I see your point, but these are civil tickets rather than criminal charges. And since there’s already many laws and regulations around owning a car, such as registration… isn’t it trivial to say “you are responsible for a car that you register by default”
In the same way, if your car fails emissions tests, you can’t register it and it’s the responsibility of the owner to ensure that their car meets emissions standards.
If you read the article, you would see that issue addressed. The claim was that it wasn't civil, it was quasi-criminal which is why they had to follow due process.
But the risks that running a red light pose aren’t civil in nature, so it feels like a perversion to use civil infractions as an excuse to get sloppy with enforcement.
The alternative would be an actual criminal record because you misjudged a yellow light.
If the yellows are set correctly there should be very little of misjudging. You see yellow, if you can reasonably stop you do so. Judging only is an issue when you're going below the speed limit.
Sort of. Basically you can fine the owner of the car and revoke the privileges of driving that car in a given state. Where it gets to be a problem is if the charge is against the 'driver' of the car and the state's not able to prove that. Normally, in courts we can face our adversary and cross-examine, etc. We hit this problem in NJ during the red light camera pilot program, I can remember a guy I worked with getting a ticket because his roommate borrowed a car and the front was hanging out a bit into the intersection.
Some other thoughts: An illegally parked car can be fined, impounded, booted. Car with outstanding parking tickets can also have all of the above. But typically the driver wouldn't see points or a moving violation for any of these offenses. For example: NYC you can get blocking the box tickets written by parking enforcement but they don't carry the weight of a moving violation like a police officer's ticket would. (and if you don't pay it, it's not the driving privilege that's suspended in the state, it's the car itself that would be targeted for booting/impounding, etc)
>I see your point, but these are civil tickets rather than criminal charges.
Yeah that's what they said when ICE was unilaterally kicking in doors.
The way I see it anything that would prompt the government to use violence upon you without you taking action to escalate deserves the same level of protection for the accused as a "real" criminal matter.
Yes I'm aware this includes just about everything beyond library late fines and would break the system at least for awhile. Worth it. The government shouldn't be able to assess the same penalties (fines) and threaten the same enforcement actions (forfeiture of property, arrest for nonpayment, etc, etc) as they do in criminal matters and side step people's rights simply because they say it's civil. The rights and procedural protections are what they are not to prevent the application of a label, but to prevent abuse at the hands of the government.
Criminal offenses are punishable by incarceration.
Civil offenses are not.
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Mild speeding, no seatbelt, broken taillight are civil.
DUIs, reckless driving, hit-and-run are criminal.
All vehicular offenses, but different punishments.
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Unauthorized immigration to the US is NOT punishable by incarceration. (It can result in deportation to the nation of origin.)
>Criminal offenses are punishable by incarceration.
And what happens if you don't pay civil (or criminal) fines? A bench warrant gets issued and you get arrested. And if you get a contempt charge in all this guess where you can go?
The only "real difference" between a criminal offense where they "can" jail you but usually just fine you is procedural.
I would rather catch a bullshit DUI than have a local building commissioner coming after me for some violation. They're both $10k problems, but with one of them you have "real rights"
>Unauthorized immigration to the US is NOT punishable by incarceration.
The problem wasn't what the statutory punishment is or isn't.
The problem was the unilateral nature of it. Hence all the hoopla over warrant types, sloppy behavior, etc.
No more lending your car to a friend in need, no more letting your children learn to drive on your car or borrow it ever. Families must now own and insure a car for every individual driver because we can't be bothered to find robust solutions for traffic enforcement
Shift the problem onto individuals, make it a burden for the public. Typical HN attitude
Driving cars is a dangerous activity that deserves higher levels of accountability and responsibility.
It is commonplace to drive, but has high potential for danger and death. It seems ok to me to have a level of care required for owning a vehicle, and that includes being mindful of who you share your vehicle with.
Same thing with guns - if you blindly lend a gun to an acquaintance and they shoot a school, you will absolutely be charged with some crimes, either accessory to murder or manslaughter, where you have to prove that you weren’t being negligent by giving it to them. Guns are dangerous and owning them bears a higher level of responsibility to the owner.
Vehicles kill more people, they also deserve responsibility to own. If somebody breaks laws with your vehicle, it’s your responsibility by default unless you prove otherwise.
I mean, if your kid or friend gets a parking ticket in your car you probably already pay it and collect from them.
It doesn’t seem that different to extend this to camera tickets.
Or you could ask your friends who borrow your car not to be dipshits who run red lights. If you get a ticket for your teen running a red light, you can have your teen pay for it. Might be a good learning lesson.
But the reason for the ruling is that if your teen runs a red, YOU get points on your license.
Not if the teen takes responsibility. So don't loan out your car to people who aren't willing to take responsibility for their actions. Surely that's not a massive burden?
Is that just?
Yes, vehicle ownership is a level of responsibility, I believe it is just to be accountable for what happens with it.
This is unjust BS and discriminates against poor families.
Using this line of thinking, it will be a short time until you’re responsible for what a criminal does with your stolen vehicle; after all, you failed to secure it.
I hope you get exactly what you’re asking for, and all the implications thereof (but in a state far from me). I feel certain you won’t enjoy it.