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red light cameras, is your state illegally collecting fines by mailing you the ticket?
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Original Message
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i laughed out loud when i read this:
There is a practical issue with regard to issuing citations for red light running: the Code of Virginia requires that an in-person summons, rather than certified mail, be used to compel an individual to appear in court. Because of the high cost of delivering summonses outside Virginia, this requirement could make the programs administratively difficult for some localities if it became commonly known that only an in-person summons can require a vehicle owner either to pay the penalty or to appear in court. However, the program can still legally continue in its present form without a change in the Code. Page xii
A Fairfax County assessment showed a 40% reduction in accidents after 3 months of camera operation (Ruby and Hobeika, 2003). A limitation of the study, however, was that it covered only a 3-month period. Further, the study did not account for the changes in the yellow time while the impact of the cameras was examined. Page 13
The one surviving legal worry actually turns out to be a practical problem, generated by the interaction of the notice provisions in the enabling statute and the Commonwealth�s other service requirements. Because the mere mailing of a ticket without personal service by a law enforcement officer does not constitute sufficient notice under the statute�s own terms, successful enforcement may require personal in-hand service if the accused fails to either pay the penalty or come to court. Although the statute permits the jurisdiction to make the initial attempt to summon the accused to court via mail, if the person fails to respond, he or she is not considered to have been satisfactorily served with notice. However, personal service on all violators is obviously a very expensive proposition, involving many personnel hours, and would defeat one of the primary motivating factors for employing automated detection systems in the first place�a reduction in the number of officers required to enforce red light laws. Thus, unless a jurisdiction is willing to devote resources to implementing extensive in-hand service, citations mailed for red light camera violations become essentially unenforceable. The average citizen is probably not aware of this loophole, but if word were widely disseminated, such knowledge could completely undermine the effectiveness of red light camera programs, as citations issued to violators would lose their practical impact. Again, this is a practical, but not legal, challenge. Page 17
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