Four on-duty Montgomery County police officers caught speeding by automated cameras — in two cases driving twice the speed limit — had their $40 tickets thrown out by a county judge.
Circuit Court Judge Ronald Rubin ruled the officers’ right to due process had been violated, because the county police department does not have a written policy that outlines when on-duty officers would be exempted from getting tickets from speed cameras.
Speeding is a regular part of a police officer’s job and cops shouldn’t be expected to remember why they were speeding weeks or months after a speed camera catches them, attorney James Shalleck said.
“How are they going to recall that it wasn’t because they were speeding to stop a kid from running in the street chasing a ball,” Shalleck asked.
But for speed camera opponents, the case underscores one of the problems average citizens have with the cameras: That there may be a legitimate reason why they are speeding, and tickets from speed cameras presume guilt.
“This is the whole problem of speed cameras, they don’t allow for human interpretation,” said Sen. Alexander Mooney, R-Frederick.
The use of speed cameras has become a hot-button issue in Maryland, which will allow counties besides Montgomery County to start using them Oct. 1. Supports say the cameras reduce speeding and accidents. Critics call them “cash cows” for governments.
After his ruling Monday, Rubin indicated he fell into the latter camp: “That’s what this statute is: This is a revenue raiser, it is a tax machine.”
When a speed camera catches a police car speeding, the department checks its records to see who was driving and whether the officer was responding to an emergency or had another legitimate reason to speed. If there is no record of a compelling reason and the officer can’t provide one, he or she has to pay the ticket.
“They’re afforded more due process than the average citizen,” said Assistant State’s Attorney Teresa Casafranca.
Three of the officers who had their tickets tossed did not provide a reason why they were speeding. One officer, who was going 51 mph in a 25 mph zone in Rockville, told supervisors that he was driving to training, according to court records.
Capt. John Damskey, who heads the traffic division that operates speed cameras, said the police department disagrees with Rubin’s ruling and the county may appeal the case.
“To say that we are above the law, or cannot be held responsible is ridiculous,” Damskey said. “What’s the next step after that?”
