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March 15, 2006

One...Small...Step Against Petty Oppressions

One small item to put in the win column:

A judge struck down the Minneapolis ordinance because police ticketed car owners without determining who was really driving.

...

...District Judge Mark Wernick said the ordinance is invalid because it provides vehicle owners with less due process rights in court than the state statute. State law for a similar violation requires the state to prove "beyond a reasonable doubt" who was driving. But Minneapolis' ordinance shifted the burden to the owners to prove their innocence.

...

Bass, the attorney involved in the lawsuit, said Minneapolis knew it didn't have the authority to create its own ordinance because a bill to get state approval failed several times in the Legislature in the past few years.

"Tuesday was a good day for due process rights in Minnesota," he said.

Hat tip, Instapundit. I also agree with Glenn that the way to curtail such practices is to require that revenues generated don't go directly to the town. This gives them less incentive to to use public safety as pretty spring skirt for a practice that everyone knows is becoming popular because it generates revenue.

Posted by Kranky Kritter at March 15, 2006 10:12 AM
Comments

Yeah, I hate those things. Watch out, though, because all that ruling says is that the locals couldn't do it because state law imposed a higher burden of proof for such matters. Not all states do that. A number of states (I think California is one) who are more concerned with spying and revenue-enhancement than public safety are already converting red-light running and speeding into completely civil violations, not criminal, allowing for a much lower standard of proof. You no longer risk being put in jail, but it's harder and harder to contest the fine and associated court costs. Pernicious.

Posted by: PatHMV at March 15, 2006 03:38 PM
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