Friday, August 3, 2012

Unconstitutional Speeding Ticket

Today I got a speeding ticket in the mail.  Apparently I was 13 mph over the speeding limit in a work zone, which under Montgomery County Maryland law, is a violation.  I never got pulled over but was flagged by a speed camera and sent the ticket by mail.

The whole thing is unconstitutional and is really just extortion.  Let me explain:

  • On the front of the page, it indicates that if I pay the fine, then I am admitting liability.  However, if I do not pay the fine, I am still liable, just that now I can have my license suspended.  In other words, I am guilty either way, there is no innocent until proven guilty, and if I don’t pay them, I suffer more consequences.  If I were a private citizen doing this, I would be in jail for racketeering.
  • If I were to contest it, the speed camera operator is not required to appear in court when I appear.  In other words, I am not allowed to face my accuser in court, which is a clear violation of the US Constitution, specifically Amendment 6.  Granted, I can request that he or she show up, but that’s not the point.  If I am to contest this, then he or she should be there without my request.  I am sorry, but this does not pass constitutional muster in my book.  I know there is probably some legal argument to be made that my accuser is available upon request, but that’s total bullshit.  It is the State that is accusing me and therefore, they have to provide the accuser when I show up, wait for me to request him or her.
  • If I show up for my court date, I will not get a trial by jury nor will there be a one available upon request.  In Article 3 Section 2 of the Constitution it states that all trials are to be by jury unless they are cases of impeachment.  In other words, I have been accused of a crime by the State and they are failing to fulfill their duty-bound rules to provide a jury trial.  Yes it is only a speeding ticket, but there is no language in the Constitution that makes exceptions for the magnitude of the crime.
  • I know that speed cameras can be accurate but they are just machines.  How can I contest this and have factual evidence that the speed cameras were working properly.  According to the ticket, it is a violation if I am 12 mph over the speed limit in a work zone.  How do I know that it wasn’t off by 2 or 3 mph when it measured me?  How does the operator not know that?  I know that in theory it is accurate, but these cameras are outside in the inclement weather and extreme temperatures everyday where machinery, even simple devices, can break down.

In short, this whole thing is nothing but a scam.  There were no workman on the road that day, I do not get a fair trial, and I am assumed to be guilty until proven innocent.  Welcome to the police state folks where your rights are about as meaningful as the jobs these worthless bureaucrats hold.

I am going to pay the fine though because I have no easy option otherwise.  The alternative is to go court, lose, and then have to pay for the court costs.  The court system has never been favorable of the individual because they are there largely to rubber stamp the actions of the State.  So it is either pay them or lose more money and time when I don’t.

I hope you people are happy with the government you’ve created with your worthless voting, especially the elites who live in Montgomery County Maryland (and there are many of them).  This is all because you people allowed assholes to take office rather than stepping up, paying attention, and telling these people off.

But there will be no more changes in the future because the vast majority of Americans would rather see a national collapse of our nation than actually fix something.