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Speed Camera Did Not Violate Due Process Amendment

Speed Camera Did Not Violate Due Process Amendment

Photo: WNAX


The Iowa Supreme Court has upheld a lower court ruling that speed camera ticket issued by Sioux City did not violate the constitutional rights of a Sioux Center man. Michael Jacobsma had argued the speed camera ticket violated his right to due process because it never proved that he was behind the wheel of the car at the time. The Supreme Court ruling says the city is using the cameras to improve public safety. The ruling also says Jacobsma admitted he owned the vehicle, had registered the vehicle, but offered no evidence that someone else was driving the vehicle at the time of the speed camera violation. Jacobsma had this reaction to the ruling.

Jacobsma is a lawyer who represented himself over the ticket issued after his car was spotted going 67 miles-an-hour in a 55-mile-an-hour zone on Interstate 29 in 2012. This was considered a civil case, and Jacobsma says the person alleging the wrongdoing has historically always had to prove it, which he says does not happen here.

The ruling appears to center on the fact that Jacobsma didn’t say someone else was driving his car at the time of the ticket. Jacobsma says he agrees with that, but says it was not as key as it appears.

Jacobsma says there is the possibility someone else could challenge the ruling using another avenue.

Attempts to ban traffic cameras by the Iowa Legislature have failed. The Iowa Department of Transportation did institute rules requiring the cities that use them to prove that they are being used to improve safety.

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