Comment by pclmulqdq
10 hours ago
Most states ban speed cameras and many ban red light cameras as 4th amendment violations. You cannot face your accuser when your accuser is a robot. As a result, speed camera tickets have always used some legal sleight-of-hand to nail you into confessing, and this has become unpalatable.
If we raised speed limits (almost) across the board to the actual safe limits of modern cars, I think a lot more people would be ok with speed cameras. There would still be a constitutional problem, however.
What are "the actual safe limits of modern cars"?
Data from various states raising their limits over the last few decades is that every 5MPH increase in state speed limits brings with it an 8.5% increase in traffic fatalities on freeways. With the 70MPH speed limit common for freeways through most of the US, we're already up 25% on road fatalities over the 55MPH that was chosen for gas mileage during the oil crisis.
For cities, pedestrians struck at 25MPH are already at a 10% chance of death, which reaches 50% at 40MPH.
Nobody goes 70 mph on freeways. They go 80 mph on that road because it's the speed of traffic. If you declared a "speed limit reset" and raised the speed limit to 80 mph, people won't be going 90 mph. They will be going the speed limit.
So "the actual safe limits of modern cars" just means "the speed everyone is currently driving"?
Other states deal with it by making it a civil infraction, not a moving violation, bypassing the 4th amendment issue.
> You cannot face your accuser when your accuser is a robot
I don't really get this take though. If one contests the ticket, have it go to a manual review where someone looks at the tape and confirms the calibration history of the equipment, and boom now that person can be the official "accuser".
If its the argument that they might not have been the one actually driving the vehicle, just make the laws relate to the registered owner of the vehicle is ultimately responsible for the safe operation of the vehicle. If the owner wants to try and prove it wasn't them, they can deflect that in court and prove it was actually their friend or whoever.
If we had a CCTV of a murder happening we wouldn't just go "well that's just a robot not a real person making the recording, guess we need to toss that video!" I don't understand how we take that kind of position when it comes to moving violations.
Also FWIW the 4th Amendment has nothing about facing your accuser. Its the sixth amendment that talks about "...to be confronted with the witnesses against him".