Database Loophole Lets Legislators Avoid Photo Radar Tickets

lemur3 writes "State legislators in Colorado have not been receiving speeding tickets due to inadequacies in the implementation of a DMV database. The current system ties plates to vehicles rather than to individuals, the special plates for legislators are issued to individuals. The result is that there is no entry in the database for the special plates when the automated photo radar system is triggered, this means nobody receives a citation. In one case a Colorado resident, who had vanity plates reading '33,' received the photo radar citations intended for Senator Mike Johnston representing district 33, whose vehicle was identified by a '33' on his special plate. Lt. Matt Murray of the Denver Police, speaking of the system commented, 'Our system works, the database works. What needs to happen is the state's database need to be complete.'"

Comments

The photos should include the driver

[Vlad_the_Inhaler]

The way this works in Germany is that two pictures are taken - one of the numberplate and one of the driver. I received a letter several years ago saying that my car had been caught speeding and that the driver was obviously not me - their face recognition software recognised a female driver. The photo was included and my (by then ex-) girlfriend paid the fine.
German courts do not consider the numberplate alone to be adequate ID, a practice going back decades.

Re:The photos should include the driver

[edman007]

In the US they don't either (at least not in NY), the solution is to not fine the driver. They fine the vehicle owner, but it's not considered a violation against the driver, thus it doesn't show up on your record and it doesn't affect insurance. Basically it's done the same way parking tickets are handled (which also don't need anything other than a license plate).

Sounds to me like that's the root of the problem, the tickets are for the vehicle owner, and the legislator plates are not tied to the vehicle, thus the system can't pull the owner from the database. They could send it to the driver, but generally that doesn't stand up in court so the systems don't do that.

Re:The photos should include the driver

[gmanterry]

In the US they don't either (at least not in NY), the solution is to not fine the driver. They fine the vehicle owner, but it's not considered a violation against the driver, thus it doesn't show up on your record and it doesn't affect insurance. Basically it's done the same way parking tickets are handled (which also don't need anything other than a license plate).

Sounds to me like that's the root of the problem, the tickets are for the vehicle owner, and the legislator plates are not tied to the vehicle, thus the system can't pull the owner from the database. They could send it to the driver, but generally that doesn't stand up in court so the systems don't do that.

That's interesting. Here in Arizona, if the picture isn't the owner and the owner won't rat the actual driver out, then the ticket is thrown out.

Just as intended

[Mitreya]

Our system works, the database works.

System works as intended, by placing the responsibility of defense on the accused.

I wonder how long it took for that person with vanity plates 33 to get his ticket annulled. He probably had to go to court and speak to a clerk or two.

I am surprised they do not yet send occasional random tickets to 2%-3% in the database. What do they have to lose? Either the person would pay the fine or they would spend hours of their life trying to avoid paying it -- maybe they will be browbeaten into paying a fraction instead.

Re:Just as intended

[Jah-Wren Ryel]

For every ticket that was questionable, I went down to the city building, waited a short amount of time to have my story heard, and the tickets were nullified.

It really couldn't be any easier.

Taking time off during the workday to go to court to fight a ticket that shouldn't have been issued in the first place is easy?

Sounds like Stockholm syndrome to me.

The real question for me is...

[hedgemage]

Why do legislators need special license plates? What sets them apart from us plebs in the rank and file? I'm sure that they don't have problems parking at the statehouse, so other than notifying law enforcement that they're 'special' why different plates?

Re:The real question for me is...

[AHuxley]

Lawmakers driving between legislative events have immunity from prosecution under legislative privilege.
A tight vote could be swayed by stopping a few key political people.
So they write in a free movment rule - the ability not to be stopped while going ~to vote.

Re:The real question for me is...

[nitehawk214]

Lawmakers driving between legislative events have immunity from prosecution under legislative privilege.

A tight vote could be swayed by stopping a few key political people.

So they write in a free movment rule - the ability not to be stopped while going ~to vote.

Bullshit. I mean, that is likely the story they tell people....

The real reason is that no cop is going to pull over and ticket a legislator once they see the plate. Police budgets are set by legislature, don't bite the hand that feeds you. It is the same reason why cops have that FOP (Fraternal Order of Police) sticker on their licence plate or car.

Re:Gotta love those mistakes...

[Khyber]

No, the system is designed to prevent that.

What likely happened is the purely large '33' on one plate got mistaken for a smaller-grouped '33' on a different spot on another plate in conjunction with a specialized license plate number already-printed on the plate. You'll see stuff like this on Disabled Veteran vehicular plates, certain tax-exempt cross-country trucker plates, gov't official plates, and county/city service plates.

Source: Former plate inspector in a Mississippi state prison (one of my 'jobs' before I hit the RID boot camp program for my sentence.)