ACLU-MN: Special arraignment calendar set for challenging “photo cop” citations
The ACLU-MN has been challenging the constitutionality of the Minneapolis “photo cop” law, and Hennepin County has set a special arraignment session on May 5, 2006, for anyone with a “photo cop” citation who wants to await the outcome of the challenge.
The challenge is based on the fact that the red light cameras do not photograph the driver. The ordinance, however, establishes a presumption that the owner is driving the car. Therefore, the prosecution does not have to prove that the owner actually committed the crime. This is patently unconstitutional, although the county prosecutor is vigorously opposing the ACLU-MN’s challenge.
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