NTSA CAMERAS INSTANT FINES ARE ILLEGAL
Our judicial system especially the criminal system is underpinned in due process. Before one is fined, one has to be proven guilty. Traffic laws are criminal in nature.
To be found guilty in a criminal process, two elements must be proved: That one had a criminal intent (mens rea) & that one committed the criminal act (actus reus).
To issue an instant fine to a car owner is wrong on many levels. It presupposes the following:
1. That the driver at the material time is also the owner of the car which is not generally true.
2. That the driver knowingly broke the law which again isnโt true all the time. It could be a medical issue.
If the driver isnโt the owner, then to fine the owner is completely unconstitutional as there is no transferred malice in traffic laws. If the driver who violates traffic law isnโt the owner, then his crime canโt be transferred to the owner.
NTSA Camera instant fines is a noble idea but without constitutional & legal foundation. It is executive irrational exuberance.
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