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2 2 NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS SEPTEMBER/OCTOBER 2005 TABLE OF CONTENTS VOLUME 16 ISSUE 5 The Courts Have Lost Their Way ..................2 NMA Washington Report................................3 NMA Foundation And ACLU Win Critical Victory .................................................3 Wisconsin Supreme Court Rules?................4 Click It Or Ticket: Who Owns You?...............5 Unreasonable Search And Seizure ...............6 The State Of Speed Limits! ............................8 2005 NMA Business Members.....................10 Davenport RLC Results Are Lackluster .....11 News From Around The Country ................12 Members Write ..............................................13 The Experts’ Corner ......................................14 NMA Items For Purchase .............................15 State Chapter Coordinators and Activists. 16 Copyright © 2005 by National Motorists Association Foundation. All rights reserved. NMAF NEWS (permit # 0716556-KWP) is the official publication of the National Motorists Association Foundation, Inc. NMAF NEWS is published bimonthly by the National Motorists Association Foundation, Inc., 402 W. 2nd St., Waunakee, WI 53597. (608/849-6000) Email: [email protected] Web site: www.motorists.org Nonprofit bulk permit paid Madison, WI. Annual membership in the National Motorists Association includes a subscription to NMAF NEWS. The Courts Have Lost Their Way by James J. Baxter, President, NMA EDITORIAL STAFF Managing Editor: ........................Eric Skrum Staff Writer: ............................John Holevoet Editorial Assistant: ..............Heidi Katchkey Guest Writer: ..................Walter E. Williams Guest Writer: ....................Richard Diamond COVER “The State Of Speed Limits” here are endless tales about the downfall of people who tell one lie that snowballs into a myriad of lies intended to cover up their initial ethical lapse. This same pattern is evidenced when those entrusted to enforce the rule of law manipulate the law to serve unintended purposes. Often the intentions are meant to serve a perceived public good, but other times the "creative" legal theories serve govern- ment's purposes to citizens' detriment. In both situations "the rule of law" is undermined. Ideally, if the words in a law are clear, they should stand on their own. If the words are ambiguous or their meanings have changed over the years, the courts may have to review the history and circumstances at the time the law was created to understand the original authors' intentions. Because the government, courts, or influential elements in society have sometimes found the plain language of certain laws contrary to their interests, they have invented excuses to claim the words don't really mean what they appear to mean. For example, the Sixth Amendment to the US Constitution says, "In ALL criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed." Seems pretty simple doesn't it? A person charged with a crime has a right to a jury trial. Do you see anything in here that says this right doesn't apply unless the crime can result in six months or more in jail? Me neither. Yet, that is the law of the land as determined by the U.S. Supreme Court. Many state courts adopted this interpretation even though their state constitutions, most written long after the U.S. Constitution, reinforced the right to a jury trial for anyone charged with a crime. Jury trials are expensive and have unpredictable outcomes, often to the disadvantage of the prosecutors. However, they are also the most important bastion for the protection of individual rights. Jury trials dilute the influence and power of judges and prosecutors. Human nature dictates that judges, and the state, will seek ways to diminish the use and power of the jury system. Consequently, despite the clear and unambiguous language of the Sixth Amendment, persons charged with crimes that invoke penalties of less than six months in jail are denied a jury trial. How did this happen? When the U.S. Supreme Court could not get the interpretation it wanted from the actual words in the Sixth Amendment, it chose to do a historical review of the circumstances prior to the drafting of the U.S. Constitution. Sure enough, it found instances where, under English common law, persons could be tried for minor crimes without access to a jury trial. That the drafters of the Constitution were obviously aware of this practice and chose to obliterate it by granting jury trials to anyone charged with a crime, as a consti- tutional right, did not phase the great judicial minds of the day. This knowledge didn't fit their agenda, i.e. reducing access to jury trials for criminal defendants. An NMA member assisted by an NMA Foundation Legal Aid Grant just experienced a first-hand lesson on the subjects of judicial perversion. I discuss this case in greater detail on page four. When reading that article, I hope you will begin to see how far astray our courts have gone. Their actions are more corrosive to the heart and soul of our nation then any collection of terrorists or extremists. Oh what a tangled web we weave, When first we practice to deceive."Sir Walter Scott T T

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2222NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

SEPTEMBER/OCTOBER 2005

TABLE OF CONTENTSVOLUME 16 • ISSUE 5

The Courts Have Lost Their Way ..................2

NMA Washington Report................................3

NMA Foundation And ACLU Win

Critical Victory .................................................3

Wisconsin Supreme Court Rules?................4

Click It Or Ticket: Who Owns You?...............5

Unreasonable Search And Seizure ...............6

The State Of Speed Limits! ............................8

2005 NMA Business Members.....................10

Davenport RLC Results Are Lackluster .....11

News From Around The Country ................12

Members Write ..............................................13

The Experts’ Corner......................................14

NMA Items For Purchase .............................15

State Chapter Coordinators and Activists. 16

Copyright © 2005 by National Motorists Association Foundation.All rights reserved.

NMAF NEWS (permit # 0716556-KWP) is theofficial publication of the National MotoristsAssociation Foundation, Inc. NMAF NEWS ispublished bimonthly by the National MotoristsAssociation Foundation, Inc., 402 W. 2nd St.,Waunakee, WI 53597. (608/849-6000) Email:[email protected] Web site: www.motorists.orgNonprofit bulk permit paid Madison, WI. Annualmembership in the National Motorists Associationincludes a subscription to NMAF NEWS.

The Courts Have Lost Their Wayby James J. Baxter, President, NMA

EDITORIAL STAFFManaging Editor:........................Eric SkrumStaff Writer:............................John HolevoetEditorial Assistant: ..............Heidi KatchkeyGuest Writer: ..................Walter E. WilliamsGuest Writer: ....................Richard Diamond

COVER“The State Of Speed Limits”

here are endless tales about thedownfall of people who tell onelie that snowballs into a myriad

of lies intended to cover up their initialethical lapse. This same pattern isevidenced when those entrusted toenforce the rule of law manipulate thelaw to serve unintended purposes.Often the intentions are meant to servea perceived publicgood, but other timesthe "creative" legaltheories serve govern-ment's purposes tocitizens' detriment. Inboth situations "therule of law" is undermined.

Ideally, if the words in a law areclear, they should stand on their own.If the words are ambiguous or theirmeanings have changed over the years,the courts may have to review thehistory and circumstances at the timethe law was created to understand theoriginal authors' intentions. Becausethe government, courts, or influentialelements in society have sometimesfound the plain language of certainlaws contrary to their interests, theyhave invented excuses to claim thewords don't really mean what theyappear to mean.

For example, the Sixth Amendmentto the US Constitution says, "In ALLcriminal prosecutions, the accusedshall enjoy the right to a speedy andpublic trial, by an impartial jury of theState and district wherein the crimeshall have been committed." Seemspretty simple doesn't it? A personcharged with a crime has a right to ajury trial. Do you see anything in herethat says this right doesn't apply unless the crime can result in sixmonths or more in jail? Me neither.Yet, that is the law of the land asdetermined by the U.S. SupremeCourt. Many state courts adopted this interpretation even though theirstate constitutions, most written longafter the U.S. Constitution, reinforcedthe right to a jury trial for anyone

charged with a crime.Jury trials are expensive and

have unpredictable outcomes, often tothe disadvantage of the prosecutors.However, they are also the mostimportant bastion for the protection ofindividual rights. Jury trials dilute theinfluence and power of judges andprosecutors. Human nature dictates

that judges, and thestate, will seek ways todiminish the use andpower of the jurysystem. Consequently,despite the clear andunambiguous language

of the Sixth Amendment, personscharged with crimes that invokepenalties of less than six months in jail are denied a jury trial.

How did this happen? When theU.S. Supreme Court could not get theinterpretation it wanted from the actualwords in the Sixth Amendment, itchose to do a historical review of thecircumstances prior to the drafting ofthe U.S. Constitution. Sure enough, itfound instances where, under Englishcommon law, persons could be triedfor minor crimes without access to ajury trial. That the drafters of theConstitution were obviously aware ofthis practice and chose to obliterate itby granting jury trials to anyonecharged with a crime, as a consti-tutional right, did not phase the great judicial minds of the day. Thisknowledge didn't fit their agenda, i.e.reducing access to jury trials forcriminal defendants.

An NMA member assisted by anNMA Foundation Legal Aid Grantjust experienced a first-hand lesson on the subjects of judicial perversion. I discuss this case in greater detail on page four. When reading thatarticle, I hope you will begin to seehow far astray our courts have gone. Their actions are more corrosive to the heart and soul of our nation then any collection ofterrorists or extremists.

Oh what a tangled web weweave, When first we practiceto deceive."—Sir Walter Scott

TT

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NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS 3333

SEPTEMBER/OCTOBER 2005

fter three years, twoconference committees, and11 temporary extensions, a

$286.5 billion highway bill wasapproved by Congress and signedby President Bush. The journeystarted in 2002. Bush proposed a$247 billion package in 2003, whileHouse Transportation andInfrastructure Committee ChairmanDon Young, R-Alaska, proposed$375 billion in spending and a 5-cents-per-gallon gas-tax increase.

After start-and-stall negotiations,the final six-year conference reportcontains no gas-tax hike, but it doesboost transportation spending by 31percent over the previous, $218billion highway bill, which expiredin September 2003. The new billguarantees that states will get back92 cents on every dollar that theirdrivers send to the federal HighwayTrust Fund through gas taxes, up

from a previous guarantee of 90.5cents. The bill also streamlinesenvironmental review processes for highway projects and providesbillions of dollars to specificprojects that lawmakers can claim credit for in their home states and districts.

Despite getting a late start, theNational Motorists Associationentered the debate over this legi-slation and was active in preventingfurther erosion of states' ability todetermine their own penalties fortraffic violations. The NMA alsojoined with others to minimize thefuture threat to motorists' privacyposed by electronic monitoring.

Unfortunately, not all of thenews out of Washington is aspositive. Legislators still chose tolink funding for transportationprojects to the passage of mandatoryseatbelt laws, increasing penalties

for repeat DWI offenders, andincreased traffic enforcement.Though in the final bill, thesemeasures were substantiallywatered down from their initialhard-nosed wording.

In addition to mandatingadditional enforcement initiatives,Congress has also set the stage for anew driving tax that will be basedon vehicle use rather than gas usage.Ten million dollars is directed toresearch the feasibility of creating anational grid to monitor and billindividuals based on when andwhere they drive. Implementationof this program on a national scale is at least five years away, and will almost certainly only occur after significant additionaldiscussion. Luckily, the NMA will be fully engaged in the comingdebate, and we'll be looking out for your interests.

NMA Washington Reportby Robert Talley, NMA Lobbyist

As we reported to you in the lastissue of the NMAF NEWS, theNMA Foundation issued a LegalAid Grant to American CivilLiberties Union (ACLU)—NewMexico to help with its recent legalchallenge to a new vehicle seizureordinance in Albuquerque.

The law would have allowed thecity to seize the car of anyonesuspected of a DWI, even first-timeoffenders. The ordinance didn'trequire a conviction. The vehiclewould have been seized when thesuspect is stopped. He or she couldthen contest the seizure with a cityhearing officer or agree to have animmobilizing "boot" placed on thevehicle for 30 days. To get the

boot removed, offenders wouldhave had to install an ignitioninterlock on the vehicle for sixmonths or a year. In "extreme"cases, the city would simply sellthe vehicle at auction.

The ACLU convinced DistrictCourt Judge Theresa Baca to issuea temporary injunction against theenforcement of the ordinance,while they prepared their case. InAugust, the ACLU took the city tocourt, and Judge Baca struck downthe ordinance.

In her decision, Baca cited"serious procedural due processproblems" with the city's law. Bacasaid her ruling was onconstitutional grounds, and focused

primarily on one sentence in theordinance: "The city hearing officershall only determine whether thelaw enforcement officer had pro-bable cause to seize the vehicle."The judge said the ordinance didn'tspell out what the hearing officerwould do to ensure drivers wouldhave a fair, timely and consti-tutionally mandated hearing.

"We're very happy and feel likethe judge ruled as we would'veliked," said Peter Simonson,Executive Director of the ACLU—New Mexico. Simonson also saidBaca's decision could pave the wayfor similar rulings in ACLUchallenges to other laws that allowthe city to seize people's vehicles.

NMA Foundation And ACLU Win Critical Victory

AA

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NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

SEPTEMBER/OCTOBER 2005

4444Wisconsin Supreme Court Rules?by James J. Baxter, President, NMA

ast articles have discussed thesaga of NMA member KenMcGrew beating his way

through a hostile state court system inan attempt to contest a bogus speedingticket. Ken was issued a ticket forallegedly driving 82 mph in a 55-mphzone on a busy urban expressway. Hewasn't driving that speed and when theofficer said he clocked Ken withRADAR, Ken started to ask intelligent

questions about how he was clocked.Realizing his RADAR reading wasn'tlikely to stick, the officer rewrote theticket and claimed he paced Ken's carwith his fully loaded emergencyservice truck (which was not supposedto be used for enforcement purposes).

At trial, the sheriff's deputy claimedhe was traveling in the right lane at 55mph and that Ken passed him on theleft. The sheriff said he clocked Kenat 82 mph with his radar unit, whichwas a stationary model that should

have read 27 mph. To display 82 mph,Ken would have had to have beentraveling at 137 mph. Next, the officer said he set out to pace Ken's car by accelerating his truck to 85 mph and thereby confirmed hisRADAR reading—all within about a quarter mile. This whole scenario is totally absurd.

In reality, the sheriff's truck wasparked alongside the road with a "This is your speed" RADAR sign inthe rear bed. The sheriff saw an 82-mph reading on his monitor, looked inthe rearview mirror, and saw Ken's carapproaching. When Ken went by, thesheriff pulled out, put on his lights, andpulled Ken over. Ken's car was notthe vehicle that caused the 82-mphreading, the sheriff was not movingand he did not pace Ken. The officer'sversion of events is simply impossible.

Ken demanded a jury trial, a jury of12, not the six jurors offered by statestatutes. All other cases in Wisconsin,except traffic tickets, grant a defendantor civil litigant the right to a 12-personjury. Ken also made several discoveryrequests; all stonewalled by the DA ordenied by the judge. The judge bulliedKen's attorney during the trial andprevented Ken from proving hisinnocence by rushing the trial.

Ken lost because his attorney couldnot effectively present the evidencethat would have proved the deputy waslying under oath. This whole fiascowas a serious miscarriage of justice.Ultimately, Ken appealed, but theAppellate Court summarily dismissedseveral solid issues that Ken raised.

Ken then took his case to the StateSupreme Court, which also dismissedall but one of his objections: Does atraffic ticket defendant have a right toa 12-person jury? If Ken could win onthis one issue, he could get a new trialand then present the evidence thejudge had prevented the first time.

I felt we had a very promising case.We had an experienced, appellate-court lawyer; our state constitution

clearly grants the right to a jury trialfor any criminal or civil case; and allcourt precedents confirmed that a juryby definition meant 12 jurors.

I was wrong. In what I described inthis month's newsletter editorial as atortured decision that attempted torationalize an irrational conclusion, the Wisconsin Supreme Court ruledthat traffic ticket defendants had a rightto a jury trial, but six jurors was okay.They said their previous decisionsrequiring 12-person juries were relatedto criminal cases—while forgettingthat those decisions depended largelyon precedents from civil cases thatupheld the right to a 12-person jury.

One of the justices even claimedthat if a crime or violation did not existwhen the constitution was drafted,constitutional protections do not apply.The argument goes like this: sincemotor vehicle speeding tickets did notexist in 1847, the constitutional right toa jury trial does not apply. If you thinkI'm exaggerating, you can read thedecision at http://tinyurl.com/dhzke.

The NMA Foundation helped Kenwith the funding of his case and wewere proud to do so. We took somelumps and we were run over by asystem biased against us, but next time we will be better prepared and not so easily ignored. The NMAFoundation isn't going away andneither are defenders of individualrights, like Ken McGrew.

Pictured at the doors of the WisconsinSupreme Court. From right to left:Attorney Rex Anderegg, NMA MemberKen McGrew, and NMA PresidentJames J. Baxter

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NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

SEPTEMBER/OCTOBER 2005

5555Click It Or Ticket: Who Owns You?by Walter E. Williams

he National Highway TrafficSafety Administration(NHTSA), an office within the

U.S. Department of Transportation, justfinished its annual campaign to get usto wear our seatbelts under a programcalled "Click It or Ticket." Statesreceive federal subsidies to ticketdrivers if they or their passengers arenot buckled up.

Some states, such as Maryland, areso eager that they've equipped theirofficers with night vision goggles,similar to those used by our servicemenin Iraq. Maryland state troopers bagged44 drivers traveling unbuckled underthe cover of darkness. The NHTSA's"Click It or Ticket" program is anotherstep toward making Americans serfs ofthe state.

Let's look at it. I personally believethat wearing seatbelts is a good idea,and I buckle up and remind mypassengers to do so as well. Becauseseatbelt usage saves lives, mandatingsuch is an abomination in a free society.There are many other legislativeactions that are offensive to liberty andcan have saving as their justification, amatter I'll turn to later. But let's talkabout the immorality of mandatedseatbelt usage.

Let's start with the question: Whoowns Walter E. Williams? Is itPresident Bush, the U.S. Congress, theCommonwealth of Pennsylvania, or doI own myself? I'm guessing that anyreasonable person would agree that Iown Walter E. Williams. The fact that Iown myself means that I have the rightto take risks with my own life but notothers'. That's why it's consistent withmorality to mandate that my car haveworking brakes. If my car doesn't haveworking brakes, then I risk the lives ofothers, and I have no right to do so. If Ichoose not to wear a seatbelt, then Irisk my own life, which I have everyright to do.

Of course, if it's stipulated thatPresident Bush, the Congress or theCommonwealth of Pennsylvania owns

me, I have no such right; I'd be risking their property. Some mightrejoin by saying, "Williams, if you'renot wearing a seatbelt, and don't do usthe favor of dying in an accident andbecome an incapacitated vegetable,society will have to bear the expense of taking care of you." That's not aproblem of liberty and self-ownership.It's a problem of socialism.

There's no moral case for forcinganyone to care for me for any reason.When we buy into socialism, we buyinto paternalistic government. Itreminds me of what my mother used tosay during my rebellious adolescentyears: "Boy, as long as you're living inmy house and I'm paying the bills,you're going to do what I say!"Paternalism is OK for children, but is it suitable for adults? For those whoagree with "Click It or Ticket" becauseit saves lives, would they agree withother possible lifesaving mandates?

Each year, obesity claims the livesof 300,000 Americans and adds over$100 billion to health care costs.Should government enforce a 2,000-

calorie intake limit per day? There'sabsolutely no dietary reason to add saltto our meals. Salt can lead tohypertension-induced heart attacks thatkill thousands. Should governmentoutlaw salt consumption? Sedentarylifestyles have been shown to lead toshorter and less healthy lives. Shouldthere be government-mandatedexercise programs?

The justifications used for "Click Itor Ticket" can easily provide thetemplate for government control of ourdiets and other lifestyle features.Maybe I'm a bit out of touch withtoday's Americans. With the silence inthe face of attacks on Burger King andMcDonald's, alleging they causeobesity, maybe Americans are piningfor more government control over theirlives—and "Click It Or Ticket" is justsoftening up the rest of us for what liesahead in the future.

Walter E. Williams is a syndicatedcolumnist who is also a professor ofeconomics at George Mason Universityin Fairfax, Virginia.

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Unreasonable Search And Seizureby Richard Diamond, NMA Foundation Board Member

NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

SEPTEMBER/OCTOBER 2005

6666

ust days after the SupremeCourt ruled that cities couldtake homes from private

owners to build strip malls, the U.S.House of Representatives issued anon-binding condemnation of thecourt's decision. While the publicityfirestorm could eventually result instronger laws against public seizureof private property, state governmentsare happy to continue confiscatingautomobiles like property rightsnever existed.

The number of excuses given forgovernment automobile seizures isexpanding dramatically. Since 1991,the Commonwealth of Virginia has permanently seized 6,450 auto-mobiles for crimes ranging fromdrug-running to "frequenting a bawdyplace." Now other jurisdictions aredeploying new technologies to seizecars for the most minor offensesimaginable. The case of New Haven,Connecticut resident Kathy Martoneillustrates this appalling erosion ofproperty rights.

Earlier this year, when Martoneleft her house to walk her dog, shediscovered that her Plymouth Neonhad been grabbed right out of herdriveway. The culprit: The City ofNew Haven. Using a handheldcamera with Automatic Number PlateRecognition (ANPR) technology, amarshal identified her car as a vehiclewith $85 in unpaid parking tickets.Like 1,800 other individuals,Martone's car was seized by the city and held for ransom (originalfine plus recovery costs).

The ANPR technology that helpedNew Haven police nab Martone's carwas originally developed to locatestolen vehicles. Last year, in a large-scale ANPR test, UK police officerssnapped 28 million digital photos,stopped 180,000 individuals forquestioning and recovered some1,100 stolen vehicles. They also

discovered a new purpose for theircameras: revenue generation. Policeused the system to issue 51,000tickets to drivers for offenses rangingfrom speeding, to drinking from awater bottle, to talking on a mobilephone. Ecstatic UK officials nowplan to equip every police force in thecountry with ANPR.

When Arlington, VirginiaTreasurer Frank O'Leary learned ofthe technology, he too was ecstatic. "I rub my hands together in great glee and anticipation," he said in atelevision interview. "I think it'sbeautiful. It gives us a whole newdimension to collection." Currently,Arlington's Bootfinder targets anyoneowing $120 to the city for anyreason—even overdue library books. It has generated hundreds of thousands of dollars in "new"revenue. New Haven's setup likewisepulled in a cool million in just thefirst six months of operation.

Predictably enough, that kind ofcash has drawn a lot of attention fromcities across the country. Chicago,Detroit, Los Angeles, San Diego and Tampa have all tested similarsystems. Although each considers the ANPR test a "success," none carethat city databases contain a built-inmargin of error. For example, the cityof Annapolis, Maryland recentlyaccused 2,000 residents of not payingtheir parking fines—even thoughthey had done so. The city quicklycompounded the error by sendinganother round of delinquency noticesto 5,000 innocent residents.

Before ANPR-facilitated seizurewas deemed acceptable, a screwed-up parking ticket database was aminor hassle. Now it's aConstitutional nightmare, mockingfundamental and cherished legalprotections: the right to be presumedinnocent, the right to a trial by jury,the right not to have excessive fines

imposed, the right not to be searchedor have your property seized withoutreason or warrant, and the right todue process.

States conducting automotiveseizure rely on a doctrine found in a1931 Supreme Court ruling stating,"It is the property which is precededagainst, and, by resort to a legalfiction, held guilty and condemned asthough it were conscious instead ofinanimate and insentient." In otherwords, it's OK to confiscate your car because you forgot to pay an $85 parking ticket; you didn't committhe crime, your car did. In 1980, the 7th Circuit Court of Appealsreaffirmed the concept, convicting a1976 Mercedes Benz 280S of drug-running. The Bill of Rights, the courtargued, applies to people not to cars.

Albuquerque, New Mexicoagrees. It's the first jurisdiction tocombine a seizure ordinance with ared light camera. If your car—nomatter who was driving—blowsthrough two red lights, they'll take it for thirty days. The more citiesfollow suit, adopting get-rich-quickred light and speed camera schemes,the more likely you are to lose yourwheels. If you forget to file a changeof address form with the city, or thepost offices loses your ticket in themail, the first time you realize you'vecommitted a "crime" will be whenyour car disappears.

The Supreme Court's ruling onhome seizures is a wakeup call toevery American. While the issue ishot, contact your state legislator and demand repeal of automobileseizure laws as well. Otherwise, thestate will soon become the numberone practitioner of grand theft auto,with your car constantly in its sights.

Richard Diamond is the editor ofthenewspaper.com and is also anNMA Foundation Board Member.

JJ

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NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

SEPTEMBER/OCTOBER 2005

7777

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Continuing TrendsPreliminary numbers for 2004

show that the number of traffic deathsin the United States decreased from2003. More importantly, the nation's

fatality rate also dropped, continuing a decades-long trend.Based on every 100 million-vehicle miles traveled, the 2004fatality rate is 1.46—the lowest it has ever been.

At the same time, another trend of higher maximumspeed limits has also been under way. Since the NMA suc-cessfully lobbied for the repeal of the National MaximumSpeed Limit, a number of states have raised their limits. Infact, the majority of states now have speed limits higher than65 mph, which was the standard before the repeal.

Yet, despite these two concurrent trends, few public

policy makers are willing to acknowledge the relationshipbetween higher speed limits and lower fatality rates. Higherlimits that are patterned on actual driver behavior, reducedangerous differences in speed and improve overall trafficflow. Both help to reduce the number of accidents andtraffic fatalities.

This is why higher speed limits have not caused higherfatalities rates; rather, they have coincided with the lowestfatality rates ever. The good news is that while manyofficials continue to ignore the benefits of higher speedlimits, others are finally wising up, as evidenced by thehandful of states that chose 2005 as the year to raise theirspeed limits.

NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

SEPTEMBER/OCTOBER 2005

8888The State Of

NMA members may not agree onevery motorist issue, but the one thing we all agree on is that the majority ofspeeding tickets are issued for the sake ofgenerating money, not to increase safety.In all the years that I have worked withthe NMA, this is the one truism that hasbeen repeated over and over again.

We also know that this revenuegeneration is cloaked in terms of safety.The mantra chanted by these officials isthat speed kills and reckless drivers whoexceed the speed limit are making ourroads more dangerous every day (nevermind the fact that our roads become saferevery year). Thus, officials need to crackdown on these dangerous individuals.Yes, money is generated, but this is a"safety" issue.

This is the same song that I have heardfor years. Until now... Coopertown,

Tennessee hasdone what Ithought wouldnever happen.The mayorspecifically

reduced speed limits to generate money.And, he is admitting that was the reasonbehind the reduction. Bragging might bean even better term.

It seems that the police departmentwas costing the city money to operate.For example, during the 2003-04 fiscalyear, the police department needed$125,123 in operating costs. Revenuefrom tickets was $17,689 which meantthat the town had to pay the remaining$107,434.

"In response, Coopertown loweredspeed limits and began enforcing themcreating a big jump in revenue," saidMayor Danny Crosby. "A big jumphappens with good management."

According to city records, court finesfrom July 1, 2004 until December 31,2004 totaled $10,172.25. Then the ticketblitz began. From January 1 to June 30,2005 court fine revenue jumped to$152,324.

"Our police department will no longercost the citizens of Coopertown. It will beself-sufficient from now on," said Crosby.

Of course it is going to cost the

citizens. The only difference is that itmay cost them even more than before.The citizens (as well as others who travel in the area) will be receivingunjustified traffic tickets. Tack oninsurance surcharges and the price goes higher. An additional cost could be the loss of business in the area. AsCoopertown's unsavory reputationincreases, the amount of people who wish to do business there will decrease.

What do others have to say about this? "I've seen court dockets in the past

that prove only two tickets were given inCoopertown during one month's time,"said Coopertown City Recorder KacieReynolds. "I mean Coopertown is calleda speed trap now, but I would ratherknow our police department is out thereworking rather than just giving out twotickets a month."

If this type of attitude continues, Ihave a feeling that there may be a changein personnel at city hall after the nextelection cycle.

SPEEDLIMIT

70

Limits Down, Revenue Up In Coopertownby Eric Skrum, Managing Editor

SPEEDLIMIT

55

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Speeds At A Glance

With all this focus on speed limits, we

thought now would be a great time to take

a look at where we stand with maximum

speed limits across the United States. You

can also find a map of the states and their

limits at www.mit.edu/~jfc/speed/states.gif

What’s Up With Speed Limits For advocates of higher, more

rational speed limits, it has been an excellent year. Bills were intro-duced in numerous states that wouldincrease speed limits on a variety ofdifferent types of roadways. Thisspring, three states moved to raisetheir maximum statutory limits onfreeways and expressways.

Iowa was first to act. In April,Governor Vilsack surprised many bysigning into law a measure that raisedthe maximum interstate speed limitfrom 65 to 70 mph. Even a few daysbefore the signing, it was unclear howVilsack would act, but in the end heerred on the side of good engineeringpractices. The new limit went intoeffect on July 1st, just in time forvacationers to enjoy the higher limitduring the Fourth of July weekend.

In May, another Midwestern state,Indiana, joined Iowa. GovernorDaniels's signature on SB 217 cleared

the way for an increase in the limit oninterstates. Like Iowa, the limit wasraised from 65 to 70 mph, althoughthe new law excluded portions of theinterstate system that passed throughurban areas. Travelers had to waitonly slightly longer than those inIowa for the new signs to be posted—the state began installing the newspeed limit signs on July 5th.

Last, but truly not least, TexasGovernor's Rick Perry agreed toraising the speed limit to 80 mph onrural portions of I-10 and I-20, whileother rural, two-lane highways couldsee limits of 75 mph. The Texasproposal is of great significance giventhat 80 mph is now the highest postedspeed limit in the United States.

Closer to home for NMA andNMA Foundation staff, there is a realpossibility that Wisconsin may joinIowa, Indiana, and Texas with ahigher speed limit on our freeways

and expressways.In July, SenatorReynoldsintroduced SB 270,which would raise the state's limit to75 mph. Reynolds's proposal hasdrawn criticism from the media, but alarge portion of the public appears tobe supportive.

The NMA has been supportive ofthe measure, and has been in closecontact with the senator's office. At the same time, the NMA is explo-ring the possibility of developing acompanion bill that would not focuson a solid numeric increase, butwould instead rewrite state statutes toensure that all of Wisconsin's speedlimits be based on the 85th percentilerule and sound engineeringprinciples. The feasibility of thisapproach will be determined withinthe next several months.

NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS 9999

SEPTEMBER/OCTOBER 2005

Speed Limits!

SPEEDLIMIT

75

AlaskaConnecticutDelawareIllinois KentuckyMaineMarylandMassachusettsNew HampshireNew JerseyNew YorkOhioOregonPennsylvaniaRhode IslandVermontVirginiaWisconsin

AlabamaArkansasCaliforniaFloridaGeorgiaIndianaIowaKansasLouisianaMichiganMinnesotaMississippiMissouriNorth CarolinaSouth CarolinaTennesseeWashingtonWest Virginia

ArizonaColoradoIdahoMontanaNebraskaNevadaNew MexicoNorth DakotaOklahomaSouth DakotaUtahWyoming

SPEEDLIMIT

65

Speeds At A Glance

With all this focus on speed limits, we

thought now would be a great time to take

a look at where we stand with maximum

speed limits across the United States. You

can also find a map of the states and their

limits at www.mit.edu/~jfc/speed/states.gif

70 mph65 mph 75 mph

Hawaii55 mph

Texas80 mph

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Act 1 Carol O'Loughlin Real Estate Inc.Falmouth, MA 02540508-540-4200

Alexandria Bavarian ServiceAlexandria, [email protected]

Amex Tool Co. Inc.Asbury, [email protected]

Anderegg & Mutschler LLPMilwaukee, [email protected]

Associated Beer Distributors Of IllinoisSpringfield, [email protected]

Automotive Marketing ConsultantsVista, CA

B & H Industrial Inc.Midland, [email protected]

Bancare Inc.Hawthorn Woods, IL847-394-1122

Bare Bones Software Inc.Bedford, [email protected]

Barry S. JacobsonAttorney At LawBrooklyn, [email protected]

Bose Law Firm PLLCMcLean, [email protected]

Brian J. Grossman, Attorney At LawRichmond, [email protected]

Capitol Insurance CenterIndianapolis, [email protected]

Casey W. Raskob IIIAttorney At LawCroton-On-Hudson, [email protected]

Dana Fleet LeasingToledo, OH419-891-7594

Disarm LLCAnn Arbor, [email protected]

Doug & Mark VolkRiverside, CA

Driver Rehabilitation Services Inc.Dundas, [email protected]

DRIVERIGHTPASSLEFT.COMColorado Springs, [email protected]

Goodman Sales Co. Inc.North Arlington, NJ201-997-2900

Gross & Romanick PCFairfax, [email protected]

Hector Hernandez-Nazario,Attorney At LawSan Juan, [email protected]

HPE Inc.Reno, NV

Hulett Trucking Inc.Allenton, [email protected]

John J. Davy III,Williamstown, NJ609-206-4668

Law Offices of Maria Tsao TuPlano, [email protected]

Law Offices of Robert MillerSanta Ana, [email protected]

Law Offices Of Sherman EllisonSherman Oaks, [email protected]

Luxury Limousine/Florida KeysKey Largo, [email protected]

NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

SEPTEMBER/OCTOBER 2005

11001100

continued on page eleven

2005 NMA Business Members!Each year, we proudly publish

a list of NMA business members.These businesses have supportedour causes throughout the pastyear and we hope you willsupport them.

As a business member, youreceive a fifteen percent discount

toward the purchase of anyNMA advertising package. Yourcompany officers are included inour Traffic Justice Program, andare eligible for all of our regularNMA benefits.

If you are interested inbecoming a business member

and supporting the NMA in thismanner, please call the nationaloffice at 608/849-6000 for moreinformation.

Thank you, to all of our 2004business members.

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NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

SEPTEMBER/OCTOBER 2005

11111111Davenport RLC Results Are Lacklusterby Heidi Katchkey, Editorial Assistant

ast year, Davenport officialsdecided to install red lightcameras at five of its busiest

intersections. However, the results werenot exactly what city officials expectedto find. While it's true that the revenuefrom the cameras increased the fundsgoing to the driver education program,rear-end collisions also increased atsome intersections by over 50 percent.

This increase in accidents is due to several factors. The first is thatmany motorists are slamming on theirbrakes because they are afraid they will receive a ticket, even though inmany conditions it would have beensafer for them to proceed through theintersection. The second factor is more nuanced.

When a city has an intersection with

a violation or crash problem, in mostinstances, there are engineering flawswith the intersection that are causingthe problem. When a camera isinstalled, these flaws aren't fixed…they are covered up. Combined withthe above scenario, you will see anincrease in the number of accidents atthese intersections.

Citizens and city officials from other areas of Iowa have begun to see these and other problems with thecameras. Des Moines Police Chief BillMcCarthy is one of those who is nowspeaking against the cameras.

He believes they have removed theopportunity for police officers toeducate drivers during a traffic stop,along with the ability for the officer touse his discretion whether the motorist

was able to stop depending on the road conditions.

McCarthy claims the cameras areused mostly for revenue, because atleast 40 percent of the profits from the tickets are given to the cameracompany. McCarthy also had problemswith the idea that vehicle owners willreceive the red light camera citationseven though they might not be the onesdriving the vehicle at the time.

It is reassuring to see some officialsin Iowa speaking out against red lightcameras using arguments similar toones we advocate. With this growingdissatisfaction with the cameras inIowa, hopefully, Davenport willexplore other solutions such as anengineering approach.

Michigan Licensed BeverageAssociationLansing, [email protected]

Missouritraffictickets.comSpringfield, [email protected]

MTSE InternationalNew York, [email protected]

Nistico & Roberts PCMedia, PA800-680-5666chuck [email protected]

Norbco Inc.Westmoreland, NY315-853-3936

Oracle Ford MercuryOracle, AZ520-896-3673

Pantech Inc.Wayne, PA610-688-3998

Reading's Fun Book FairsLansing, [email protected]

Robert S. Hattner MDSan Francisco, [email protected]

Scientific Retail Systems Inc.Caro, MI517-673-6226

Soundtel Inc.Bothell, WA

Southern ElectronicsRichmond, [email protected]

Speedometer Calibration CenterVirginia Beach, [email protected]

Sunset Sound FactoryHollywood, CA323-469-1186

Talley's Log Cabin BarLewiston, MI989-786-2011

Thomas Blauvelt, Attorney At LawEdison, [email protected]

The Traffic LawyersOverland Park, [email protected]

Trol-Matic ServicesCorcoran, MN612-494-4681

Valentine One800-331-3030www.valentine1.com

Walkup Transport Inc.Kendallville, [email protected]

Business Memberscontinued from page ten

LL

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NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

SEPTEMBER/OCTOBER 2005

11221122News From Around The Country

t the time of printing, thelegislative information iscorrect. To track the progress

of these bills or for contact informationfor your legislators, you can visit theSpeak Out! section of the NMA website at www.motorists.org/speakout/state.html.

You can also find NMA positionson any of these topics that you can usewhen contacting your legislators onthese issues at www.motorists.org/issues/index.html.

ColoradoThe Colorado Department of

Transportation (CDOT) has decidedthat state roads would be exempt froma new plan to install ticket cameras in the Denver area. The CDOT'sposition was formed in response tostatistics that show cameras actuallycause more accidents.

ConnecticutHB 6206, which would have

lowered the speed limit for large trucksfrom 65 mph to 55 mph on rural inter-states, has died. The bill remained inthe Joint Transportation Committeepast the required deadline.

IllinoisChicago motorists not only have to

worry about being nabbed by red-lightcameras. They also risk being ticketedby new photo radar units. The city hasalready deployed mobile radar-equipped vans on streets adjacent tointersections with photo enforcement.

IndianaThe Bureau of Motor Vehicles has

decided to ban clocks at BMV's. This"brilliant" idea is an attempt to reducecustomer complaints about the longwaits at the BMV. For this to be truly"effective," the BMV will also have toban watches.

MarylandMaryland authorities are using EZ-

Pass technology to cite thousands ofmotorists who drive above the speedlimit at toll booths. Drivers who areobserved violating the speed limit 20times in a 90-day period of time willhave their EZ-Pass privileges revoked.

MassachusettsThe legislature is considering a

bill that would require teenagers tohave 30 instead of 12 hours drivingexperience before getting a license. Or, 20 hours if they agreed toparticipate in an advanced drivingcourse, which features lessons in how to react properly to emergencysituations, such as when a car starts to skid.

MinnesotaA last-minute measure was

added to the state transportation billthat prohibits learners permit holdersand provisional drivers from using cell phones while driving. The new prohibition will take effectJanuary 1, 2006.

MississippiA bill that would have required

drivers to slow down at night on majorroads has failed. The speed limit wouldhave dropped from 70 mph to 65 mphat night. The affected highways wouldhave kept the 70-mph speed limitduring the day.

MontanaThe Attorney General has put a

stop to the State Patrol's new policyrequiring troopers to stop at least onevehicle an hour, whether or not a ticketis issued. In fact, under the formerpolicy a trooper could meet his or herquota by pulling over a driver whohadn't done anything wrong.

New JerseySmoking in your car will be illegal

if Assemblyman John McKeon has hisway. His bill, AB 4306 would allowpolice to issue a $250 ticket to a

smoking motorist who is pulled overfor a primary offense such as speeding.

North DakotaNorth Dakota's Senate voted against

increasing the speed limit to 60 mph onpaved, unposted country roads. Thiswould be a five-mph increase from thecurrent 55 mph.

OhioCleveland has installed 30 red-

light cameras, six of which also havethe capacity for speed enforcement.Meanwhile, Cincinnati Mayor CharlieLuken vetoed an ordinance that wouldhave allowed ticket cameras in his city.

PennsylvaniaHB 1776 would prohibit drivers

with learner's permits or junior driver'slicenses from using mobile phones.Currently, the House TransportationCommittee is considering this bill.

VirginiaJust one week after the speed limit

was raised to 60 mph, AlbemarleCounty supervisors are requesting thelimit on Highway 29 be changed backto 55 mph. This action comes despitethe fact that no accidents haveoccurred since the speed limit wasraised, and no studies have beenconducted to justify this request.

AA

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Counselors in America.

Please visit www.FirstStone.com

or just call us at (972) 235-1188

if you need help!

(15+ yrs in “The Bus.”)

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An open letter to Mayor Chavezof Albuquerque, New Mexico:

I read in the July/August issue of NMAF NEWS that you andmembers of your city council haveused the city's "public nuisance"ordinance to justify permanentlyseizing the vehicle of anyone"accused" of DWI or, anybody who receives a second red-lightcamera ticket will lose their vehiclefor thirty days, even if the ownerisn't driving the vehicle.

Has it ever occurred to you thatthis is a violation of due processlaws and the Constitution of theUnited States of America? Police inyour city are obviously being usedby you and your city council to raiserevenue. The cameras at stop lightsare all about raising revenue,nothing more, and nothing less.

Rest assured Mayor Chavez,every fall and every spring, foryears, my wife and I pass throughAlbuquerque on our way to ourwinter residence. We stay inAlbuquerque at least fifty percent of the time we go through your city. No more will we go throughAlbuquerque, New Mexico.Whenever we stopped at one ofyour motels and ate and drank atone of your restaurants, we wouldspend upwards of $125 at a time.You can be certain that from nowon, we will avoid Albuquerque.Just so you know, there are otherways to get to where we're going.

M.C. GresserEagan, MN

I read the editorial comment byJames Baxter regarding "TicketsAnd Taxes" about the WashingtonD.C. photo radar system with greatinterest. I live only a very shortdistance from D.C. having movedhere about eighteen months ago andhave read the comments about thesystem of ripping off motorists andthe mayor's "we need the money"comments. I have my own personalmethod of protest and thought Imight pass it on.

Despite my closeness to D.C, Irarely go into the city except on therare occasion that I must for somereason. Since I've lived here, I'vebeen in the city less than a dozentimes. I don't do any shoppingthere, eating out or anything elsethat generates any tax money.

I'm not missing very much bystaying out of D.C. If I must go toD.C., I take the metro and since thecity spends about $5 for each dollarit collects in revenue from metroriders, I make no contribution.

My point is this: My lone battleprobably doesn't bother the mayor,

but if a large number of people wereto act as I do and let the city know of their actions and thereasons for them, perhaps the city would change. Why not have the NMA start the protest andsee if we as a group can't get themayor to change?

James R. CampbellArlington, VA

Thank you for all that theNational Motorists Associationdoes. I remember your articles onstopping red light cameras in Utah,and now that I'm here, thank youagain. Utah, as well as a few otherstates, has a strange and dangerouslaw that average traffic violationsare misdemeanors, not infractions.

In my opinion, that may be agood area for NMA to work on forall such states. Maybe I am taking ittoo seriously, but that seems like avery dangerous classification of"crime" in the hands of a court.

Brian OttWashington, UT

NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

SEPTEMBER/OCTOBER 2005

11331133

Your letters are welcomed and appreciated. This is a forum for diverse opinions, different perspectives, andpersonal experiences. Letters may be edited for length or clarity. Letters should not exceed 300 words inlength. Full-length articles will also be considered for publication in the NMAF NEWS. Articles should notexceed 600 words in length. Positions and opinions expressed in letters and NMA member-authored articlesare those of the author and do not necessarily reflect NMA Foundation policies or objectives. To submit, youcan email us at [email protected] or mail to our NMA Foundation Office.

MEMBERS WRITE

Your license to drive!Protect one of your most valuable assets:

Casey Raskob has been fighting traffic tickets for over 15years. He has the experience you need.

Contact him with your next ticket!

New York Traffic Ticket Defense Statewide

The Law Offices of Casey W. Raskob, PC914-271-5383 [email protected] www.speedlaw.net

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NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

SEPTEMBER/OCTOBER 2005

11441144

o you have a question thatonly an expert can answer?If so, look no further. We

have many NMA members withspecial fields of expertise. Thisfeature was created to assistmembers with answers to bothpractical and technical questions.

This sharing of knowledge isanother benefit of belonging to theNMA. Please indicate that you arean NMA member when calling alisted “Expert.”

Can you help? Please contact uswith your field of expertise andprovide us with a contact address.

A telephone number would be veryhelpful, but is not required. Feelfree to list preferred contact times ifyou do provide a telephone number.

PLEASE NOTE: This is notintended for listing of commercialbusiness services.

DDThe Experts’ Corner

As an NMA member, the Experts’ Corner is available to you online at

http://www.motorists.org/join/membersonly/experts.html

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NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

SEPTEMBER/OCTOBER 2005

11551155

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MAIL TO: NMAF, 402 West 2nd Street, Waunakee, WI 53597• Order toll free: 1-800-882-2785 • FAX: 1-608-849-8697 • Web Site: www.motorists.org

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This is a brief list of products available to you. For a complete list, visitour Motorist Marketplace at www.motorists.org or call 800-882-2785.

NMAFLegal

Defense Kit

NMAF Legal Defense KitTM

Represent yourself in traffic court and win! In addition to covering courtprocedures and strategy, this nine-pound kit includes technical information on speedenforcement devices. It also contains state-specific information on Discovery andPublic Records Laws (this is how you get information from the police on yourcase!). Remember, this resource is being constantly updated and improved.

Call 800-882-2785 to order the Kit and tailor it specifically to your ticket!

Member Rental Price: $30.00 per month rental$13.00 S&H (9# box)$155.00 refundable securitydeposit.

Smile For The Speed Camera: Photo Radar Exposed!

The author is a practicing attorney who is considered one of the leading expertson photo radar law. She takes you inside the process and exposes the truthabout winning in court. In these pages you will learn how you can beat themachine; when you can ignore a ticket; what a trigger speed is and why itmatters; and how to prepare a solid case. And, that’s just for starters! She alsoshows how these cameras are nothing more than a source of revenue generationfor the cities and not the safety devices they claim to be.

Member Price: $19.95Non-Member Price: $24.95Quantity________________$ Amount_______________

American Autobahn

This book takes a tough but enthusiastic look at the state of American highwaysafety, exposing some of the half-truths and myths about the single mostmisunderstood factor in traffic accidents today—Speed. It also offers a goodoverview of the German Autobahn and America's Interstate System as well assome interesting suggestions from the author on how to improve safety on ourroads.

NMA Patch

The patches are three inches in diameter. They have a white background, acolor NMA logo inside, and are surrounded by a black border. The NMAweb site is embroidered on the patch with black lettering. They can be easilysewn to just about anything. Hats, jackets, or shirts are just a few of theoptions.

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NATIONAL MOTORISTS ASSOCIATION NEWS

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If your NMA membership expiration date is on (or before) 11/01/05,this is your last issue of NMAF NEWS.PLEASE RENEW NOW TO AVOID ANY LAPSE!!!

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As an NMA member, the State Chapter Coordinators and Activists are available

to you online at http://www.motorists.org/join/membersonly/sccact.html

edicated volunteers who monitor, publicize, and lobby critical motorists’ issues, for you, within your state.They can also provide insights on how to best fight a traffic ticket in your state.DD