Editorial: Red-light cameras undermine rule of law (NMA Mention)

Speed and red-light cameras are the bane of many motorists. A modern idea made possible by technology, they have been installed in at least 24 states. Although these cameras are a revenue boon for governments across the nation, their intrusion into daily life is disturbing, and their constitutionality is dubious.

Specifically, the use of these cameras could violate the Sixth Amendment. The Confrontation Clause grants criminal defendants the right to be confronted with the witnesses against them. Since it is a camera and not a person that witnessed the offense, such violations generally cannot be considered a criminal offense. The ticket is issued to the owner of the vehicle, not to the person driving it, leaving a lack of certainty as to the identity of the offender.

Therefore, the “ticket” in most places is nothing more than a civil fine, making enforcement and collection difficult. To date, governments have avoided this problem by requiring payment of the fine before motorists can renew their driver’s license or auto registration. Although there generally are appeals procedures, they typically do not give drivers a day in court. In other words, what happened to being innocent until proven guilty?