Star Tribune: “Photo Cop Hits Red Light”
District Judge Mark Wernick shut down the Minneapolis red-light cameras yesterday, deciding that they shifted the burden of proof to the defendant, rather than leaving it where it belongs, with the state.
The Minneapolis ordinance established a presumption that the owner of the car was the driver. The owner was therefore responsible for the fine unless he or she pointed the finger at someone else. This seems to fly in the face of the “innocent until proven guilty” standard, together with a defendant’s right to remain silent. In Minneapolis, the owner of a car spotted running a red light would be held responsible whether the city proved they were driving or not.
I’m sure this issue will be appealed, but I don’t think Minneapolis will have any greater luck at the Court of Appeals or the Minnesota Supreme Court.
[...] The district court shut down the red light cameras and overturned the “photo cop” citations on the grounds that the law unlawfully shifted the burden of proof from the state to the owner of a car caught on tape. The Court of Appeals essentially supported the district court’s ruling, finding fault with the way the law forces the defendant/owner of the vehicle to either confess or point the finger at someone else. [...]