Colorado Traffic Cams - Public Benefit or Intrusion? Colorado Springs Attorney

AUTOMATED TRAFFIC ENFORCEMENT
Traffic Cameras - Photographic or Video - "Gotcha"

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Would Colorado really dream of employing robotic apprehension of its truly dangerous citizenry?

        Oh yes indeed, before the cameras were installed, Colorado enacted automated traffic enforcement laws.
                CRS 42-4-110.5 It's called AVIS - not the car rental company, but Automated Vehicle Identification System, and it has been enacted as law in Colorado.
                Colorado Springs Municipal Code §10.17.114: Owner Liability for Traffic Signal Camera Violations - repealed as of 9/8/08
        See also - 86 ILLINOIS MUNICIPAL REVIEW 25, No. 05 (May 2007)
                issuance of traffic tickets - PRESUMPTION OF GUILT and due process

Then dispute arose over who gets to regulate this marvelous system of potential revenue and bad guy gotcha.

The cities of Commerce City, Westminster, Fort Collins, and Colorado Springs (cities), each home-rule municipalities under Article XX of the Colorado Constitution, challenged the constitutionality of certain provisions of section 42-4-110.5 and section 42-3-112(14) regulating the use in Colorado of automated vehicle identification systems, popularly known as photo radar and photo red light. City of Commerce City v. State, 40 P.3d 1273 (Colo. 2002)

The cities argued that certain provisions of section [7] 42-4-110.5 and section 42-3-112(14) unconstitutionally infringe on their home-rule powers because Article XX, Section 6 of the Colorado Constitution unambiguously reserves to the Cities the power to enforce local traffic ordinances and operate municipal courts. The Cities did not argue that all of the restrictions placed on home-rule cities by the state legislation violate their home-rule powers, rather they challenged the following: (1) the ninety day service provision for traffic violations detected by AVIS[fn3]; (2) the requirement that an entity using AVIS post a sign in a conspicuous place before each area in which AVIS are used notifying the public of their use[fn4]; (3) the provision that an entity using AVIS mail warnings to first-time violators who have been identified by automated systems if the drivers were detected speeding at a rate less than ten miles over a reasonable speed limit[fn5]; (4) the provision establishing a forty-dollar maximum fine for speeding violations detected by AVIS[fn6]; (5) the provision establishing an eighty-dollar maximum fine for AVIS-detected speeding violations in school zones[fn7]; (6) the provision establishing a seventy-five dollar maximum penalty for red light violations detected by AVIS[fn8]; (7) the provision limiting the method by which an entity using automated systems may contract with AVIS vendors and manufacturers for the use or acquisition of AVIS equipment[fn9]; and (8) the prohibition against access to state records — which are needed to determine the identity and address of the registered owner of a motor vehicle involved

The Supreme Court again recognized that advances in technology, which have significantly changed the nature of the enforcement of traffic laws, increased the need for uniformity of AVIS regulation. In fact, the use of automated systems for traffic control represents such a considerable shift in traffic enforcement that these systems alter Colorado citizens' basic expectations about how they will be ticketed for traffic violations. Before the use of automated systems, drivers who violated traffic laws expected to be stopped and issued a citation at the time of the violation or immediately following it. This served the important purpose of notifying the driver of an alleged violation. In contrast, when cited by an automated system, drivers will not be on immediate notice of an alleged violation. Thus, this new technology significantly alters Colorado drivers' expectations about how traffic violations will be enforced against them. Accordingly, the state has an interest in providing Colorado drivers with uniform AVIS regulations.

As of June, 2011 the City of Colorado Springs is issuing automated traffic enforcement tickets. Traffic cams will be a "cash cow"

Sin taxes are nothing new at the zoo - alcohol, cigarettes or tobacco and now chocolate. Recent arrivals and new residents find it difficult to comprehend the degree of just how much the City of Colorado Springs wants our money as revenue. Under the guise of public safety our fair city will enforce traffic laws with a vehemence perhaps unknown in other cities, thus generating revenue for city coffers. Get used to it, new people. Obey traffic laws or pay the piper. Colorado Springs has always been greedy for traffic violation money and the economic slump - corresponding loss of sales tax revenue doesn't satisfy hunger. Hello traffic cam automated traffic tickets and associated city revenue.

Just the opinion of one defense attorney, long term resident and taxpayer.