OT: Help Needed - New Orleans Speed Camera

[TXDawg.sixpack]

So I received a speeding "ticket" from a speed camera in New Orleans this week (I'm a Houston resident and the notification arrived in the mail yesterday). The notification lists the violation as a non-moving infraction and assesses a civil penalty plus an administrative fee (no points assessed against driving record and no insurance rate impact).

I've heard mixed opinions on whether these "tickets" should be paid or challenged. Those who say "challenge it" argue that the city has no way of proving who was actually operating the vehicle and therefore can not prove guilt so the "ticket" will ultimately be dismissed if you challenge. Those who say "pay it" argue that it's not worth the hassle to pay what amounts to a minimum fee.

Does anyone have any experience with New Orleans traffic cameras and how the city handles these? Since I live in Houston and rarely visit New Orleans, I'm not that worried about them booting my vehicle for failure to pay. What other consequences might I face if I challenge and lose or just don't pay?

 

[dorndawg]

I'd pay it, especially since it's not going to further affect you.

I couldn't say what will happen if you challenge it, but I'm willing wager to wager the cost of the ticket is substantially less than what you'll spend on a special trip back to challenge it.

If you ignore it, they could put a warrant out for you (which really doesn't cause a problem unless you are pulled over again) and/or attach it as a delinquency on your credit report.

Were you in fact speeding? Pay the damned thing & move on with your life.

 

[DawgatAuburn]

How is speeding a non-moving infraction?

 

[uptowndawg]

I got one of those a few years ago. I asked my buddy who is an ADA for Orleans Parish what I should do and his advice was that it's easier to pay than it is to fight it. They can be dismissed but it's a pain in the *** and not worth the time considering that the fine is minimal.

 

[drt7891]

I got one of these once. Just pay it and move on.

It was probably a robo-cop or one of those setups by the road that look like construction equipment. Its legal for cities and towns in LA to use those things as "revenue generators," but they aren't allowed to issue actual citations. As dorndog said, it's basically an "extension of credit" they send you and if you don't pay it, it can show up on your credit report.

As you would expect, these things are highly controversial.

 

[johnson86-1]

How is speeding a non-moving infraction?

If you are going to shake people down for nuisance money, you have to make sure it's a nuisance. $75 is a nuisance to most visitors to new Orleans compared to the hassle of challenging it. You start adding in increased insurance costs and it gets a few more people pissed off enough to challenge, and every challenge runs the risk of killing the golden goose altogether.

 

[Poundtowndog]

Probably not worth fighting from a monetary stand point. However, if you have nothing better to do or a good friend who is a lawyer then challenge it.
There are a couple ways to fight it: (1) the denial of the right to confront or cross examine adversarial witnesses, (2) presumption that the registered owner of the vehicle was the one driving it and therefor guilty regardless of who was actually driving which denies the defendant his right of innocence until proven guilty, (3) evidence that the cameras maintenance protocols have been followed exactly and the camera was tested on the day of the alleged infraction, (4) unverified chain of control of evidence. Those are just a handful of the ways to fight it.

 

[RocketDawg]

Don't know about speed ticket cameras, but "red light cameras" have been outlawed in many states and cities. I would think that speeding cameras are the same. Both should be outlawed nationwide.

 

[Lawdawg.sixpack]

They're legal in LA. And TX, surprisingly. Thankfully, not in MS.