Do Red Light Cameras Affect Insurance North Carolina

Raleigh, Greenville, Fayetteville & Wilmington

Never Pay

Notice: Seeking Plaintiffs for Wilmington and Fayetteville

We are starting a lawsuit confronting Wilmington and Fayetteville. We need plaintiffs who received a red light photographic camera ticket. To exist a plaintiff, you must have legal standing. To have legal standing, you must appeal your ticket and lose the appeal. Therefore, sign upwards for an administrative hearing. At the hearing, claim 1) that 90% of gross penal fines are not going to the public schools, 2) that the metropolis cannot enact a local wellness law, 3) that the yellow light is too short, and 4) that the cherry-red-light cameras have been installed by a firm non licensed to exercise engineering. Later on the hearing is over, the city must notice you guilty. Guilty is adept in this case. You must pay $fifty (Wilmington) or $100 (Fayetteville). Practise these things and you have legal continuing. Call 919-815-0126 for more than info.

You do not have to pay any red low-cal camera citation in N Carolina. So don't pay! Your instructions are this: Throw out the citation. Throw out whatever penalisation find you lot receive subsequently. The best matter to do with a ruddy-lite camera citation in North Carolina is ignore it. These citations, penalty notices and letters from collection law firms are all extortion. Extortion is the "do of obtaining something, particularly money, through force or threats." The threats cannot be enforced:

The city can not add insurance points to your driver's license.

The urban center can not prevent you from renewing your commuter's license.

The city can non foreclose you from renewing your automobile registration.

The city cannot hit your credit record. If a blotch appears on your credit, call the credit report agencies and they will remove it. Despite the diction of North Carolina State law that declares a red low-cal camera penalty is a debt, that definition violates federal police force. The federal definition of a debt is an obligation you must pay because you signed an agreement to receive coin or services. Therefore, your credit cannot exist blemished for a simple reason: No one issued you credit.

The metropolis cannot sue yous because the city has no legal standing to sue. In both civil and criminal procedure, the plaintiff has to name the accused. Neither metropolis nor photographic camera company can proper name the accused. All they have is a picture of a license plate. In order for the metropolis begin litigation, you offset have to confess that yous ran the cherry-red light. Practice not confess to running the ruddy light. Practice non confess to receiving the mail. You are not obligated to confess to annihilation. Despite what the red-light camera law says, yous are not obligated to exist a posse for the City by ratting out yourself or someone else.

Also, to be a plaintiff in a lawsuit, the plaintiff must accept been financially or physically injured and the plaintiff must be an individual or a corporation. For example, you admit driving the car. Did you injure the corporation of Greenville? Did you steal money from the corporation of Greenville? Are yous late paying your water pecker? But these kinds of infractions tin can be brought to court and just in a ceremonious process. But running a ruby-red light is a criminal act. Running a reddish-light is against the public, not a corporation. Greenville cannot claim you injured the corporation of Greenville. Greenville can only claim you "injured the public". But injuring the public is a criminal process, not a civil one. And then Greenville cannot sue you lot in civil court.

Illegal penalties. For Greenville and Fayetteville, add together a $100 late fee. That is illegal. State law puts a cap on the vehicle owner'due south full liability at $100. The maximum late fee is $20, but the total liability cannot exceed $100.00. Greenville and Fayetteville invented the "additional" $100.00. It is similar some stranger coming up to you and saying, "Give me $100 considering I say so." We besides know that Fayetteville will paw the citation over to a collection agency in Texas. The agency demands $400. Ignore information technology.

For rental motorcar and leasing agencies, throw out all the citations. Nothing can happen to yous.

For commercial trucking and bus companies, throw out all the citations and practise not punish your drivers.

The racketeering scheme begins when traffic engineers violate 23 CFR 655 MUTCD 4D.26(3) with NCGS 89C-3(half dozen). Traffic engineers create a red-light running problem. By errors and omissions in the field of physics, traffic engineers cause every driver to run red lights. Over a period of a year, every driver will run a red light about a dozen times. 70% of these crimson light incursions happen within 1 2d. The errors in physics are and then bad for certain traffic movements that the errors will crusade a driver to run the calorie-free upward to five seconds.

On March 2, 2020, the Institute of Transportation Engineers (ITE), the private company that DOTs rely upon to establish federal guidelines to establish yellowish lite durations, confessed that its 55 twelvemonth-old guideline has been wrong. On March ii, 2020, ITE replaced its practise with a new ane--a practise that gets the physics right, and hence when adopted by DOTs, volition reduce reddish-lite running past about 90%.

And so when you get the commendation, it is just best to trash information technology. Trash all subsequent emails. If you feel y'all must respond, yous tin can send an "affidavit of non-responsibility" if it applies. But recall, replying identifies that you received the citation. Past replying, you set yourself up and gave the red-light camera visitor the means to pursue.

US Constitution

Professor Adam McLeod of Faulkner University Police force School wrote the definitive article on the unconstitutionality of photo-enforcement programs.

Affidavits of Non-Responsibility

The easiest thing for you to do is do nothing. Ignore your citation. Ignore penalty notices. The city has no legal recourse. The metropolis does nothing. You can file the following affidavits, but then the Metropolis knows you received the commendation. Run into "Notification" section below.

If y'all received the citation from Raleigh and you lot are the owner of the vehicle only not the driver, use the State-sanctioned affirmation to not pay while not disclosing the proper name of the driver. See "Owner But Not Driver" below.

If you received the commendation from Fayetteville and yous are the possessor of the vehicle simply not the driver, use the Fayetteville-sanctioned affidavit to not pay while not disclosing the name of the driver. See "Possessor But Did Non Give Commuter Permission. - " beneath.

If you received the commendation from Greenville, your only option is to ignore the citation. Come across the "Ignoring Your Commendation" below.

If you received the citation from Wilmington, your only option is to ignore the citation. Run across the "Ignoring Your Citation" below.

If Raleigh, Fayetteville, Greenville or Wilmington claims information technology sent a commendation to your address but you personally did not receive and/or open up the commendation within 90 days later on the City claims y'all ran a red light, do not pay your penalty. Practice not succumb to whatsoever of the City's illegal affidavits to force you to pay after-the-fact. Use the State-sanctioned 90 day affidavit:

Possessor But Not Driver

For Raleigh . . .

If y'all are the owner of the vehicle but were non driving at the time and location on the citation, do not pay. Practice not divulge the driver'southward proper noun either. Y'all have another selection which the citation conceals. You tin can legally write, "I was not driving at the time and location on the commendation." Sign the affidavit below and US mail it with delivery confirmation to the mayor. One time Raleigh receives your letter, Raleigh may send you a dismissal letter. Since 2016, Raleigh stopped sending the dismissal alphabetic character. It does not matter whether you receive a dismissal letter. Merely do not pay. The instructions are in the affidavit.

By concealing your option of non paying when you are not the driver, Raleigh commits the act of fraud. The definition of fraud is "omitting a person'due south legal rights in social club to secure payment." Raleigh knows about its fraud and admits it. The Cary News published the ex-Director of SafeLight Raleigh'due south--John Sandor--confession on August 22, 2012. In his argument, Sandor justifies lying in order to prevent lies. The mayor of Raleigh, Nancy McFarlane confesses the lie in this ABC Goggle box news report.

You can settle the owner-not-driver issue directly with SafeLight Raleigh. You lot can walk into the SafeLight Raleigh office and inquire for the owner-not-commuter affirmation. SafeLight has prepared an affirmation for this purpose. SafeLight does not advertise this. With only a commendation in paw and had not come to this web site, you would non know of the possibility.

Owner Who Did Not Requite Commuter Permission

For Fayetteville . . .

If you are the owner of the vehicle, you lot were not driving and you did not give the commuter permission to drive your car, practice not pay. You do not have to divulge the driver'due south name either. The citation commits fraud in many ways: Fayetteville Ordinances Section 16-153. You lot can say, "I was not driving at the time and location on the citation and I did not give permission to the driver of my vehicle to drive my vehicle at the time and location on the citation." Sign the affidavit below and Us mail it with commitment confirmation to the Metropolis of Fayetteville, SafeLight Plan. Further instructions in the affirmation.

Do NOT send $100 with your affidavit. Forcing you to pay upwardly front in club to defend yourself is illegal by federal and country police. The violation of federal police is that over due process: paying the ceremonious fine upwardly front does non require the city to see its brunt of proof. The law-breaking against North Carolina law is one of overstepping the full general statute. The statute does not require information technology.

Ignoring Your Commendation

The easiest thing to do is to ignore your citation. Everyone should just do this and make like you lot never received one. Ignore it and ignore all subsequent penalisation notices and collection agency threats.

In all cases, you do non take to acknowledge to whatsoever party that y'all received the commendation. Simply because the red light photographic camera may have sent yous a citation, does not hateful you received information technology. Tell them like they similar to tell you, "I am not responsible for the U.s.a. Mail." If you desire the money then desperately, then serve me face-to-confront.

Citation Arrives After ninety Days

If y'all receive a citation over xc days later the fourth dimension of violation, in all of North Carolina yous are not responsible for paying a crimson low-cal camera citation. Beneath are the 90 twenty-four hours affidavits.

Y'all are too not responsible for telling the city/red light camera company where you were or why you did not receive your commendation. Do not acknowledge that you received one if you did. Exercise not let the metropolis to reissue you a new citation. Practise not succumb to the city'due south deceptive act of "grace" of removing the penalisation charge if you lot at present pay information technology. You do not take to pay this citation in the first place.

Raleigh: Session Police 2003-380 Section iii(d)(2)

Wilmington, Fayetteville, Greenville: NCGS 160A-300.ane(c)(ii)

Credit Reporting - Extortion

Red light camera vendors and Cities cannot hitting your credit tape over a red light camera commendation. Read section Four. Due east(i)c of the reporting agencies' Assurance of Voluntary Compliance. This certificate assures that credit reporting agencies obey the federal Credit Reporting Deed (CRA). Many citations comes with the threat they volition hand your citation over to collections. That threat is extortion -- a law-breaking. The so-called drove agency cannot collect.

Your credit record can be hit only when you signed a written agreement to pay the fine with the red light camera company or city. Because at that place is no written agreement, the red lite camera citation is void. The Assurance certificate is a result of several lawyers having confronted the credit reporting agencies over posting red calorie-free camera fines. The document is dated May 2015. It mandates all agencies to remove all red light camera black-marks past and hereafter. (We know that credit agencies have been removing blackness-marks several years prior to 2015. We know from experience that TransUnion has been removing "ACS, Raleigh" credit hits for years.)

Exist wary of Fayetteville. Fayetteville will send your unpaid citation to Linebargar, Goggan, Blair & Simpson--a constabulary business firm specializing in collections working out of Texas. Fayetteville and Linebargar pause 2 laws doing this. They care for the citation as a "debt" which information technology is non according to federal definition and top of that, the law-business firm will jack up the $100 civil penalisation to $400 in explicit violation of NC State police force which caps the entire penalty at $120.00. Read points 4 and 5 here.

"Notification"

To pay a citation, the City starting time has to notify the vehicle owner. This section is for lawyers who are curious most the particular obligations of the Urban center and the vehicle owner.

Y'all are not responsible for the US Mail service. You are not responsible for City's claims that information technology sent you a citation. If y'all see a citation in the mailbox, you are not responsible to deliver the alphabetic character to the vehicle owner. All these things are the metropolis's obligations under law. And if anyone receives the post, no i is legally obligated to read the mail.

Notification - U.s.a. Mail service vs Personal Service

SafeLight programs deliver the citation past beginning-class mail. The correct way to notify the perp is past personal service. The Court sends a guy to your house who asks who you are and then says, "Yous have been served." Personal service is an choice in the red low-cal photographic camera laws. Simply carmine-light camera companies rather mail the citation and count on the gullible to crumble under threat and pay the citations. Paying for personal service takes the profit away from the scheme. You exercise non have to turn yourself in. You practise not have to acknowledge these messages.

Safelight does not know whether you received the commendation. Sending the citation to an address differs from personal delivery. SafeLight mailing a citation to an address does not guarantee that you personally receive information technology. By both civil and criminal procedure, the city must prove you personally received the citation. Information technology is non your responsibleness to prove that you did not receive it. You are not responsible for SafeLight'southward data processing section. You are not responsible for the The states Postal Service. You cannot be responsible to receive/accept unexpected notices. Unlike credit menu bills, SafeLight citations come up unexpectedly. You may exist on vacation. You may be in the army and deployed. It is impossible for you to personally bargain with unexpected notices that impose deadlines and punishments from parties who practise not confirm that you received the notice. Too yous are non responsible for people who intercept the mail. Your child or married woman may accept thrown out the letter of the alphabet. Your canis familiaris may have eaten it.

The presumption of your innocence, a 600 twelvemonth old precedent, applies though SafeLight extorts you lot to retrieve otherwise.

Here is the police force:

The Session law makes it articulate that the City'due south obligation does non stop at simply "mailing an accost a commendation." It makes it clear that the Metropolis's obligation extends to assuring that the "vehicle possessor is given notice". If you are going to ignore your citation, you must truly ignore information technology. Do not respond to the original citation. Practice not respond to the penalty notice. Wait until SafeLight makes the next move (see below for what that is). Brand certain that when you respond, you respond 90 days after the declared date of violation.

Many people are concerned about the obligations the Session Law assigns to the Urban center and those it assigns to the vehicle possessor. The Session Law is not articulate in this matter (purposefully), so one has to dissect the Law to understand information technology:

The Session Law describes a three-role transaction. The police obligates the Metropolis to exercise the starting time ii parts. The third part is the possessor'southward responsibility and contingent upon the City'southward fulfillment of the first two.

1. The City has to "post the notification to the address on the motor vehicle registration."
2. "The vehicle owner has to be given detect." The grammar "is given notice" is a passive vocalisation construct purposefully used to obfuscate responsibility. The passive vocalization begs the question, "Who must give notice to the vehicle owner?" It must exist the City because the vehicle possessor cannot give himself notice of something unknown to him, and the only other party in this transaction is the Urban center. Therefore the police obligates the Urban center to ensure that the vehicle owner receives the notice.
3. Contingent upon the City fulfilling 1 and 2, then the Session Law obligates the vehicle owner to either pay, fink on the commuter, get a hearing, or in Raleigh, mail in the "It wasn't me" affirmation.

The Session Police itself affirms this interpretation. The fact that the law contains the 90-day provision affirms that sending to an accost and receiving by a person are not equivalent, that the onetime happened but the latter did not.

Knowing the obligations of both parties exposes the illegality of this Session Constabulary. The Session Law violates higher law. It violates the due procedure clause of Amendment Fourteen of the US Constitution. For fifty-fifty while the Metropolis has not fulfilled its obligations, the State constabulary allows the Urban center to prematurely convict the vehicle owner, injure him past removing his legal rights and report him to a collection agency. Such is what happens in Raleigh, Fayetteville and Wilmington. The Cities do not confirm that the vehicle owner received find but punish the vehicle possessor as if he did. The City skips the confirmation process and thus violates the procedure due the vehicle owner. A violation of the 14th Amendment.

This breach of law manifests itself when the vehicle owner goes to the bank to get a loan and finds that the bank has increased his interest rate. The owner sees that "ACS Raleigh" hit his credit tape only doesn't know who ACS Raleigh is. The same problem happens in many States. In Florida, vehicle owners get their drivers' licenses suspended and don't even know it.

Information technology is adequately common that people never receive a citation yet have been convicted. And then when you face up the SafeLight role, be courageous. Here are reasons I have heard why one never received notice:

1. Many people are on vacation and never receive the mail until it is besides late.

2. Many people are in the procedure of moving, and the mail does non become forwarded to them.

three. Spouses separate for an impending divorce. The spouse remaining in the house does not forward the mail service to the spouse who fled.

three. Many people discover that these citations look similar junk mail/scam letters and throw them out.

4. Many people accept family members opening the post. Your spouse or child may take simply thrown away the citation.

If Safelight existent wants its money legitimately, Safelight can serve you ceremonious notice the quondam fashioned way--by dispatching a person who easily y'all the commendation.

Expectation when Ignoring a Commendation by Urban center

Raleigh

Prior to 2015, we knew that "ACS Raleigh" hit your credit tape if you ignored your commendation. A credit report from TransUnion (a credit reporting bureau) volition reveal a line saying, "ACS Raleigh" at "212 Wolfe Street Raleigh, NC 27601." ACS is the private company (at present chosen Conduent) who owns Raleigh'due south reddish light cameras.

Afterwards 2015, we do not know of a single red-low-cal camera company or city that volition try to hit your credit records. Like nosotros said in the section higher up, hitting your credit record is an empty threat. If a striking appears, call TransUnion to remove it.

The legal definition of debt is:

fifteen U.South. Lawmaking Section 1692A. Black's Constabulary Dictionary goes into more item.

While the North Carolina State Session Constabulary 2001-286 allows ACS to regard the fine as a debt, the U.s. Code does not. The wording in the NC State Law contradicts the higher law. (Red low-cal photographic camera companies routinely introduce these change-of-definition deceptions.) A red light camera fine is not "an obligation to pay coin arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes." The fine is not a judgment: No court or other tribunal has resolved a controversy and determined the rights and obligations of the parties.

At that place also remains the matter that you were never served a find. A ruby-light camera visitor mailing yous a fine without requiring your own signature to indicate you received the observe, then assuming that you have received the discover, violates civil procedure and section 1 of the 14th Amendment of the United States. The NC Session Constabulary requires that you receive notification before the fine becomes legal and ACS does non provide the instrument by which it can verify your notification.

In the terminate in that location are no grounds for a red-low-cal photographic camera company to collect. As information technology has been reported to us and verified by Section E(ane)c of this Assurance document, a call to TransUnion and filling out their on-line dispute grade will remove the blemish from your record. Here is a letter yous can attach to the dispute form. One person had the issue resolved within minutes. Another person called John Sandor, the director of the Safelight Raleigh, and Sandor called TransUnion and had the black-mark removed.

Legally TransUnion has 30 days to reply.

If Safelight program in whatever city tries to get you to pay the citation by revising the due date on your commendation, that is illegal. Wilmington is notorious for this. Safelight Wilmington has overstepped the Country enabling statute. If yous receive the citation 90 days after the violation, by enabling statute Session Law 2003-380, the citation is void.

Fayetteville

If you ignore a Fayetteville citation, we know that the City of Fayetteville volition eventually give your commendation to a law firm drove agency in Texas. The proper name of the law business firm is Linebargar, Goggan, Blair & Simpson. The "beak" it sends you is illegal. And the amount of coin Linebargar adds to the fine violates NC law. Practice not pay it. Do non respond to information technology. In the finish, the bills are empty threats.

Wilmington

If you ignore a Wilmington commendation, we know that the Metropolis of Wilmington will eventually try to garnish your North Carolina Country Taxation Refund $100.00; that is, if you have a refund coming. The City of Wilmington uses a footling known law to practice this: NCGS 105-A. To preclude the Metropolis of Wilmington from collecting, either do what's in the following paragraph or do your personal accounting in such a way that you do not become a State Tax Refund.

Wilmington invented a number of contingencies in order to collect from people who claimed never to have received the citation. For example Wilmington has an prepared affirmation saying you were on an extended vacation and did non receive the citation in time. If y'all sign the affidavit, Wilmington cancels the penalties and resets the clock and makes you pay the original $50. These contingencies are illegal. You lot do not have to accept the contingency. Wilmington is overstepping Due north Carolina'south enabling statute. Statute Session Law 2003-380 calls a violation not received after xc days void. The law stops in that location. The law does non authorize whatsoever urban center to invent a contingency procedure. Do not sign such an affidavit. If Wilmington insists that y'all pay, you might have to call the constabulary and have the constabulary force the City of Wilmington to honor the police force. (Such a thing happened in the Boondocks of Cary, and the Cary Law voided the citation.)

Who is your Advocate?

The media is your best advocate. These cases of fraud are clear-cut and of public interest. Some media outlets, like WTVD Aqueduct 11, and the Wilmington Port Metropolis Daily can actually do a job on the City on the red-light camera company. However, in the end, the media has non been able to overcome the greed of the urban center councils and red-light camera companies.

Information technology is possible to go to the constabulary simply there is no long term success in this. The police force may take your ane isolated citation and force its City'southward Safelight program to abolish it, but the Metropolis volition go along defrauding the public. The City will continue to harvest money without blinking an center. Remember, the police force work for the city.

The NC State of Bureau of Investigation is not your abet. The Chaser General is not your abet. They do not become involved in local law matters. The SBI's proposition is to contact the media or vote your metropolis council out of office.

Fighting the Engineer

The existent fight is here. NCDOT traffic engineers are the trouble. All of them. Traffic engineers are in denial amount their applied science error. To listen and to sympathise the physics of their ain equation means confessing to 57 years of causing crashes and punishing millions of innocent drivers with citations. Because the traffic engineers do not listen, 1 would unremarkably seek remedy with the State's Lath of Engineers. The Board'due south responsibility is to discipline engineers for misapplying physics. Literally misapplying physics is against the law. Merely information technology turns out that the Board is not willing to address this problem. The Board defers the problem to the the "traffic industry", only that makes the Board complicit. The Lath'southward excuse is that it only disciplines engineers when the violate the "standard of intendance" in the industry. The trouble is that misapplied math equation is a "standard of care" which violates the North Carolina State Statue which defines technology practise.

N Carolina laws for legal red light photographic camera performance require the yellowish light durations to be in total compliance with the MUTCD: "The yellow alter interval must be set according to technology practices", and that the traffic engineer must accommodate to NCGS 89C which defines engineering practices as the "awarding of the physical sciences".

The engineer misapplies the physical sciences when setting the yellow change interval. He sets information technology by the wrong physics equation. He thus commits engineering science malpractice.

MUTCD

Violation 1: Steady Yellow Duration Shorter Than Traffic Signal Program

All yellow light durations in North Carolina neglect the MUTCD. MUTCD Sec. 4D.26-01 requires yellowish change interval to be a steady yellow low-cal. "Steady" is the cardinal word. The law requires the steady yellow change interval to be at least as long as that written on the signal plan. Simply NC traffic engineers never account for bulb illumination time. The signal plan may say four.v seconds, but the steady part of that yellow time is virtually four.3 seconds. North Carolina traffic engineers always short the xanthous light past almost 0.two seconds. Engineers counter this claim proverb that the bulbs are LEDs. But more often than not the LEDs are not the source of the filibuster. Information technology is the rectifier circuit before current reaches the bulbs which is responsible. The 0.2 second accounts for virtually 30% of the ruddy calorie-free photographic camera acquirement. This video illustrates the trouble.

Violation 2: Yellow Not Aforementioned Elapsing Post-obit Protected and Permissive Greenishs

N Carolina traffic engineers neglect the MUTCD when setting the duration of left-plow yellowish arrows on those left turn approaches which accept both a protected and a permissive green phase. When traveling downwardly a left turn lane, sometimes y'all get a green pointer. That green arrow is called a protected green: y'all have the correct-of-way. Other times you lot get either a solid green brawl or a flashing yellowish arrow. The solid green brawl or the flashing xanthous is called a permissive green. You can go if you can merely y'all practice not accept the right-of-style. The NCDOT traffic engineers neglect the MUTCD for left turn approaches that have both a protected and permissive stage. The yellow following these phases must exist the aforementioned duration (MUTCD 4D.17-07, 4D.26-09, 4D.04-3B, 1A.thirteen-258). They practice not. NCDOT typically sets the yellow duration after a protected green to 3.0 seconds and the one later on the permissive green to 3.viii seconds (35 mph road) or 4.five seconds (45 mph route). The yellows durations differ during the low-cal bike for the same yellowish light--a straight violation of a MUTCD standard.

Violations of a MUTCD standard are winnable in courtroom. We did not file complaints on these MUTCD violations in Court because nosotros did not know about them at the time of the trial. For our trial, nosotros complained about violations of NCGS 89C.

NCGS 89C

Every US Land and Canadian Province has a clause like "the engineer must know the special knowledge of the concrete sciences to exercise his engineering work." It is the engineers' failure to empathize physics which is the root of the ruddy light camera trouble--which explains why the red light photographic camera industry exists. We explicate this trouble in the papers on the home page of this web site. A good summary of the problem is in the Oct/Nov 2013 issue of Traffic Technology International.

Though it should exist just a thing of fixing a uncomplicated physics mistake, information technology turns into a matter of fixing a traffic engineer's ego. That is much more than difficult. When confronted with the possibility of making such a mistake, traffic engineers are instantly dismissive. Some are hostile. "We are correct because we accept been doing it this mode for 50 years. Who are you lot to tell us nosotros made a mistake? Are y'all a licensed professional engineer?" Yet at the aforementioned time not one traffic engineer knows the physics behind their formula. Some of the traffic engineers do not even believe that physics is true. Their depositions testify.

It is true that a handful of engineers are humble. Simply when confronted they say, "I take to do what the NCDOT tells me to do. Any design change I brand has to be approved by NCDOT in Raleigh." This is the devil-fabricated-me-do-information technology defence force. This defense is likewise a lie. Past State law, it is the licensed professional engineer, personally, who has say-so over the NCDOT.

Taking Physics to Court

We took the physics bug to court. Wake County Superior Courtroom struck the laws of physics. Specifically the Courtroom used a city ordinance to trump the laws of physics.

In Court it is about culpability, non responsibleness. Nosotros sued the Town of Cary, the culpable party who harvested $seven 1000000 from innocent drivers. But the people who are responsible for the problem are traffic engineers. The approximate would not hold Cary responsible. The Court did non refute the physics errors. Information technology just wouldn't hold Cary responsible for them. Cary pointed its fingers at the NCDOT and told the states to sue the NCDOT instead.

The Court ruled in favor of Cary. The Courtroom did not brand us pay Cary'south legal fees. Cary also "voluntarily" terminated its ruby-red light photographic camera program.

It should exist clearly expressed to yous that neither traffic engineer nor Board of Engineers always offered a refutation to the physics we nowadays. And in March 2020, the national organisation Institute of Transportation Engineers (ITE), whose bad math the NCDOT uses to the yellow light, admitted that its equation is incorrect. ITE changed the equation. See the home folio for details.

Sign up for an Administrative Hearing

If you pay $l without appealing your commendation, you are guilty in the eyes of the constabulary. You have confessed. You forfeit all legal rights. Yous tin can neither appeal your case in Superior Court nor file a law suit.

It is possible to fight Metropolis Hall?

If you are the possessor of the machine simply were not driving at the time and location of the citation, yes. You can fight City Hall and win. This is how y'all do information technology: Without claiming in whatever style that y'all were the driver of the car, sign upward for a hearing. When you lot go to the hearing, say that you are the owner of the automobile but were not driving at the time and location on the citation. Do not say annihilation more than than that. Let your lips be sealed. If the Hearing Panel convicts you lot, so pay the $50 fine and y'all are now in the legal position to bring a grade action lawsuit against the Metropolis. Call us. With your involvement we can sue Raleigh for millions of dollars. This "possessor non driver" outcome can exist won.

If you file a lawsuit confronting Wilmington for not giving xc% of gross penal fines exclusively to the schools, then y'all tin fight City Hall and win. Wilmington has overstepped its enabling statutes by entering into a contract with the New Hanover County for the latter to kick back costs for the city's red light photographic camera plan. New Hanover County is the funding source of the schools. It is archetype money laundering. In the end, Wilmington is not giving 90% of gross penal fines exclusively to the schools. The school's funding agent is giving Wilmington dorsum $200,000.00/year. It is a negotiated bribe in order to collude together to violate the NC Constitution and NCGS 115c-437.

If you lot merits that "I just could not finish or the yellow did non final long enough", or "it was raining" then you lot are taking the punishment for physics errors made past the traffic engineer who signed and sealed the signal programme for your intersection. Todd Platzer, a resident of Wilmington, filed a small merits for $50 against the traffic engineer Pamela Alexander. Ms. Alexander got the math wrong. Mr. Platzer just wanted to run across what would happen. Ms. Alexander, an ex-employee of the NCDOT, got the State Attorney General to defend her. Now the AG is defending engineering malpractice. This crazy confrontation only occurred because the NC Lath of Engineers refuses to meet its obligation to subject its own engineers. In the adjacent round, one is going to have to sue the Board of Engineers.

In Fearrington vs City of Greenville, Paul Stam (chaser for Fearrington) presented the engineering problems to the NC Appellate Courtroom. The Courtroom would not make decisions regarding the engineering bug. The Courtroom said just that just the Lath of Engineers and the municipalities have the authority to accost such problems. The Court said that a civil litigant does not have the authority.

This ruling exposes a deeper problem in North Carolina: 1) the Board of Engineers upholds illegal standards of care, and ii) the municipalities profit from the engineering malpractice. The Cities want engineering malpractice to make money.

Even when the Board of Engineers decreed that the out-of-state visitor Verra Mobility has been practicing technology without an applied science license, drafting and implementing engineering plans in 3 cities without a professional person engineer's certification, and thus all cameras in all these cities were installed illegally, the municipalities kept their red-light camera programs running anyway. The City ignored the law. The urban center'southward argument is, "The functioning of the cameras has zip to do with their installation." The counter-argument is this. A city fires a person for impersonating a constabulary officer; withal, the Metropolis allows the person to continue writing tickets to make money for the Metropolis.

Raleigh Intersection Bug

There are many engineering issues at all intersections with ruby light cameras. That is why the red lite cameras are there--to exploit the engineering problems. Raleigh has made many mistakes setting yellow light times at all intersections. There exists problems mutual to every intersection. There exists problems specific to an intersection. We accept analyzed just iii intersections and so far in Raleigh: Here are their specific engineering failures which Raleigh financially exploits at your expense:

We know that NCDOT engineers never measure approach speeds equally required by their ain spec. Engineers are supposed to ready yellow calorie-free durations according to the speed of 85th percentile of freely-flowing auto speeds, not the posted speed limit. We have not seen a single traffic signal programme where the NCDOT does this. We have measured approach speeds and they accept always been greater than the posted speed limit.

Nosotros know that for some intersections Conduent posts yellow times shorter than that of the signal. On Peace at Due west street, Conduent says the time is iii.79 seconds. The signal plan says the time must be 3.viii seconds. This shortfall violates SL2004-141, and the operation of the scarlet light photographic camera is illegal.

We also know that at some intersections, Raleigh's Conduent red light camera software prints imitation yellow times. The printed times are significantly longer than the signal gives, giving the impression that Raleigh gives yous more time than they really do. For instance at Dawson @ Morgan, the printed yellow fourth dimension is four.one seconds just the actual xanthous fourth dimension is three.viii seconds. 0.three seconds is the difference between fifty citations per month and 150 citations per month.

Safe

Raleigh advocates decease for its motorists. On Raleigh's web site, there is a section called "Cherry Low-cal Cameras is Other Cities." Raleigh uses the Insurance Found of Highway Safety (IIHS) to justify its cerise lite camera program. Only IIHS studied Raleigh specifically and reported (p. 14) that the presence of red light cameras increased fatalities in Raleigh by 180%.

Wilmington has the same problems equally Raleigh.

For a hearing, call:

Raleigh Safelight (owned by Xerox)	919-833-2549
Wilmington Safelight (endemic past Verra Mobility)	910-343-4762
Greenville Safelight (owned by Verra Mobility)	866-790-4111
Fayetteville Safelight (owned by Verra Mobility)	910-229-3340

What is Your Defence?

If yous sign up for a hearing in Raleigh you lot have to write down the reason why you feel you lot are innocent. Either say, "I am not the driver at the time and location on the commendation" or write the post-obit. It is truthful.

"[Urban center] has created a dilemma zone at this intersection. I was in it when the light turned yellow. [City] forced me to run a red calorie-free."

When you become to the hearing, face the hearing panel and defend yourself with:

"All intersections have a dilemma zone considering the NCDOT formula for yellowish light durations sets xanthous lite durations which oppose the laws of physics. In order for me to obey the police force, I accept to break laws, unbreakable laws--the laws of physics. I cannot do that. Adjust your yellow light durations and so that they are consistent with the physical laws of motions. And then guess me."

Additionally if you are a commercial truck driver, say "I need 2.five second perception/reaction fourth dimension for my rig and 0.v seconds air-restriction lag time. That is what the NCDOT CDL Manual requires for truck drivers. Your 3 second left turn xanthous leaves me admittedly no fourth dimension to brake." If you did not plough left, say, "You shorted me 1.5 seconds on the yellow. I am innocent. And you better increase your yellow calorie-free elapsing else I am going to kill someone and charge the City with wrongful expiry."

Common Law Effect

The United states of america adopts the common law practice that "You are innocent until proven guilty."

Photo-enforcement states that "You are guilty unless you blame someone else."

NC Constitution Issues

NC Constitution

NC Constitution, Article 9, Department 7 combined with NCGS 115C-437 requires that ninety% of gross penal fines must become exclusively to the public schools. The Constitution says that clear gain must get exclusively to the public schools. 115C stipulates the ninety%, establishes that . . .

clear proceeds = gross penal fines - cost of collections

and puts a ceiling on the price of collections at 10% of gross penal fines. If a City fines a person $100, $90 must go to the public schools. The remaining $10 can be used to pay collection costs. If collection costs exceed 10%, the City must fund the shortfall from its own coffers. Shavitz vs the City of High Betoken, an NC appellate courtroom instance, upheld this. Shavitz vs the City of High Point besides upheld that 100% of enforcement costs must exist funded from the city'southward coffers.

• "What is the difference betwixt enforcement and collection costs?"

Enforcement costs are costs directly associated with enforcing the law; for example, the salaries of policemen, or the cost of surveillance equipment like red calorie-free cameras. The price of collections is the cost of getting the coin from the convicted. That would be things similar the cost of computers which tally the citations, the toll of mailing out citations, the price of authoritative hearing panels personnel and the cost of hiring personnel to process the collection operations.

• "What is wrong with government making profit from criminals?"

It is a disharmonize of involvement. Government has the ability of regime to make criminals. If the regime allows itself to go along a pregnant portion of the fines, then it gives itself a lucrative incentive to make equally many criminals equally it tin can. Fifty-fifty when the government cannot profit, excessive collection costs however profit the private concern. The intent of the NC Constitution and 115C is to kill the profit motive for all parties.

Red light cameras take excessive drove costs. In Knightdale, those costs were over 95% of gross penal fines. N Carolina cities cannot beget to pay the collection costs while dispensing the required ninety% to schools. Yet even with this bad financial dynamic, some cities notwithstanding have ruby-red light camera programs. There is Wilmington, Raleigh, Fayetteville and Greenville. How do they retain their programs?

Illegally.

Wilmington - Circumventing the NC Constitution by Money Laundering

Drove costs in Wilmington is at least the toll of American Traffic Solutions (ATS) contract. That is $480,000.00/year. Gross penal fines is near $ane,500,000.00/twelvemonth. I go out it to the reader to do the math. (Browse the link. It is $50/citation in Wilmington). ninety% of $one,500,000.00 is $ane,350,000.00. It must go to New Hanover Schools. 10% which is $150,000.00 goes to ATS. Wilmington all the same owes $330,000.00. Wilmington funds an additional $150,000.00 from its own coffers. There is still a shortfall of $180,000.00.

And now the illegal activeness:

New Hanover County has a funding agreement with the Metropolis of Wilmington to pay ATS upward to $200,000.00/year.

ane. By definition, this is a kickback. Wilmington gives $1,350,000.00 to New Hanover County Schools in turn for New Hanover County to kick back to Wilmington $200,000.00. It is a negotiated bribe whose parties collude in order to circumvent the NC Constitution and NCGS 115C-437. New Hanover Canton is the main funding source of New Hanover County Schools. The kickback, while still non assisting to Wilmington, allows ATS to profit.

(There is nonetheless a problem. The numbers do non add up. According to Donald Bennett, Wilmington Safelight Manager, Wilmington gave $790,000.00 to the public schools in 2012. This ways $88,000.00 from fines tin can be practical to the $480,000.00 ATS contract. That leaves a shortfall of about $400,000.00. Wilmington funds in $150,000.00. Still short $250,000.00. New Hanover County contributes $200,000.00. Nonetheless brusque $50,000.00. That is a problem. Where is this $50,000 reconciled? Given the contribution corporeality to the schools and given the number of citations Wilmington issued, the implication is both that about xl% of vehicles owners are not paying the fine and that Wilmington is not giving the schools the total amount due.)

• "But the schools exercise get money!"

Call up the prime business of this spider web site. Engineering science failures. The government is using its power to brand criminals. Information technology does so past shorting yellow lights forcing millions of drivers who have done nothing wrong to run carmine lights. Shorting yellow lights induces crashes. The carmine lite photographic camera themselves add to rear-finish crashes (32% more crashes in Raleigh). Funding the schools past punishing, robbing the killing the innocent is not a good way to help the children.

two. Session Constabulary SL2001-286, Wilmington'due south enabling statute for red low-cal cameras, does not enable the City of Wilmington to enact funding agreements with any party. Wilmington is overstepping its enabling statute. Simply Fayetteville'southward new police, HB1151, allows such a provision but the Greenville and NC Attorney General is being sued over this contradictory law.

Fayetteville - NC Constitution Issues

The Urban center of Fayetteville reestablished their cherry-red calorie-free camera program. In order to circumvent the same financial deal-breaker, Fayetteville added Section three to their version of the State pecker which allows Cumberland Schools to kick back money to fund Fayetteville's photographic camera plan. The boot back clause, even if it is voluntary by the schools, nonetheless conflicts with higher law: NC Constitution Commodity IX, Section 7. The Constitution still says that the money must go "exclusively to the do good of schools". The agreement is a negotiated bribe fifty-fifty when written into a lesser police force. Its sole purpose is to allow the parties involved to collude confronting the college police force.

Greenville - NC Constitution Issues

Greenville has the same problems as Fayetteville. Greenville modeled its programme after Fayetteville's program.

Raleigh - NC Constitution Issues

Raleigh violates the NC Constitution and NCGS 115C-437 as well. What makes Raleigh different is Wake County's ain flavor of the ruby-red light camera law. The County law redefines "clear proceeds" to include "leasing equipment and paying the vendor". But the redefinition opposes those already established under higher laws and courtroom decisions.

Fact and a Piece of Communication

Fact. Your accuser is the traffic engineer. Your accuser is non the metropolis. Your accuser is not the police. Your accuser is not even the red light camera vendor. It is the traffic engineer who "signed and sealed the traffic signal program for your intersection." While city, police and vendor indeed helped put the citation in your hand, it is the traffic engineer who is legally at fault and is financially liable for your commendation.

Advice. My advice is that y'all entreatment your commendation then sue the traffic engineer in federal courtroom. The traffic engineer is violating a federal document, the MUTCD. Do not waste matter time arguing with the local government. Authorities is the tip of the iceberg:

Source: http://redlightrobber.com/red/raleigh-wilmington-fayetteville.html

Posted by: monsourguideare.blogspot.com

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