Where Are There Red Light Cameras Nc

Raleigh, Greenville, Fayetteville & Wilmington

Never Pay

Detect: Seeking Plaintiffs for Wilmington and Fayetteville

We are starting a lawsuit against Wilmington and Fayetteville. We demand plaintiffs who received a red calorie-free camera ticket. To be a plaintiff, you must have legal standing. To accept legal standing, you must appeal your ticket and lose the appeal. Therefore, sign up for an administrative hearing. At the hearing, merits 1) that 90% of gross penal fines are not going to the public schools, two) that the city cannot enact a local health law, 3) that the yellow light is likewise curt, and 4) that the red-light cameras take been installed by a firm not licensed to practice technology. Later the hearing is over, the city must notice you lot guilty. Guilty is expert in this instance. You must pay $50 (Wilmington) or $100 (Fayetteville). Do these things and you have legal standing. Call 919-815-0126 for more info.

You practise not accept to pay any cerise-light photographic camera citation in North Carolina. Paying a ticket in N Carolina has ever been voluntary. There are no repercussions for not paying your citation.

Your instructions are these: The best thing to do with a red-light camera commendation in Due north Carolina is ignore information technology. Throw out the citation. Throw out whatsoever penalty notice you lot receive after. Ignore letters from collection agencies. These citations, penalty notices and letters from collection police firms are extortion. Empty threats. Extortion is the "practice of obtaining something, specially money, through force or threats." The threats cannot exist enforced:

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

The city can not prevent you from renewing your driver's license.

The city can not prevent yous from renewing your motorcar registration.

The metropolis cannot hit your credit record. If a blemish appears on your credit, call the credit report agencies and they will remove it. Despite the diction of Northward Carolina State law that declares a blood-red lite camera punishment 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 money or services. Therefore, your credit cannot be blemished for a simple reason: No one issued you lot credit.

The city cannot sue you because the city has no legal standing to sue. In both civil and criminal procedure, the plaintiff has to proper name the accused. Neither city nor camera company can proper name the defendant. All they accept is a motion-picture show of a license plate. In order for the city begin litigation, you showtime have to confess that you ran the red light. Do non confess to running the red low-cal. Do not confess to receiving the mail. You are not obligated to confess to anything. Despite what the blood-red-light camera law says, y'all are not obligated to be a posse for the City by ratting out yourself or someone else.

Too, to be a plaintiff in a lawsuit, the plaintiff must have been financially or physically injured and the plaintiff must be an private or a corporation. For instance, you admit driving the car. Did you injure the corporation of Greenville? Did yous steal money from the corporation of Greenville? Are y'all belatedly paying your water bill? Simply these kinds of infractions can exist brought to court and only in a civil process. Merely running a cerise lite is a criminal act. Running a blood-red-light is against the public, not a corporation. Greenville cannot claim you injured the corporation of Greenville. Greenville can only claim y'all "injured the public". Just injuring the public is a criminal procedure, not a ceremonious 1. And then Greenville cannot sue yous in civil courtroom.

Illegal penalties. For Greenville and Fayetteville, add a $100 late fee. That is illegal. State constabulary puts a cap on the vehicle possessor'due south total liability at $100. The maximum tardily fee is $20, but the total liability cannot exceed $100.00. Greenville and Fayetteville invented the "additional" $100.00. It is like some stranger coming upwardly to yous and saying, "Requite me $100 because I say so." Nosotros besides know that Fayetteville will manus the citation over to a collection bureau in Texas. The agency demands $400. Ignore information technology.

For rental car and leasing agencies, throw out all the citations. Nothing can happen to y'all.

For commercial trucking and bus companies, throw out all the citations and do non punish your drivers.

The racketeering scheme begins when traffic engineers violate 23 CFR 655 MUTCD 4D.26(3) with NCGS 89C-3(6). Traffic engineers create a red-light running trouble. By errors and omissions in the field of physics, traffic engineers cause every commuter to run reddish lights. Over a period of a twelvemonth, every driver will run a red light about a dozen times. lxx% of these red calorie-free incursions happen within one 2nd. The errors in physics are so bad for sure traffic movements that the errors will cause a driver to run the light up to 5 seconds.

On March 2, 2020, the Institute of Transportation Engineers (ITE), the private company that DOTs rely upon to found federal guidelines to establish xanthous calorie-free durations, confessed that its 55 year-old guideline has been wrong. On March 2, 2020, ITE replaced its practice with a new one--a practice that gets the physics correct, and hence when adopted by DOTs, will reduce red-light running by about 90%.

So when you get the citation, information technology is but all-time to trash it. Trash all subsequent emails. If yous feel y'all must respond, y'all can send an "affidavit of non-responsibility" if it applies. But retrieve, replying identifies that you received the citation. By replying, y'all set yourself up and gave the red-light photographic camera company the means to pursue.

United states Constitution

Professor Adam McLeod of Faulkner University Law Schoolhouse wrote the definitive article on the unconstitutionality of photo-enforcement programs.

Affidavits of Non-Responsibility

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

If you received the commendation from Raleigh and you are the owner of the vehicle but not the commuter, use the Land-sanctioned affidavit to not pay while not disclosing the name of the driver. See "Owner But Not Driver" below.

If you received the citation from Fayetteville and you are the owner of the vehicle but non the driver, utilize the Fayetteville-sanctioned affidavit to not pay while not disclosing the name of the driver. Run into "Owner But Did Not Give Driver Permission. - " below.

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

If you received the citation from Wilmington, your only selection is to ignore the citation. See the "Ignoring Your Commendation" below.

If Raleigh, Fayetteville, Greenville or Wilmington claims information technology sent a citation to your address but you personally did not receive and/or open the citation inside xc days later the City claims you ran a ruby-red calorie-free, do not pay your penalty. Practise non succumb to any of the Urban center's illegal affidavits to force y'all to pay after-the-fact. Apply the State-sanctioned 90 day affidavit:

Owner But Non Driver

For Raleigh . . .

If you are the owner of the vehicle but were non driving at the time and location on the citation, exercise not pay. Do not divulge the driver's name either. You lot have another choice which the commendation conceals. You can legally write, "I was not driving at the fourth dimension and location on the citation." Sign the affidavit below and The states mail it with commitment confirmation to the mayor. Once Raleigh receives your letter of the alphabet, Raleigh may send you a dismissal letter. Since 2016, Raleigh stopped sending the dismissal letter. It does not affair whether you receive a dismissal letter. Just do not pay. The instructions are in the affidavit.

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

You tin can settle the possessor-non-driver event directly with SafeLight Raleigh. You can walk into the SafeLight Raleigh office and ask for the owner-not-driver affirmation. SafeLight has prepared an affidavit for this purpose. SafeLight does non annunciate this. With only a citation in hand and had non come to this web site, y'all would not know of the possibility.

Owner Who Did Not Give Driver Permission

For Fayetteville . . .

If yous are the owner of the vehicle, you lot were not driving and you did not give the driver permission to drive your automobile, do not pay. You do not take to divulge the driver's proper noun either. The citation commits fraud in many ways: Fayetteville Ordinances Section 16-153. Yous can say, "I was not driving at the fourth dimension and location on the commendation and I did not give permission to the driver of my vehicle to drive my vehicle at the fourth dimension and location on the commendation." Sign the affidavit below and US postal service it with delivery confirmation to the Urban center of Fayetteville, SafeLight Program. Farther instructions in the affidavit.

Do Not transport $100 with your affidavit. Forcing you to pay up front in order to defend yourself is illegal by federal and land police. The violation of federal law is that over due process: paying the civil fine upwards front does not require the city to meet its burden of proof. The criminal offense against North Carolina constabulary is one of overstepping the general statute. The statute does non require information technology.

Ignoring Your Citation

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

In all cases, you do non take to admit to any party that you received the citation. Just because the carmine light photographic camera may have sent you a citation, does not mean y'all received it. Tell them similar they like to tell you, "I am non responsible for the The states Mail." If you desire the coin and then desperately, then serve me face-to-face.

Commendation Arrives After 90 Days

If you lot receive a citation over xc days after the time of violation, in all of North Carolina you are not responsible for paying a red low-cal photographic camera citation. Below are the 90 twenty-four hours affidavits.

Yous are likewise not responsible for telling the city/red calorie-free camera company where you were or why you did not receive your citation. Do not acknowledge that you received one if you did. Exercise non let the city to reissue you a new citation. Do not succumb to the city's deceptive act of "grace" of removing the penalization charge if you now pay it. Yous do non have to pay this citation in the beginning place.

Raleigh: Session Police force 2003-380 Section 3(d)(two)

Wilmington, Fayetteville, Greenville: NCGS 160A-300.1(c)(two)

Credit Reporting - Extortion

Cerise light camera vendors and Cities cannot hit your credit record over a red light photographic camera commendation. Read section IV. Eastward(i)c of the reporting agencies' Assurance of Voluntary Compliance. This certificate assures that credit reporting agencies obey the federal Credit Reporting Act (CRA). Many citations comes with the threat they will manus your citation over to collections. That threat is extortion -- a crime. The so-called drove agency cannot collect.

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

Be wary of Fayetteville. Fayetteville will send your unpaid citation to Linebargar, Goggan, Blair & Simpson--a police firm specializing in collections working out of Texas. Fayetteville and Linebargar pause 2 laws doing this. They treat the citation as a "debt" which it is not according to federal definition and top of that, the law-firm will jack upwards the $100 ceremonious punishment 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 commendation, the City first has to notify the vehicle possessor. This department is for lawyers who are curious virtually the detail obligations of the City and the vehicle owner.

You lot are not responsible for the United states of america Mail. Y'all are not responsible for City's claims that it sent you a citation. If you see a citation in the mailbox, yous are not responsible to deliver the letter of the alphabet to the vehicle owner. All these things are the city'southward obligations nether law. And if anyone receives the mail, no one is legally obligated to read the mail.

Notification - US Mail vs Personal Service

SafeLight programs deliver the citation by outset-course mail. The correct style to notify the perp is past personal service. The Court sends a guy to your house who asks who you lot are and then says, "You lot have been served." Personal service is an option in the red light camera laws. Merely red-low-cal 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 turn a profit away from the scheme. You do non have to turn yourself in. Yous practice non have to acknowledge these letters.

Safelight does not know whether y'all received the citation. Sending the citation to an address differs from personal delivery. SafeLight mailing a citation to an address does non guarantee that you personally receive it. By both civil and criminal procedure, the city must prove y'all personally received the citation. It is not your responsibleness to show that y'all did non receive it. Y'all are non responsible for SafeLight'southward information processing section. You are not responsible for the US Postal Service. You cannot exist responsible to receive/accept unexpected notices. Dissimilar credit carte du jour bills, SafeLight citations come unexpectedly. You lot may be on holiday. You may exist in the regular army and deployed. Information technology is impossible for you to personally bargain with unexpected notices that impose deadlines and punishments from parties who do non confirm that you received the notice. Also you are not responsible for people who intercept the mail. Your child or wife may have thrown out the letter. Your canis familiaris may have eaten it.

The presumption of your innocence, a 600 twelvemonth former precedent, applies though SafeLight extorts y'all to think otherwise.

Here is the law:

The Session law makes it clear that the City's obligation does not finish at just "mailing an accost a citation." It makes it clear that the City's obligation extends to assuring that the "vehicle possessor is given notice". If you lot are going to ignore your citation, you must truly ignore it. Do not respond to the original commendation. Do not answer to the penalty notice. Expect until SafeLight makes the adjacent motion (see below for what that is). Make certain that when you respond, yous respond 90 days subsequently the alleged date of violation.

Many people are concerned near the obligations the Session Constabulary assigns to the City and those it assigns to the vehicle possessor. The Session Law is non articulate in this matter (purposefully), so one has to dissect the Law to understand information technology:

The Session Police describes a three-role transaction. The law obligates the Metropolis to do the first two parts. The third role is the owner's responsibility and contingent upon the City'south fulfillment of the first two.

1. The Metropolis has to "post the notification to the address on the motor vehicle registration."
2. "The vehicle owner has to be given notice." The grammar "is given notice" is a passive vox construct purposefully used to obfuscate responsibleness. The passive voice begs the question, "Who must requite notice to the vehicle owner?" It must exist the City because the vehicle owner cannot requite himself notice of something unknown to him, and the only other party in this transaction is the City. Therefore the law obligates the City 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 driver, become a hearing, or in Raleigh, mail in the "It wasn't me" affidavit.

The Session Police force itself affirms this interpretation. The fact that the police force contains the 90-day provision affirms that sending to an address and receiving by a person are non equivalent, that the one-time happened merely the latter did non.

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

This breach of police 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 but doesn't know who ACS Raleigh is. The same trouble happens in many States. In Florida, vehicle owners become their drivers' licenses suspended and don't even know it.

It is fairly common that people never receive a citation nevertheless take been convicted. So when you lot face the SafeLight part, exist courageous. Here are reasons I have heard why ane never received discover:

one. Many people are on holiday and never receive the postal service until it is also tardily.

2. Many people are in the procedure of moving, and the mail does not become forwarded to them.

iii. Spouses separate for an impending divorce. The spouse remaining in the firm does not forward the mail to the spouse who fled.

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

four. Many people have family members opening the mail. Your spouse or child may accept simply thrown away the citation.

If Safelight real wants its coin legitimately, Safelight tin can serve yous civil notice the one-time fashioned way--by dispatching a person who hands y'all the commendation.

Expectation when Ignoring a Citation past Urban center

Raleigh

Prior to 2015, we knew that "ACS Raleigh" hitting your credit tape if you ignored your commendation. A credit report from TransUnion (a credit reporting agency) will reveal a line proverb, "ACS Raleigh" at "212 Wolfe Street Raleigh, NC 27601." ACS is the private company (now called Conduent) who owns Raleigh'southward carmine calorie-free cameras.

Later on 2015, nosotros do not know of a single ruby-red-calorie-free photographic camera company or city that volition attempt to striking your credit records. Like we said in the department above, hit your credit record is an empty threat. If a hitting appears, call TransUnion to remove it.

The legal definition of debt is:

fifteen U.Southward. Lawmaking Section 1692A. Black'southward Police Dictionary goes into more particular.

While the North Carolina State Session Constabulary 2001-286 allows ACS to regard the fine as a debt, the U.s. Lawmaking does not. The wording in the NC Land Law contradicts the higher law. (Red low-cal camera companies routinely introduce these change-of-definition deceptions.) A red calorie-free camera fine is non "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 non a judgment: No court or other tribunal has resolved a controversy and determined the rights and obligations of the parties.

There too remains the matter that yous were never served a notice. A red-light camera company mailing you a fine without requiring your own signature to indicate you lot received the notice, then bold that you have received the notice, violates civil procedure and department 1 of the 14th Amendment of the United States. The NC Session Law requires that you receive notification before the fine becomes legal and ACS does non provide the instrument by which information technology can verify your notification.

In the end there are no grounds for a crimson-light camera visitor to collect. As information technology has been reported to us and verified by Section Due east(1)c of this Balls certificate, a call to TransUnion and filling out their on-line dispute class will remove the blemish from your tape. Hither is a letter you can attach to the dispute form. One person had the consequence 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 plan in any metropolis 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 y'all receive the citation xc days afterwards the violation, by enabling statute Session Law 2003-380, the citation is void.

Fayetteville

If yous ignore a Fayetteville citation, nosotros know that the City of Fayetteville will eventually requite your citation to a law house collection agency in Texas. The proper noun of the law firm is Linebargar, Goggan, Blair & Simpson. The "nib" it sends yous is illegal. And the amount of money Linebargar adds to the fine violates NC constabulary. Do not pay it. Practise non respond to it. In the end, the bills are empty threats.

Wilmington

If you lot ignore a Wilmington citation, nosotros know that the City of Wilmington volition eventually try to garnish your North Carolina State Tax Refund $100.00; that is, if you have a refund coming. The Metropolis of Wilmington uses a piddling known law to do this: NCGS 105-A. To prevent the City of Wilmington from collecting, either exercise what'south in the following paragraph or practice your personal accounting in such a manner that yous do not go a State Revenue enhancement Refund.

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

Who is your Abet?

The media is your all-time abet. These cases of fraud are clear-cut and of public interest. Some media outlets, like WTVD Channel 11, and the Wilmington Port Urban center Daily can really do a job on the City on the red-light photographic camera company. Nevertheless, in the end, the media has not been able to overcome the greed of the city councils and reddish-light camera companies.

It is possible to get to the police but there is no long term success in this. The police may take your one isolated citation and force its Metropolis's Safelight plan to cancel it, but the City volition continue defrauding the public. The City will continue to harvest money without blinking an eye. Remember, the law work for the urban center.

The NC Land of Bureau of Investigation is not your advocate. The Attorney General is not your advocate. They exercise not become involved in local police force matters. The SBI'south suggestion is to contact the media or vote your city council out of office.

Fighting the Engineer

The real fight is hither. NCDOT traffic engineers are the problem. All of them. Traffic engineers are in denial amount their technology mistake. To heed and to sympathize the physics of their own equation means confessing to 57 years of causing crashes and punishing millions of innocent drivers with citations. Because the traffic engineers practice not listen, one would normally seek remedy with the State's Board of Engineers. The Board's responsibleness is to subject area engineers for misapplying physics. Literally misapplying physics is confronting the constabulary. But it turns out that the Board is non willing to address this trouble. The Lath defers the problem to the the "traffic industry", simply that makes the Lath complicit. The Lath's excuse is that it just disciplines engineers when the violate the "standard of care" in the industry. The trouble is that misapplied math equation is a "standard of care" which violates the Due north Carolina State Statue which defines engineering practice.

North Carolina laws for legal red calorie-free camera operation require the xanthous light durations to be in full compliance with the MUTCD: "The xanthous change interval must be fix according to engineering practices", and that the traffic engineer must adjust to NCGS 89C which defines engineering practices as the "application of the concrete sciences".

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

MUTCD

Violation 1: Steady Xanthous Duration Shorter Than Traffic Indicate Plan

All yellow light durations in North Carolina fail the MUTCD. MUTCD Sec. 4D.26-01 requires yellow change interval to be a steady yellowish light. "Steady" is the key give-and-take. The law requires the steady yellow change interval to be at least as long as that written on the signal programme. But NC traffic engineers never account for bulb illumination time. The bespeak programme may say four.5 seconds, but the steady part of that xanthous time is about 4.3 seconds. North Carolina traffic engineers ever short the yellow light by near 0.2 seconds. Engineers counter this claim maxim that the bulbs are LEDs. Simply generally the LEDs are not the source of the delay. Information technology is the rectifier circuit before current reaches the bulbs which is responsible. The 0.2 second accounts for about 30% of the red calorie-free photographic camera revenue. This video illustrates the problem.

Violation two: Yellowish Not Same Elapsing Following Protected and Permissive Greensouthward

Due north Carolina traffic engineers fail the MUTCD when setting the elapsing of left-turn yellow arrows on those left turn approaches which take both a protected and a permissive green phase. When traveling down a left plow lane, sometimes you become a greenish arrow. That greenish pointer is called a protected green: you have the right-of-fashion. Other times yous go either a solid greenish brawl or a flashing yellow arrow. The solid greenish ball or the flashing xanthous is called a permissive green. You lot can go if you tin can but you do not have the right-of-manner. The NCDOT traffic engineers fail the MUTCD for left turn approaches that have both a protected and permissive phase. The yellow following these phases must be the same duration (MUTCD 4D.17-07, 4D.26-09, 4D.04-3B, 1A.13-258). They do not. NCDOT typically sets the yellow duration after a protected green to 3.0 seconds and the ane after the permissive green to 3.8 seconds (35 mph route) or 4.5 seconds (45 mph road). The yellows durations differ during the light bike for the same yellow low-cal--a direct violation of a MUTCD standard.

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

NCGS 89C

Every U.s.a. State and Canadian Province has a clause like "the engineer must know the special knowledge of the physical sciences to exercise his engineering science work." It is the engineers' failure to sympathize physics which is the root of the cerise calorie-free camera problem--which explains why the blood-red lite camera industry exists. Nosotros explicate this problem 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 Engineering science International.

Though it should exist just a matter of fixing a simple physics error, it turns into a matter of fixing a traffic engineer'southward ego. That is much more difficult. When confronted with the possibility of making such a mistake, traffic engineers are instantly dismissive. Some are hostile. "We are correct because we have been doing it this style for l years. Who are y'all to tell us we made a fault? Are yous a licensed professional engineer?" However at the same time not one traffic engineer knows the physics behind their formula. Some of the traffic engineers do non even believe that physics is truthful. Their depositions testify.

It is true that a handful of engineers are apprehensive. Simply when confronted they say, "I have to practice what the NCDOT tells me to practise. Any design change I make has to be approved by NCDOT in Raleigh." This is the devil-made-me-practice-information technology defence. This defence is also a prevarication. By State constabulary, it is the licensed professional engineer, personally, who has authority over the NCDOT.

Taking Physics to Court

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

In Court it is virtually culpability, not responsibility. We sued the Town of Cary, the culpable party who harvested $seven meg from innocent drivers. Merely the people who are responsible for the problem are traffic engineers. The judge would non hold Cary responsible. The Court did non refute the physics errors. Information technology just wouldn't agree Cary responsible for them. Cary pointed its fingers at the NCDOT and told us to sue the NCDOT instead.

The Court ruled in favor of Cary. The Court did non make us pay Cary'due south legal fees. Cary likewise "voluntarily" terminated its cherry-red light camera program.

It should be clearly expressed to you that neither traffic engineer nor Board of Engineers always offered a refutation to the physics we present. 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 wrong. ITE changed the equation. Meet the dwelling house page for details.

Sign up for an Administrative Hearing

If you pay $50 without appealing your citation, you lot are guilty in the eyes of the law. You accept confessed. You forfeit all legal rights. You tin can neither appeal your case in Superior Courtroom nor file a law suit.

Information technology is possible to fight City Hall?

If you are the owner of the automobile but were not driving at the time and location of the citation, yes. You tin can fight Metropolis Hall and win. This is how y'all exercise it: Without claiming in any style that you were the driver of the car, sign up for a hearing. When you go to the hearing, say that you are the owner of the car only were not driving at the time and location on the citation. Do not say anything more than that. Let your lips exist sealed. If the Hearing Panel convicts y'all, then pay the $50 fine and you are now in the legal position to bring a class action lawsuit against the City. Telephone call united states of america. With your interest we can sue Raleigh for millions of dollars. This "owner not driver" issue can be won.

If you file a lawsuit against Wilmington for non giving 90% of gross penal fines exclusively to the schools, then you 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 kicking back costs for the city's ruddy lite camera program. New Hanover County is the funding source of the schools. It is classic coin laundering. In the end, Wilmington is not giving 90% of gross penal fines exclusively to the schools. The school'due south funding agent is giving Wilmington back $200,000.00/year. It is a negotiated ransom in order to collude together to violate the NC Constitution and NCGS 115c-437.

If you claim that "I merely could not end or the yellow did not last long enough", or "it was raining" then you are taking the punishment for physics errors made past the traffic engineer who signed and sealed the signal plan for your intersection. Todd Platzer, a resident of Wilmington, filed a pocket-sized claim for $50 against the traffic engineer Pamela Alexander. Ms. Alexander got the math wrong. Mr. Platzer just wanted to see what would happen. Ms. Alexander, an ex-employee of the NCDOT, got the Country Attorney General to defend her. Now the AG is defending engineering malpractice. This crazy confrontation only occurred considering the NC Board of Engineers refuses to run across its obligation to discipline its ain engineers. In the next round, 1 is going to have to sue the Board of Engineers.

In Fearrington vs City of Greenville, Paul Stam (attorney for Fearrington) presented the engineering problems to the NC Appellate Courtroom. The Court would not make decisions regarding the engineering science problems. The Court said only that only the Board of Engineers and the municipalities have the say-so to accost such bug. The Court said that a civil litigant does not take the authority.

This ruling exposes a deeper problem in N Carolina: one) the Board of Engineers upholds illegal standards of intendance, and 2) the municipalities profit from the engineering malpractice. The Cities want engineering science malpractice to brand coin.

Fifty-fifty when the Board of Engineers decreed that the out-of-country company Verra Mobility has been practicing applied science without an engineering license, drafting and implementing technology plans in 3 cities without a professional engineer's certification, and thus all cameras in all these cities were installed illegally, the municipalities kept their scarlet-light camera programs running anyway. The Urban center ignored the law. The urban center'due south argument is, "The operation of the cameras has nothing to do with their installation." The counter-argument is this. A metropolis fires a person for impersonating a police officeholder; still, the City allows the person to continue writing tickets to brand money for the City.

Raleigh Intersection Problems

There are many technology problems at all intersections with red light cameras. That is why the red low-cal cameras are there--to exploit the technology problems. Raleigh has made many mistakes setting xanthous light times at all intersections. In that location exists problems mutual to every intersection. There exists issues specific to an intersection. We take analyzed merely 3 intersections so far in Raleigh: Here are their specific applied science failures which Raleigh financially exploits at your expense:

Nosotros know that NCDOT engineers never mensurate approach speeds as required by their own spec. Engineers are supposed to set yellow lite durations according to the speed of 85th percentile of freely-flowing car speeds, not the posted speed limit. We have not seen a single traffic signal program where the NCDOT does this. We have measured approach speeds and they take always been greater than the posted speed limit.

We 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 exist three.viii seconds. This shortfall violates SL2004-141, and the operation of the carmine light camera is illegal.

We also know that at some intersections, Raleigh's Conduent red calorie-free camera software prints false yellow times. The printed times are significantly longer than the signal gives, giving the impression that Raleigh gives you more time than they actually do. For case at Dawson @ Morgan, the printed yellowish time is 4.1 seconds but the actual xanthous fourth dimension is iii.8 seconds. 0.iii seconds is the deviation between l citations per month and 150 citations per month.

Prophylactic

Raleigh advocates expiry for its motorists. On Raleigh's web site, there is a section called "Crimson Calorie-free Cameras is Other Cities." Raleigh uses the Insurance Institute of Highway Safety (IIHS) to justify its cherry-red light camera plan. 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 as Raleigh.

For a hearing, telephone call:

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

What is Your Defense?

If you sign up for a hearing in Raleigh you have to write downwards the reason why yous feel you are innocent. Either say, "I am non the driver at the fourth dimension and location on the citation" or write the post-obit. It is true.

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

When yous go to the hearing, face the hearing console and defend yourself with:

"All intersections have a dilemma zone considering the NCDOT formula for yellow light durations sets yellow light durations which oppose the laws of physics. In guild for me to obey the law, I have to break laws, unbreakable laws--the laws of physics. I cannot practise that. Adapt your yellow light durations so that they are consequent with the physical laws of motions. Then judge me."

Additionally if you are a commercial truck commuter, say "I demand two.5 second perception/reaction fourth dimension for my rig and 0.5 seconds air-brake lag time. That is what the NCDOT CDL Manual requires for truck drivers. Your iii second left turn yellow leaves me absolutely no time to restriction." If you did not turn left, say, "Yous shorted me ane.5 seconds on the yellow. I am innocent. And y'all better increase your yellowish light duration else I am going to kill someone and charge the Urban center with wrongful decease."

Common Constabulary Issue

The USA adopts the common law do that "You are innocent until proven guilty."

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

NC Constitution Issues

NC Constitution

NC Constitution, Article Nine, Section 7 combined with NCGS 115C-437 requires that 90% of gross penal fines must get exclusively to the public schools. The Constitution says that clear proceeds must go exclusively to the public schools. 115C stipulates the ninety%, establishes that . . .

clear gain = gross penal fines - cost of collections

and puts a ceiling on the cost of collections at 10% of gross penal fines. If a City fines a person $100, $xc must become to the public schools. The remaining $ten can be used to pay collection costs. If drove costs exceed ten%, the City must fund the shortfall from its own coffers. Shavitz vs the City of High Point, an NC appellate court case, upheld this. Shavitz vs the City of High Betoken also upheld that 100% of enforcement costs must be funded from the city'due south coffers.

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

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

• "What is incorrect with authorities making profit from criminals?"

Information technology is a conflict of interest. Authorities has the power of government to make criminals. If the government allows itself to keep a significant portion of the fines, and so it gives itself a lucrative incentive to brand as many criminals as it tin. Fifty-fifty when the authorities cannot turn a profit, excessive drove costs even so turn a profit the individual business concern. The intent of the NC Constitution and 115C is to kill the profit motive for all parties.

Crimson lite cameras have excessive collection costs. In Knightdale, those costs were over 95% of gross penal fines. North Carolina cities cannot beget to pay the collection costs while dispensing the required 90% to schools. Nonetheless even with this bad fiscal dynamic, some cities notwithstanding have reddish light camera programs. In that location 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 cost of American Traffic Solutions (ATS) contract. That is $480,000.00/yr. Gross penal fines is nigh $1,500,000.00/twelvemonth. I leave information technology to the reader to do the math. (Scan the link. It is $50/commendation in Wilmington). 90% of $1,500,000.00 is $1,350,000.00. It must get to New Hanover Schools. ten% which is $150,000.00 goes to ATS. Wilmington still owes $330,000.00. Wilmington funds an additional $150,000.00 from its own coffers. In that location is however a shortfall of $180,000.00.

And at present the illegal activity:

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

1. By definition, this is a kickback. Wilmington gives $one,350,000.00 to New Hanover Canton Schools in plow for New Hanover County to kick dorsum to Wilmington $200,000.00. It is a negotiated bribe whose parties collude in gild to circumvent the NC Constitution and NCGS 115C-437. New Hanover County is the primary funding source of New Hanover County Schools. The kickback, while all the same not assisting to Wilmington, allows ATS to profit.

(At that place is nonetheless a problem. The numbers do not add upwardly. According to Donald Bennett, Wilmington Safelight Director, Wilmington gave $790,000.00 to the public schools in 2012. This means $88,000.00 from fines can exist applied to the $480,000.00 ATS contract. That leaves a shortfall of about $400,000.00. Wilmington funds in $150,000.00. All the same short $250,000.00. New Hanover County contributes $200,000.00. Still short $fifty,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 near 40% of vehicles owners are not paying the fine and that Wilmington is not giving the schools the total amount due.)

• "Just the schools exercise get money!"

Remember the prime concern of this web site. Applied science failures. The regime is using its power to make criminals. It does then past shorting yellowish lights forcing millions of drivers who have done nothing wrong to run red lights. Shorting yellow lights induces crashes. The cherry low-cal photographic camera themselves add to rear-end crashes (32% more crashes in Raleigh). Funding the schools by punishing, robbing the killing the innocent is non a good way to assistance the children.

two. Session Police force SL2001-286, Wilmington's enabling statute for cerise light cameras, does not enable the City of Wilmington to enact funding agreements with any party. Wilmington is overstepping its enabling statute. But Fayetteville'south new law, HB1151, allows such a provision merely the Greenville and NC Attorney Full general is beingness sued over this contradictory law.

Fayetteville - NC Constitution Issues

The City of Fayetteville reestablished their cherry-red light camera program. In order to circumvent the same financial deal-breaker, Fayetteville added Section three to their version of the State bill which allows Cumberland Schools to kick back money to fund Fayetteville's camera programme. The kicking back clause, even if it is voluntary by the schools, still conflicts with higher police force: NC Constitution Commodity Ix, Section 7. The Constitution even so says that the money must go "exclusively to the benefit of schools". The understanding is a negotiated bribe fifty-fifty when written into a bottom police force. Its sole purpose is to allow the parties involved to collude confronting the higher constabulary.

Greenville - NC Constitution Issues

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

Raleigh - NC Constitution Problems

Raleigh violates the NC Constitution and NCGS 115C-437 besides. What makes Raleigh unlike is Wake County's own flavor of the ruddy light camera law. The County police redefines "articulate proceeds" to include "leasing equipment and paying the vendor". But the redefinition opposes those already established nether higher laws and court decisions.

Fact and a Piece of Advice

Fact. Your accuser is the traffic engineer. Your accuser is not the city. Your accuser is not the law. Your accuser is non even the red lite camera vendor. It is the traffic engineer who "signed and sealed the traffic signal plan for your intersection." While city, constabulary and vendor indeed helped put the citation in your paw, it is the traffic engineer who is legally at fault and is financially liable for your commendation.

Advice. My advice is that you appeal your citation then sue the traffic engineer in federal court. The traffic engineer is violating a federal document, the MUTCD. Do not waste fourth dimension arguing with the local government. Authorities is the tip of the iceberg:

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

Posted by: grosefoughurpite.blogspot.com

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