Missing the Point... Keeping the Money

Late Friday the Almighty Alcalde vetoed Council President Brad Winter's bill to halt the Marty's red light scam-era program. The move cleared the way for the city to continue raking in MILLIONS of our dollars based on claims of increased safety. The mayor has decided that it is more important to keep them money than to assure our right to due process.

Chavez said suspending the program would be saying that violators have the right to run red lights and speed.

"I would be saying you're not going to get a ticket for running a red light and you're not going to get a ticket for speeding through a school zone," Chavez said.

-ABQ Tribune

Chavez's reasoning is as devoid of logic as it is justice. Last time we checked it was illegal to speed in a school zone, illegal to run a red light, and illegal to speed on the freeway. The Almighty One's veto doesn't make us safer it simply makes us less free (and millions of dollars poorer).

Before all of you scam-era supporters go off with your bumper-sticker logic saying anything to the effect of "if you don't want a citation don't speed or run a red light," consider the utter lack of thought required to take such a position and the dangers associated with simply accepting a quasi-law enforcement program built on inequity. It's the type of logic that somehow makes sense until you are wrongfully accused and you are denied the ability to defend yourself by a system that presumes your guilt.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

-Fifth Amendment to the U.S. Constitution

The City of Albuquerque, the mayor, and the council have made a conscious decision not to enforce the State of New Mexico's traffic code in favor of a self-created and profit driven civil process in which the city has a direct financial interest. Due process cannot be present where one party holds the power of judgment and a financial interest in the outcome.

There's a reason that our judicial system is set up to include a third uninterested party - more commonly known as a judge. Their job is to both make findings of fact and to make sure that the rights of the parties involved are preserved. A judge's impartiality is required to make these decisions without prejudice. Marty's hearing officers have a direct link to the "prosecution" and cannot be considered impartial under any standard.

Folks the real issue here is freedom. Not the freedom to run red lights or to speed (both are rightfully illegal), but the freedom to defend yourself, the freedom not to be deprived of life, liberty, or property without due process of law. The absence of justice is the presence of tyranny.

From what the Journal (Subscription) is reporting, it looks like Councilors Sanchez and Mayer won't support a veto override. The jury (something you're guaranteed not to have in Marty-roo Court) is still out on Councilors Jones and Harris. Councilor Winter would need 6 votes to override the Almighty Alcalde's veto, which means he'd need at least 3 more than he got on Capo's night at the Council.

We'd suggest contacting your councilors... again. Perhaps they can be convinced to be more concerned about our liberty than their own power.