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re: Traffic light camera ticket

Posted on 12/29/15 at 12:26 pm to
Posted by LR2RedStick
Baton Rouge/Little Rock
Member since Nov 2010
373 posts
Posted on 12/29/15 at 12:26 pm to
except in baton rouge they don't get money judgments obtained against you.

And in order to get a money judgment obtained, there must be some contractual basis, as well as notice served on the debtor. Sending a non-certified mail demand letter is insufficient. Couple that with the fact that no proof exists that you contractually entered into a debt, then you are not going to be subject to a money judgment.
Posted by texashorn
Member since May 2008
13122 posts
Posted on 12/29/15 at 4:25 pm to
What happens if I ignore the Notice of Violation?

If the second notice remains unpaid, collections proceedings and entry of a judgment against you may proceed.

LINK

quote:

Sec. 154-1704. - Effect of liability; exclusion of civil remedy.

(a)

The imposition of a civil penalty under this article shall not be considered a criminal conviction.

(b)

A civil penalty may not be imposed under this article upon the owner of a motor vehicle, if the operator of the vehicle was arrested or was issued a speeding citation and notice to appear by a law or public safety officer as a violation of R.S. 32:232, even if such violation was captured by the automated traffic enforcement system. The imposition of a civil penalty under this article is an alternative method of detecting and deterring red-light violations and speeding.

(c)

An owner who fails to pay the civil penalty or to timely challenge liability for the penalty is considered to admit liability for the full amount of the civil penalty stated in the notice of violation mailed to the vehicle owner, and the matter will be transmitted to the parking adjudication bureau of the city. The city attorney is authorized to file suit to enforce collection of unpaid fines and/or related fees and penalties imposed under section 154-1703 to secure such payments.

(d)

If the owner fails to timely respond to the second notice, the department of public works is authorized to enforce the payment of this civil penalty and related fees by use of the following methods: immobilization of vehicles (booting), towing and impounding, reporting the debt to collection agencies/credit reporting agencies, and/or initiating actions through the court.

LINK
Posted by texashorn
Member since May 2008
13122 posts
Posted on 12/29/15 at 5:02 pm to
quote:

And in order to get a money judgment obtained, there must be some contractual basis

The "contractual basis" is when you applied for the drivers license. Same as implied consent to submit to breath or blood samples upon reasonable suspicion of driving drunk, or you lose your license.

The Federal Communications Commission often imposes civil fines for violations. That's because the radio or TV station is licensed by the government, similar to drivers licenses.
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