Wednesday, March 17, 2010

Let the legal challenges begin

I've previously stated my concerns that city council's idea to immobilize/impound vehicles with unpaid red-light/speed cameras is wrong and probably unconstitutional.

Chris Finney, from Coast, has already said he'd challenge the confiscation of property and today another attorney has said the same thing.

I heard a clip from local defense attorney Jerome Phillips on WSPD this morning stating his belief that 'taking' property without a court judgment was unconstitutional and he'd gladly represent anyone who found themselves with a booted or impounded vehicle due to unpaid camera tickets.

So while the purpose of the plan is to generate income for the City of Toledo, I cannot help wondering how much it's actually going to cost over and above the expense of the boots and the staff to attach/remove them.

3 comments:

navyvet said...

Buttttt...I thot that it was done for safety???

Now we will establish a "Boot Brigade" Dept. Union? No doubt!

What if our mayor(D) sends an email to our governor(D)asking for help? Boot Brigade? Faggedaboudit!

Just send him license numbers of the culprits. License clerk can collect outstanding fine(s)or withhold new plates until payment is received. Let computers do most of the work.

In return, we can give the Governor and his family a lifetime membership to the Erie Street Market. WOW...what a deal!!

Oh Oh....just woke up....had a bad dream....

Disreguard previous remarks...

Tear down those *amn cameras!!!

Stephanie said...

it is done on Columbus with unpaid parking tickets, pay up!

Maggie Thurber said...

Stephanie -

While I know it might seem like they are the similar, they're really apples and oranges. Toledo boots cars for non-payment of parking tickets as well.

The parking tickets are not the same as traffic tickets and are not covered under the traffic laws of the state, except for handicapped parking which can be both.

What Toledo has done is take a violation that would normally be heard in a regular court of law, decided that a photograph of the car means the owner is guilty, and now decided to impound or immobilize because of non-payment.

You'd not support that sort of process for an assault, or a DUI, which are similar laws...so why support this kind of process for red light or speed violations?

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