License Plate Recognition Software - What are your rights?

Use of license plate recognition software

Over the years, there has been an invasion of automated technology in the field of traffic management. While some view this as a good thing, its application has been questioned by those who fear an intrusion of privacy as well as the supposed infallability of these devices. For example, if a license plate recognition machine detects a traffic infraction, it's difficult to contest it without a Colorado Springs defence attorney since there's no one to question and no one to confront.

Recognizing these problems, the Colorado Revised Statutes allow many special protections against broken traffic rules detected by these devices. In this article, we take a look at some of these safeguards.

Safeguards

Many of the safeguards relate to the non preservation of records and making full allowance for the the fact that people would resent any gross intrusion into their lives by such machines. The authority in charge has to serve notice or summons with 90 days of the detection of the violation and the costs can't exceed those normally incurred by a civil service of process.

Significantly, any violation detected by an automated device can't be reported to the department. Even where the department is required to keep records under Article 2 section 121, no records of the violation should be maintained if detected by an automated identification system.

There are also strict signage requirements when a detector is in use. To take one example in the case of speed violations, a prominent sign should be placed 300 feet  before the detection device which informs drivers that such a system is present. Also except in the case of traffic signal violations, an officer must be present at all times when the device is being operated. Without the presence of such an individual, no violation is said to have occurred.

Another example of the leniency shown is the way in which a first time violator of the speed limit is treated. Provided the speed isn't exceeded by 10 miles an hour, such a person only receives a mail and a warning without being penalized in any way.

Engaging a competent attorney

There are many more sections of the law that a Colorado Springs defense attorney can help you with. For example, the exact way in which signs need to be displayed, along with other obscure exemptions that might be in place. It's very important for you to have an experienced attorney with you, and our Clawson & Clawson lawyers can help you navigate through the legalese. Contact us now for a free consultation.