Have You Paid an Iowa Traffic Camera Ticket? Would You Like a Refund?
Are traffic cameras legal? It's a debate that's been going on for years. The obvious challenge about the true legality of these cameras is how can the state prove it's case beyond a shadow of a doubt just WHO was driving the vehicle in question?
So while it is true that safety should be the paramount issue, it's also true that the state and local governments issuing tickets are the one making all the money, and the car owners are the ones footing the bill.
From the beginning, many citizens who are aware of their rights, pushed back. They've believed from the start that it’s unconstitutional and a violation of due process. To add validation to their concerns, last year an appellate court in Ohio made a ruling against preventing a class-action lawsuit to be filed for the many of these exact reasons.
According to this item from TheNewsPaper.com: “The appellate judges agreed with the lower court that the case was particularly well suited to a class action since every ticket recipient suffered the same injury — a ticket — and would seek the same relief — a refund — all of which could be efficiently resolved in a single proceeding. If the court does find the program unconstitutional, all citations will be void and the city and Optotraffic would have to refund every dollar collected.”
If this previous ruling sets precedent, there could be some serious money being refunded to many of us who previously simply paid up without a fight.
So now the question is: could a similar judgement like the one in Ohio happen in Iowa? I sure hope so. I was tagged three separate times in my first year living here. I'd love to get those bucks folded back into my wallet.
But in all fairness (and in full disclosure) I have slowed down on the highways due those those intimidating signs.
[source: NewsPaper.com]