City Attorney Bob White told KOAT that the "tickets" will be turned over to a collection agency and that failure to pay would result in potential harm to the owner of the vehicle's credit rating. Remember, scam-era citations are sent to the owner of the vehicle not to the driver of the vehicle - seemingly under the theory that you are your Chrysler's keeper.
Understand that the scam has been running since 2005. Over the past 5 years 25% of drivers have simply ignored the shutterbug citations leading to $8 MILLION in unpaid fines. While the city claims that unpaid citations are sent for collection - and they may be - we have yet to hear of a case where a collection agency has sued on behalf of the city in order to collect an unpaid scam-era fine.
You see... the city and any collection agency have a number of a problems when it comes to collection of fines alleged by scam-eras - not the least of which is proving that the violation ever happened. The debt alleged by the city has never been acknowledged by the owner of the vehicle or proven by the city in court - even to the lower civil standard of preponderance of the evidence. The owner of the vehicle has not contractually agreed to pay the fine and there is no civil version of implied consent. There's not even any proof that the owner of the unruly vehicle received notification. In short, the city doesn't have a case.
Just try taking your neighbor to court over an unpaid debt without any proof whatsoever that your neighbor ever borrowed your money or even knew about the debt in the first place. That's the predicament that the city finds itself in when vehicle owners don't respond to the citations.
There are also a number constitutional questions regarding the constitutionality of underlying nuisance abatement ordinance - the ordinance upon which the scam-era program is built. But suffice it to say, the city's enforcement of scam-era citations has relied on voluntary compliance and the threat of attacking someone's credit rating.
We all live in fear of some miscreant stealing our identity and ruining our credit. Restoring one's credit takes an inordinate amount of time and can prevent us from obtaining credit to buy a home or a car, and can even prevent someone from getting a job.
Just imagine the liability of the agency that attacks your credit rating on behalf of the City of Albuquerque based on a claim of an outstanding debt with no supporting adjudication or shred of evidence that the accused received notification of said debt. If someone was prevented from getting a job because of an action alleging an unverified or adjudicated debt, exactly how much would a jury award the victim?
Sunday night's story on KOAT just smells bad. Our Eyes tell us that while overall the number of scam-era unpaid scam-era citations is 25%, the current number is around 33%. That means that the number of people voluntarily paying citations is decreasing. Further, our Eyes tell us that most of the scam-era revenue comes not from red light violations but from green light speeding violations.
[Sidebar]The scam-era system has been built on the false premise of law enforcement and fueled by the voluntary cooperation of the general public. In our opinion, The 5th Floor was using KOAT in an effort to scare the public into voluntary compliance knowing full well that their scam can't stand. In other words, it looked a lot like a bluff.
Our Eyes also tell us that falling revenue from scam-era intersections has become problem. As a result, The 5th Floor has lowered the triggering speed from 10 mph over the posted speed limit to 4 mph over the posted speed limit. Remember, this is supposed to be about public safety.
[End Sidebar]
28 comments:
A footnote about the cameras. I recall about two years ago the Albuquerque Journal ran a front page story about all the vehicles that are caught by the cameras yet are not fined. These included: all government licensed plate vehicles, obscured plates and Mexican (or other foreign) license plates. Besides questions of legality from a stand point of simple fairness: they are not.
Why should the public pay thier tickets? I heard an incident occurred where city employees parked illegally around City Hall right in front of signs stating NO PARKING.
Photos were taken and citations were issued by the parking enforcement people. The photos are on file in the parking office. While I guess the new Mayor's administration does not feel city employees should get parking tickets. The tickets were voided as ordered by the administration. Seem there is a lot of voiding of tickets going on.
However, the public would be required to pay theirs tickets or go to court. I thought voiding tickets was against the law.
OK, FOR NOW ON NOBODY PAYS.
SCREWWWWW THEM...
VILLENUCCI,PUT RAY BACK ON YOUR SHOW.
Just throw the ticket in the trash and pretend you never even got it!!! Nothing will happen I can guarantee it! (-;
Who is/are the women involved with the 15 in Vegas?
THIS COMMENT HAS NOTHING TO DO WITH THE RED LIGHTS. JOEY YOU NEED TO PULL YOUR HEAD OUT, GET OUT AND START RALLYING YOUR TROOPS, DO SOMETHING TO SHOW SOME UNITY. THIS IS GETTING BAD NO ONE KNOWS WHAT IS GOING ON IN THE UNION AND NOT EVERYONE CAN ATTEND THE MEETINGS DUE TO FAMILY. NO ONE HAS ANY RESPECT FOR THE UNION AND NO ONE WANTS TO TAKE THE TIME TO ATTEND THE MEETINGS. OUR CONTRACT IS WILL BE TORN APART BY THE CITY AND WE WILL BE CAUGHT SITTING ON OUR HANDS AFRAID TO MOVE BECAUSE OF YOU SINCE YOU ARE OUR LEADER. THE UNION NEEDS TO RALLY. EVEN IF EVENT IS SCHEDULED ON THIS SITE WE NEED TO SHOW UNITY.
The Eye won't post comments about Darren, his girlfriend and his drunken 15 in Vegas.
Joey pay your red light ticket, you got on the way to the meeting.
The collection agency/law firm that threatens you with collection and attempts to harm your credit rating will face serious consequences and can be sued.
Can anyone say "Class action" ?
Let's face it, the city is screwed on this issue.
Wait to see how fast the speed and red light cameras come down now.
Couple things: The list of cars not captured included new vehicles not yet sporting actual plates. Also, being that these are civil - not criminal - fines, would they therefore be dischargeable in bankruptcy? Anyone know?
Also, if a car is registered to a corporation (many of which end up dissolved, sold, merged, or bankrupted) what are the chances the city is going to get paid?
FInally, with the high rate of auto theft in Albuquerque, I wonder how many tickets are issued to people whose cars have been stolen. Talk about adding insult to injury.....your average thief or joyrider is going to do nothing but laugh every time the flash goes off.....knowing that the victim will be gnashing his teeth wondering why the city is so good at taking pictures and so bad at finding stolen cars.
I love this city. They don't want to take Ed Adams and Lawrence Torres to court for entering into contracts that violate city ordinance and cost the taxpayers thousands. Yet they jump on board with going to collections regarding speed van tickets and red light camera's.
It is time for a tea party on Civic Plaza. We are tired of the Constitution being trampled upon. The red light camera's are just a back door tax that violates the rights of citizes to hear their case in front of an impartial judge. The same folks that trample our constitution, then sign for themselves illegal contracts so they can keep their high salaries. It is time for a change in Albuquerque.
We elected a new mayor to stop this type of illegal activity. We need to see him start taking a stand and clean house.
So I guess you're right.
But many persons can't escape from the bluff.
That the powers-that-be have lowered the triggering speed from 10-over to 4-over is an interesting tidbit of info. And apparently without much fanfare. I've also noticed a large number of intersections that have the speed limits lowered by 5 mph from what they used to be (40 to 35) with small signage, which nearly guaranties an increase in "violations. Just like the reducing of the yellow light cycles did that the city traffic engineer denied until Villinucci confronted him with the facts.
If all you cops will leave the rest of use alone who use the plate covers, that would be a BIG help!!
The eye wont address because Darrens Republican. Duhh
Heres a thought. Drive the speed limit and abide by the laws of the road. There hasn't been a ticket issued to someone that didn't deserve it. This town is filled with ass hole drivers who speed and show no regard for the other people on the road. The red light cameras only catch and fine a fraction of those people. Boo hoo, pay your fine and get over it. The cameras are there to deter drivers from running red lights and speeding, if you don't break the law you have nothing to worry about.
Don't bet on the Eye letting Darren off the hook.
Prostitution has no identifier; Be or D or R
White's ex got a restraining order on him during the divorce. It's public if people bother to look it up.
The problem is compounded by the asshole drivers who don't pay attention, drive slow and generally F things up. Law enforcement is about discretion, and the cameras have none. Tear down the camers, use them to build statues of Marty and Ray so they can admire themselves, and allow/force the police to enforce the traffic laws as needed.
Campbell's slithering around Darren. Watch your back.
I looked up the Darren White "restraining order" referred to in the comments (and in other comments on other posts) here, and all I find is a TDO - A Temporary Domestic Order. This is a standard Order entered (automatically in Bernalillo County, upon request in others) at the onset of any dissolution case. It represents absolutely zero in the way of a suggestion or allegation of stalking, harassment, or physical abuse.
Due to safety/privacy concerns (and laws), District Court Domestic Violence (DV) case files are no longer accessible to the public online. If White had been involved in such a case, the only online clue would be a note in the abstract of his DM (Divorce, Custody, etc.) case showing an automatic reassignment of the DM case to Judge Jewell (the DV judge) "due to related case" (the DV case).
As much as I find White to be a grandstanding pain in the ass, let's not suggest he's an abusive father or husband (or hypocrite) without more evidence..... fair enough?
Red light cameras fines aren't the only thing that the city turns over to collections. Library books also, AND you have to pay the $18.00 collection agency fee for being sent to collections. I found this out when I had a long overdue book that I swear was not checked out by me! And it goes against your credit, also. Woe is me and this city sucks!
Darren is a good guy, I know, he was good to me and my baby.
I broke it off as I have to go to Arkansas and take care of my grandma and her sister Peaches. Him was very understanding and seensear.
It's exactly what I've been saying since these things went up. Congrats to the 33% who don't pay this BS racket. You (we) are the true Patriots (I never paid a dime to those crooks).
But for the other 77% who (like Lemmings to the sea) just pay these crooks- YOU are the reason these things exist. As long as your ignorance makes people smarter than you rich, they'll keep these things plugged in and keep ripping you off.
Actually, I don't know why I even try to fight this. It's not my problem, I don't pay these camera crooks. Have fun with that people-
How long until "Derek Bill" becomes White's next PIO? Watch your back, TJ!
Wow ! Funny stuff a few comments up.
Who is the 'Deliverance' babe that Darren's running with. She has to go to Arkansas and be with granny & Ellie May - Peaches?
Oh and baby Jethro.
What a hoot!
Jesussss Darren, stay out of the bars.
Hah! "watch your back TJ" He can't even wash it let alone watch it.
Have a conversation with Darren White.
No substance. Just small talk is his conversation; hey babe, no problem babe,I'll take car of it, gotta go, call ya later etc, etc, etc.
Empty suit that now, everyone is finally realizing.
There's a term for this...
"Peter principle"
New TV show; Starring Darren White.
Call it "Vegas Heat"
Episode 1: 'Tune Up'
OR
"Deliverance Women"
Episode 1: 'Return to Arkansas'
Episode 2: 'Have trailer,will travel"
This is hysterical !!!!!
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