Missouri Supreme Court Delivers Three Strikes Against Photo Tickets
http://www.thenewspaper.com/news/47/4770.asp
"The highest court in Missouri on Monday struck down red light camera and speed camera programs. In three separate cases, the high court judges found that the cameras unconstitutionally shifted the burden of proof by forcing ticket recipients to prove their own innocence. The judges also found that the creation of "civil" citations and administrative hearings for moving traffic violations violated state law...."
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"..."Failing to obey a traffic control device, or running a red light, is a moving violation as defined by section 302.010 because the motor vehicle involved in the violation is in motion at the time the violation occurs," the high court ruled in St. Peters v. Roeder (view ruling, 180k PDF). "Accordingly, [state law] requires that a person found to violate ordinance 4356 by running a red light have two points assessed against his or her driving record. On the other hand, ordinance 4536 states that no points will be assessed. Ordinance 4536 conflicts with state law by prohibiting what state law permits -- the assessment of two points for violating ordinance 4536."
Instead of declaring the entire ordinance invalid, the high court decided to strike only the provision stating that no points would be assessed to recipients of photo tickets. Several of the high court judges dissented, arguing the court majority was wrong to suggest in a footnote that cities could issue automated tickets as long as the driver was photographed, positively identified and points applied to his license..."