TexasCHLforum.com

In most states, to get around the Fourth and Fifth Amendments (rights against search and rights to face an accuser), the camera generated tickets are civil cases against the owner of the vehicle. Texas does this with red light cameras too. This way the evidence is still legal, since the SCOTUS thinks your rights only apply to criminal cases. That might make an interesting court appeal one day (the Fourth amendment does not limit itself as I read it, though the Sixth does).

Of course, Texas is different from many states by still having all traffic tickets as crimes. Many states have made them all civil infractions.

EDIT since Chabouk was typing as I was: Speed cameras are LEGAL in Texas, despite public opinion and belief otherwise. The legislature made them illegal for cities and counties to use, but DPS could still do it. I have to check this but that is the way I remember it passing. Quotas were done the same way.

Second EDIT: I just checked and I remembered it wrong. The ban on speed cameras only applies to cities. Counties and DPS can still do it. Transportation Code Section 542.2035 if anyone is interested.

92f-fan wrote:

chabouk wrote:

gregthehand wrote:I use to just use what we called the trigger on the radar so I didn't have to leave it running just for that reason.

I think you mis-spelled "I used the trigger because continuous mode is an unconstitutional search of the driver, and I only searched drivers with radar after establishing probable cause via my trained and accurate estimation of the driver's speed."

I'm sure that's what you meant. Right?

HUH ?

Under the law, an officer to using an electronic device to check a car's speed constitutes a search. To do this legally, the officer must have probable cause. The probable cause comes from an officer being able to testify that he saw a vehicle approaching at what appeared to be a speed in excess of the speed limit. To have this stand up in court, the officer must be able to show he was trained in, and capable of, judging the speed of cars within a reasonable error rate.

Of course, most officers forget this and use the continuous mode on the radars. They also park in places where they cannot possibly see the car before they radar it. But the officers will almost all testify this way without remembering the old rules (if they were even taught that radar is a search). And most people pay the tickets or do not argue the search in court (instead trying to argue the speed) so the officers get away with it.

My best advice for beating a speeding ticket, other than not speeding, is to argue that you were doing a reasonable and prudent speed, regardless of the posted limit, or to argue the search and have the radar reading thrown out. I don't predict a high rate of success for either argument in municipal/JP court, but if you are willing to appeal it (which costs money and time), you stand a decent chance of winning.

sjfcontrol wrote:

davidtx wrote:
What I really, really want is something to tell me what the speed limit is at the moment and warns me if I'm over. 70 daytime, 65 night, 65 trucks, speed limit changes that are obscure and obviously there for revenue enhancement. School zones with side street entrances in the middle....

Hmm, sounds like an interesting GPS/mapping application. Though be careful what you wish for. Once the computer knows both your speed, and the applicable speed limit, it could be made to tattle on you!

It could also be used as a governor on the motor without your desire.