.motorists.org/forums/read.php?2,259,259#msg-259 Get Paid for Submitting a Loosing Bid (no replies) http://www.motorists.org/forums/read.php?2,259,259#msg-259
I copied the above from the latest NMA News letter. What a hoot, the Feds will pay for submitting a bid. Wow, I'm going to start bidding on every conract I can find. I don't want to win the bid, I just want to get paid for bidding. Guess the time of the "free estimate" is gone the way of buggy whips.]]> ejlang42 Discuss NMA Issues Tue, 08 Sep 2009 21:51:53 +0000 http://www.motorists.org/forums/read.php?2,258,258#msg-258 Contesting Traffic Camera Speeding Tickets (no replies) http://www.motorists.org/forums/read.php?2,258,258#msg-258
I'm thinking of filing suit and wondered if any lawyers or happy clients have had successful challenges in any jurisdiction based on denial of due process, the government's illegal contingency contracts with the entities that administer the program, lack of proof of proper maintenance of the speed sensors or any other theory.

Any thoughts or experiences ?]]> archiepelago Discuss NMA Issues Tue, 08 Sep 2009 18:01:50 +0000 http://www.motorists.org/forums/read.php?2,255,255#msg-255 Lawyer gets payment in body parts (no replies) http://www.motorists.org/forums/read.php?2,255,255#msg-255

Got a high legal bill? Cough up a kidney!]]> piratenews Discuss NMA Issues Sat, 05 Sep 2009 06:58:06 +0000 http://www.motorists.org/forums/read.php?2,254,254#msg-254 Town on Edge After Cop Shoots Fire Chief in Traffic Court (no replies) http://www.motorists.org/forums/read.php?2,254,254#msg-254
The response from cops? They shot him. Right there in court.

Payne ended up in the hospital, but his shooting last week brought to a boil simmering tensions between residents of this tiny former cotton city and their police force. Drivers quickly learn to slow to a crawl along the gravel roads and the two-lane highway that run through Jericho, but they say sometimes that isn't enough to fend off the city ticketing machine.

"You can't even get them to answer a call because normally they're writing tickets," said Thomas Martin, chief investigator for the Crittenden County Sheriff's Department. "They're not providing a service to the citizens."

Now the police chief has disbanded his force "until things calm down," a judge has voided all outstanding police-issued citations and sheriff's deputies are asking where all the money from the tickets went. With 174 residents, the city can keep seven police officers on its rolls but missed payments on police and fire department vehicles and saw its last business close its doors a few weeks ago.

"You can't even buy a loaf of bread, but we've got seven police officers," said former resident Larry Harris, who left town because he said the police harassment became unbearable.

Sheriff's deputies patrolled Jericho until the 1990s, when the city received grant money to start its own police force, Martin said.

Police often camped out in the department's two cruisers along the highway that runs through town, waiting for drivers who failed to slow down when they reached the 45 mph zone ringing Jericho. Residents say the ticketing got out of hand.

"When I first moved out here, they wrote me a ticket for going 58 mph in my driveway," 75-year-old retiree Albert Beebe said.

The frequent ticketing apparently led to the vandalization of the cruisers, and the department took to parking the cars overnight at the sheriff's department eight miles away.

It was anger over traffic tickets that brought Payne to city hall last week, said his lawyer, Randy Fishman. After Payne failed to get a traffic ticket dismissed on Aug. 27, police gave Payne or his son another ticket that day. Payne, 39, returned to court to vent his anger to Judge Tonya Alexander, Fishman said.

It's unclear exactly what happened next, but Martin said an argument between Payne and the seven police officers who attended the hearing apparently escalated to a scuffle, ending when an officer shot Payne from behind.

Doctors in Memphis, Tenn., removed a .40-caliber bullet from Payne's hip bone, Martin said. Another officer suffered a grazing wound to his finger from the bullet.
Martin declined to name the officer who shot Payne. It's unclear if the officer has been disciplined.

Prosecutor Lindsey Fairley said Thursday that he didn't plan to file any felony charges against the officer or Payne. Fairley, reached at his home, said Payne could face a misdemeanor charge stemming from the scuffle, but that would be up to the city's judge. He said he didn't remember the name of the officer who fired the shot.

Payne remains in good condition at the Regional Medical Center at Memphis. He referred questions to his lawyer.

"I know that he was unarmed and I know he was shot," Fishman said. "None of that sounds too good for the city to me."

After the shooting, Martin said police chief Willie Frazier told the sheriff's department he was disbanding the police force "until things calm down." The sheriff's department has been patrolling the town in the meantime.

A call to a city hall number listed as Frazier's went to a fax machine. Frazier did not respond to a written request for comment sent to his office.

Alexander, the judge, has voided all the tickets written by the department both inside the city and others written outside of its jurisdiction — citations that the department apparently had no power to write. Alexander, who works as a lawyer in West Memphis, resigned as Jericho's judge in the aftermath of the shooting, Fairley said. She did not return calls for comment.
Meanwhile, sheriff's deputies want to know where the money from the traffic fines went. Martin said that it appeared the $150 tickets weren't enough to protect the city's finances. Sheriff's deputies once had to repossess one of the town's police cruisers for failure to pay on a lease, and the state Forestry Commission recently repossessed one of the city's fire trucks because of nonpayment.

City hall has been shuttered since the shooting, and any records of how the money was spent are apparently locked inside. No one answered when a reporter knocked on the door on Tuesday.

Mayor Helen Adams declined to speak about the shooting when approached outside her home, saying she had just returned from a doctor's appointment and couldn't talk.

"We'll get with you after all this comes through," Adams said Tuesday before shutting the door.

A white Ford Crown Victoria sat in her driveway with "public property" license plates. A sales brochure advertising police equipment sat in the back seat of the car.

http://piratenews.org/ferrari-v-police-success.jpg
How to Win in Traffic Court]]> piratenews Discuss NMA Issues Sat, 05 Sep 2009 06:53:11 +0000 http://www.motorists.org/forums/read.php?2,245,245#msg-245 Congressman Proposes Government GPS in All Vehicles (6 replies) http://www.motorists.org/forums/read.php?2,245,245#msg-245
What are your thoughts on this?]]> NMA Discuss NMA Issues Wed, 02 Sep 2009 20:35:58 +0000 http://www.motorists.org/forums/read.php?2,242,242#msg-242 Ridiculous waste of highway funds? (no replies) http://www.motorists.org/forums/read.php?2,242,242#msg-242
http://bananasentertainment.com/eformat/newmarker.jpg

That's all fine and dandy but they are every tenth of a mile! What is the purpose of having one of these every 528 feet?

Seems to me like another waste of taxpayer dollars :X]]> RichO Discuss NMA Issues Fri, 28 Aug 2009 03:09:07 +0000 http://www.motorists.org/forums/read.php?2,239,239#msg-239 Bloomfield Hills Michigan Police will lie and beat you (12 replies) http://www.motorists.org/forums/read.php?2,239,239#msg-239
From: Richard Matott [chief@bloomfieldhillsmi.net]

Sent: Thursday, February 26, 2009 3:19 PM

To: Jay Cravens; Staley, James

Subject: RE: Rude police in Bloomfield Hills

Attachments: Staley Reply.doc



I have concluded the investigation in to this matter described by Mr. Staley’s email. Attached are my findings regarding this incident.



From: Jay Cravens
Sent: Tuesday, February 03, 2009 2:54 PM
To: Staley, James
Cc: Richard Matott
Subject: RE: Rude police in Bloomfield Hills



Mr. Staley:

Thank you for your comments. My Director of Public Safety, Richard Matott is investigating your comment. An investigation regarding your incident is being conducted. You will be notified as soon as the investigation is completed. If you should have any additional questions, please refer them to Mr. Matott at (248)644-4200.



Jay W. Cravens AICP, PCP

City Manager, Bloomfield Hills

Telephone: (248)644-1520

jcravens@bloomfieldhillsmi.net



From: Staley, James [mailto:James.Staley@va.gov]
Sent: Tuesday, February 03, 2009 11:20 AM
To: Jay Cravens
Subject: FW: Rude police in Bloomfield Hills



This is what happen to me corrections made

James Staley

_____________________________________________
From: Staley, James
Sent: Tuesday, February 03, 2009 11:09 AM
To: 'JCravens@bloomfieldhillsmi.net'
Subject: Rude police in Bloomfield Hills

On Saturday, January 31, 2006 I was followed by a police officer to the residents of a Winston Myint Htwe, M.D. at 1057 Stratford Lane, Cranbrook Manor in Bloomfield Hills. When I got out of my Explorer, he was there with a Taser Gun telling me to stop, I told him what ever I did I will be right back I had to use the rest room, I have a urology problem. The officer used a Taser gun at the door and missed me and then kicked in many door at the Doctors residents and even hand cuff the Doctor and myself and told me I was going to jail and was under arrest and I did not even know what I had done. My car was taken away and a trash bag was empty in the seat of my car and every thing was a mess. He took money, check book, work ID, and many other items and went into my personal items and even put his hands in my pockets and took my medication, money and other items. I still did not know what I had done. This was worse than I am writing, I do not use the words that the officers used toward me. One officer knocked me down and put his foot on the side of my head and stomped the side of my head and then he jumped on my back and kicked and stomped on my back with knee and foot. I was asking what did I do to be treated this way, what have I done. NO one would say. I was pulled up by the handcuffs, they hurt my hands, back and neck. My pants fell down when the jerked me and they took me out to the police car with my pants down in the winter weather. NO one should be treated this way, I was not even told what I did wrong. I had done nothing wrong and then put into the Jail for 3 days.

James E. Staley

Ann Arbor/Bloomfield Hills Michigan

CC: CNN News

CC: Detroit TV 4

CC: Detroit TV 7

CC: Detroit News

CC: Attorney Jeoffrey Fieger]]> staleyjames Discuss NMA Issues Fri, 20 Nov 2009 09:17:04 +0000 http://www.motorists.org/forums/read.php?2,238,238#msg-238 IGNITION INTERLOCK (7 replies) http://www.motorists.org/forums/read.php?2,238,238#msg-238
Is this a violation? Im still driving since this episode and I explained to the interlock company what happened the day it happened.I currently have a restricted license and it up for review in Dec 2009......can they revoke my license,suspend it for this? If anyone has any input on this toppic,please respond.....thanks]]> jojo Discuss NMA Issues Thu, 29 Oct 2009 01:23:48 +0000 http://www.motorists.org/forums/read.php?2,236,236#msg-236 Quebec is now part of America? (no replies) http://www.motorists.org/forums/read.php?2,236,236#msg-236 Much to my surprise, points were assigned to my New York license.
It seems that New York State has a agreement with Quebec and Ontario ( for the geographically and politically challenged, both provinces of a sovereign country, Canada) to share driver information and reciprocate in points for traffic infractions.
New York has this sort of agreement for points exchange with a few states, but here's my question -

Since when does a state make a treaty or enter into a legal agreement with a foreign entity?
I thought that was reserved for the federal government with ratification by congress.

Article 1, Section 10 of the constitution begins with" No state shall enter into a treaty, alliance, or confederation; I won't bore any one with the rest of the paragraph and subsections here, but it seems pretty clear. Article 3 section 2 gives treaty power to the President with the consent of 2 /3 of the senate.
I don't see the treaty making powers of NY defined anywhere.
When did we give the right to States to enter into treaties, as I think that is really what this is ?
Can anyone, hopefully an attorney explain how this can happen. There must me some very creative legal theory here.

I'm currently fighting this determination, any insights would be helpful
Thanks all
MJP]]> yachtboy9 Discuss NMA Issues Fri, 21 Aug 2009 14:14:31 +0000 http://www.motorists.org/forums/read.php?2,224,224#msg-224 Does the U.S. have too many traffic signs? (7 replies) http://www.motorists.org/forums/read.php?2,224,224#msg-224
Per Staddon, “The American system of traffic control, with its many signs and stops, and with its specific rules tailored to every bend in the road, has had the unintended consequence of causing more accidents than it prevents. Paradoxically, almost every new sign put up in the U.S. probably makes drivers a little safer on the stretch of road it guards. But collectively, the forests of signs along American roadways, and the multitude of rules to look out for, are quite deadly.”

What are your thoughts on this?]]> NMA Discuss NMA Issues Wed, 19 Aug 2009 01:01:30 +0000 http://www.motorists.org/forums/read.php?2,194,194#msg-194 Distracted Driving Laws (18 replies) http://www.motorists.org/forums/read.php?2,194,194#msg-194
What are your thoughts on this topic?]]> NMA Discuss NMA Issues Wed, 30 Sep 2009 00:44:31 +0000 http://www.motorists.org/forums/read.php?2,193,193#msg-193 Contesting a red light camera ticket in fremont (4 replies) http://www.motorists.org/forums/read.php?2,193,193#msg-193
Recently I got a red light violation ticket shot by camera in fremont, CA

I was expecting the light to be yellow for few more seconds bt it did not.... and it turned red.. as I was on that Solid white line...

I was at a speed of 44mph in a 45mph road.... and could not apply sudden brakes... to stop... as i was scared to be hit by the car behind me.... The difference in timing as per their record is 0.7 seconds...

And I see that, even the light changes from red to green on other side after 2 seconds... So when I crossed the intersection... the light was still red on the other side.

I would like to contest it... Please help me... with finding any grounds to contest this ticket...

Your help shall be really appreciated..

Thanks

Shah]]> shahca20 Discuss NMA Issues Thu, 13 Aug 2009 01:22:09 +0000 http://www.motorists.org/forums/read.php?2,190,190#msg-190 Cops Confess to Shooting Redlight Camera (4 replies) http://www.motorists.org/forums/read.php?2,190,190#msg-190 [www.wbir.com]

Yes, that pesky Constitution is a mere technicality protecting We The People from a Police State.

Beyond the constitutional reasons named in the judge’s order, it appears the reason charges were dismissed was that Mr Clark subpoenaed a Knox County deputy to testify that a Knox deputy confessed to shooting a redlight camera. That subpoena was provided to KNS and local TV news, but they failed to report that fact. I wonder why?

COPS CONFESS TO SHOOTING REDLIGHT CAMERA

By John Lee
Pirate News TV Exclusive
3 August 2009

Exclusive Interview with Clifford Clark after winning in court:
[www.youtube.com]

UPDATE: Reporters Committee on Freedom of the Press reports on the courtroom ban of Pirate News in this case
[www.rcfp.org]

UPDATE: 1-hour interview by John Lee on WBCR 1470 am discussing this case
[www.archive.org]

KNOXVILLE, TENN. -- On Friday, Clifford Clark got a phone call from his lawyer. That is usually not a good way to start a weekend. But attorney Ron Newcomb was in a celebratory mood. It sounded more like an office party.

Newcomb declared that charges were dismissed against Clark in the redlight camera shooting case. Judge Mary Beth Liebowitz had signed the Order herself.

The jury trial had been scheduled to start on August 10th.

Some might call this a technical knockout by the defense. Others might say the United States Constitution is the law that keeps Big Brother in check. And that's exactly what Judge Liebowitz enforced in her order, along with a recent U.S. Supreme Court case, Arizona v. Gant.

"Even though these charges have been dismissed, I'm still going to grieve over this situation for awhile," Clark said. "It's quite a relief to have these charges dismissed. I hope that my exoneration will be as highly publicized as my arrest."

Charges of alleged criminal trespass and aggravated assault are still pending in two other trials for Mr. Clark. It is unknown how this dismissal will affect those cases.

Order of Dismissal, State v. Clifford Clark, Docket # 90252, Knox County Criminal Court, Division 3
[piratenews.org]

John Lee is a freelance investigative journalist in Knoxville, Tennessee. To license hi-res video DVD and images of this exclusive interview, call 865-332-5715.


Video Transcript:

John Lee: How does it feel to win dismissal of this redlight case?

Clifford Clark: Of course it's a tremendous relief for me to have this particular aspect over with. I hope that my good name and reputation will be restored. I suppose time will tell if that's the case.

JL: How did your lawyer break the news to you?

CC: I received a phone call late Friday afternoon that the judge had dismissed all charges related to the redlight camera incident. Of course I couldn't hardly believe the news. It took awhile for it to sink in. My attorney, Ron Newcomb, did a superlative job, and I'd recommend his services to anyone.

JL: Did you shoot the redlight camera?

CC: No. I'd been asked this time and time again. I did not shoot the redlight camera. And I'm not quite certain if the redlight camera was shot. I never got to see the camera after this incident, or after these allegations. I got to see photos of pieces of equipment. So I'm not convinced that the incident took place as it was alleged.

JL: Did the camera housing disappear?

CC: Yes, many parts of the camera disappeared from evidence. The outside cover of the camera disappeared. That, of course, if the camera had been shot, that would have given ballistics evidence of trajectory, azimuth, et cetera, and that's gone. There are no bullets or bullet fragments amongst the evidence, which to me indicates that there was no shooting. Even if the bullets had disintegrated then the parts of the bullets would be within the camera housing. The official police report says three bullets entered the camera, and one bullet passed through, so there should still be fragments from three bullets. But no fragments exist, no bullets or bullet fragments exist. So I'm reluctant to believe that either the camera was shot, or very certainly, I did not shoot that camera or any other camera.

JL: Who do you believe actually shot the camera?

CC: I think it was the police. If that camera was shot, I can only believe it was the police who shot that camera.

JL: Why do you believe that?

CC: Every time a camera is damaged, the City of Knoxville pays the camera operators reimbursment for that damage. Which means destroying those cameras is profitable for the camera company itself. Another story in Washington, D.C. had the camera operators commissioning people to steal their cameras, so they could bill back the cost to the city as the leasee who is responsible for the cost of those cameras.

JL: Did you subpoena anybody who had evidence that a police officer had shot the cameras?

CC: Absolutely. I don't want to use his name on camera. But there was a witness, actually more than one witness, that has said publicly that deputies were responsible for other redlight cameras being shot. Of course, now the trial and charges have been dismissed.
So at least for the moment we're not going to hear that testimony.

JL: You did subpoena one of those witnesses?

CC: Absolutely. The subpoena was issued for a witness who has said that a deputy had shot that camera, or had shot a redlight camera.

JL: Can we see your Happy Dance for Victory?

CC: No. I'm very grateful that this episode is over. But I'm not one to gloat. I've suffered a lot during the past two years. Some people have been very supportive and I'm grateful for their support. But there's also been a minority of people who have been very cruel to me for the past two years.

[piratenews-tv.blogspot.com]

Archive of courtroom video by Pirate News in this case:
[piratenews.org]

Pirate News TV broke this story to:

[www.wbir.com]
[www.wate.com]
[www.volunteertv.com]
[www.knoxnews.com]
[content.usatoday.net]]]> piratenews Discuss NMA Issues Sat, 10 Oct 2009 08:45:33 +0000 http://www.motorists.org/forums/read.php?2,185,185#msg-185 New Signs On I-96 (6 replies) http://www.motorists.org/forums/read.php?2,185,185#msg-185 ramboy Discuss NMA Issues Mon, 10 Aug 2009 13:29:00 +0000 http://www.motorists.org/forums/read.php?2,176,176#msg-176 Oregon Ignition interlock rules (2 replies) http://www.motorists.org/forums/read.php?2,176,176#msg-176 IID_OR Discuss NMA Issues Tue, 27 Oct 2009 23:52:55 +0000