City Should Expand Photo Ticketing of Speeders

People do not drive nearly as well as they used to in California. That’s a fact. Stand at the intersection of Market and Santa Clara Streets for ten minutes and you will see ten obvious violations at a minimum. In nearly every light cycle, someone will run a red light, another will illegally turn through a crosswalk full of pedestrians and nearly everyone going north on Market is speeding. There is a widespread lack of common courtesy, common sense and common decency among drivers these days.

There are many reasons for the deterioration of driving standards in California over the past 20 years. One of the biggest is that the driving population has increased at a much larger rate than the number of traffic enforcement officers. It’s impossible to police our city streets and highways properly, and since people refuse to follow the speed limits and other traffic laws voluntarily, something has to be done. One solution has been to use vans that photograph red light runners and speeders in neighborhoods who are then sent a ticket. It’s been used successfully all over the country, including San Jose.

Now, the legality of the San Jose program to ticket speeders with photos has been challenged and it has been criticized statewide by police unions. However, it seems that whatever the problem is legally can be fixed by quick legislation in Sacramento and at City Hall. That’s exactly what should happen. Walk down any straight neighborhood street with a 25-miles-per-hour limit and few stop signs and you will see the problem. Every day, I drive by schools with children present going 25 and people are racing around me at close to 50. We have to do everything possible to stop this nonsense, and vans are our best bet right now. We just need a lot more of them.

It’s interesting to note that the main legal challenge to the San Jose van policy came from a retired Santa Clara policeman who was caught going way over the limit. He thinks only police officers should be allowed to ticket speeders. However, as far as I am concerned, a retired or off-duty police officer should know the law and the dangers of speeding better than anyone and should be more careful to set a good example. If anything, this police officer should have to pay double. At any rate, he should stop whining and follow the law.

Turn off the cell phone and drive safely according to the law. It’s a matter of good citizenship as well as safety.

35 Comments

  1. Sounds like a great idea to me.  I was tailgated this morning while driving the 25 mph speed limit on a residential street.  People consistently drive way over the speed limit in my neighborhood. They should be ticketed. If they were, less would speed. It would be quieter, too.

  2. There is another problem affecting drivers in San Jose that leads to speeding when possible, and that is the reduction in “level of service” at key intersections in San Jose.

    A massive reduction in level of service took place in June 2005 by the city council which essentially imposed downtown congestion standards at many intersections and on many streets throughout San Jose. This essentially “downtownized” a very large portion of the city, especially with the dense and high developments occuring along many streets and all of the new transit systems.

    Instead of the old standard of “B” level of service (a fairly uncongested traffic flow maintained by controlling development), we now have the “D” level of service held out as appropriate. We shouldn’t validate feelings of frustration as appropriate, but driving in town is a lot slower than the recent past.

    Congestion is even built in plans for new developments. Developers and planners unveiled plans for the flea market along Berryessa Road yesterday, and blatantly include major reductions in level of service.

    To read my report on yesterday’s meeting, click here:

    http://missioncitylantern.blogspot.com/2007/03/from-our-flea-market-roving-reporter-be.html

  3. Sorry Jack.  I cannot agree with your sentiment, no matter how well intentioned.  Unmarked, unmanned photo radar vans are right up there with the spirit of the “Patriot Act”.

    If you really want to live in a police state then start advocating for a change of government to a more totalitarian form.

  4. Dale

    Good piece about the Flea Market.

    What about Five Wounds?? I live near San Jose High and I get all this stuff from SJSU.  Aren’t they just making us get ready for BART taking us over?  Isn’t BART the secret backer of all this community organizing stuff?

  5. Considering that courts in California and elsewhere have ruled that a police officer must personally observe the infraction that is recorded by the video, it seems like a huge waste of money to put sworn peace officers in a van all day at their full salaries, instead of using them to investigate, stop, fight real crime like murders, rapes, robberies, etc. 

    One exception—the job disability claimant cops could be assigned that task until they are able to resume full job duties—sit in a van all day to earn your pay instead of going fishing, golfing or doing some gardening or working the TV clicker.

    I understand your frustration.  I lived for 15+ years on a street that was used as a cut-through speedway to avoid the light or backup @ Bird & Minnesota.

    I got caught on one doing 31 in a 25 at a time when no-one but me was awake and driving.  I just looked at the photo, saw it was me, and went to traffic school over it.  There’ll always be someone (most) who will fight, even though they know they were in the wrong. 

    For an ex-cop to do so is disheartening; but I understand.  When they’re on the job in a blue and white, they speed, NEVER signal a lane change or a turn, run red lights without lights and sirens on, and generally flout many traffic laws.  Most cops seem to feel they are above the traffic laws.  But that’s another topic.

  6. Can hardly wait until the cell phone law goes into affect, 2008, I believe.

    Sad news about the Flea Market, I’ve never been there, but seems to be a good place for many to buy items they may not be able to afford elsewhere.

    Perhaps the retired officer became so accustom to speeding and breaking the law while he was employed that he feels he can still break the law. Have you ever noticed how many police cars routinely break laws.  I just saw one at 11th and Reed with his headlights off when they needed to be on, making a U-Turn over a double line!  Frequently I’ve observed them ignoring the barricades throughout Naglee Park.  Overall, I appreciate our force, but sometimes I wonder….  And, our Mounted Unit is the best!

  7. Yea, no one really make an issue about the fact that it was a policeman that took issue with the nascop van. That is sad and embarrassing.

    George, give it up about comparing the radar van with the patriot act. People just want others to follow the rules and then feel that those rules shouldn’t apply to them. People don’t care about being good citizens as Jack is asking for. They don’t want speeders in their neighborhoods but then go speed in other people’s neigborhood.

  8. I live on one of those straight residential streets with no stop signs for a nearly half-mile stretch and a speed limit of 30.  I go 30 and have people on my tail on a regular basis.  Because most people want to go at least 40.  And they leadfoot it from the stop sign where the half mile stretch begins.  The van has been out numerous times and it helps for a while.  They put out the “Your Speed” display for a while and it manages to slow people down only through the stretch where they can see it’s obviously displaying *their* speed to avoid embarassment.

    I think it’s despicable that an ex-cop is the one responsible for the demise of photo radar enforcement.  He deserves to be shamed by the media.  This serves only to reinforce my position that the majority of cops are hypocrites who feel they are above obeying the laws that WE pay them to enforce.  A bunch of angry and insecure men with complexes left over from childhood and who need to push people around to compensate for it.  That’s what most police forces consist of.

    To those who say we shouldn’t pay cops to sit in a van all day, I couldn’t agree more.  They need to be out there dealing with bigger criminal acts than speeding.  Caught speeders are issued a citation.  It’s not even a misdemeanor.  Why can’t a van be used for such a minor infraction?  One ex bad cop’s complaint should not be enough to take down photo radar.  I hope the decision is overturned, and soon.

  9. I agree with #5. Very good point.
     
      My experience with photo radar was in Alameda County where photo radar is everyware and people take it very seriously. My friends living in Union City tell me the Photo radar system has been very effective and pays for itself, fines are very high.

      Getting off Interstate 880 and comming to a stop light on Dacoto Blvd(aka hwy92) the light turned red I stopped and “Bingo” a bright flash, either the car next to me or I crossed the beam. I didn`t think it was me but it gave me a lot to think about for weeks. It`s six months later and no ticket so I guess it was the other car. The other car did not cross the intersection but must have hit the beam.
      Let me tell you it makes you think about what your doing when you drive in Alameda County. It`s like my friend said,“photo radar creates a state of mind, obey the law, safety first or be prerared to pay”

  10. This would mean downtown’s reputation would be offiically sealed up in two words:  Police State.

    Remember a few years back when so many people (especially out of town guests) were getting tickets downtown for jaywalking on our empty streets? 

    Photo ticketing? No way, Jose.

  11. The city needs revenue?
    Simple, ticket anything over the speed limit.

    The city needs to cut costs?
    Simple, let the machine photo and site’m.

    The city needs needs to be kind and user friendly?
    Simple, let the first machine ticket be a warning…
    make the next one full price and the next triple price.

    What about the issue of ticketing the registered owner
    vs. the drive?
    Simple,  you own the car…  you own the responsibility.
    Next?

    Police want that responsibility and not have it outsourced automation or a machine? 
    Tough…  don’t we all.  The community has a list of things they can do that automation and machines can not do.  Just ask.  They can tag speeders in their spare time. Better yet, have the radar trailer trigger an immediate alert to all
    officers in the area when it’s triggered by a “recklessly
    fast speeder”.

    The state says that’s not right?
    So what are they going to do; spank us for saving lives, using common sense and being fiscally responsilbe?

    Is this too simple?

  12. Jack,
    I tried to post a comment on this topic, the day you put it up. It didn’t appear. I tried to e-mail you, as per your instructions. It came back undeliverable. What’s up?

  13. Bridget

    Sorry you had a problem. I don’t know what happened. I can’t find any comment from you on this day’s subject in our system. Try emailing me at the link below (

    sj*****@ao*.com











    ). Also, please repost your comment here and it should come through. I’ll look out for it.

    Thanks for letting me know of the problem.

  14. Alaska, Arkansas, Nebraska, Nevada, New Jersey, Utah, Virginia, West Virginia and Wisconsin all have enacted a ban on photo ticketing.

    California and most others have a ban on radar-photo ticketing.

    How many dead…  how many injured and maimed for life here in California from excessive speed in our neighborhoods and on our roads highways?  In 2001 1,443 died in speed-related traffic accidents.  Who know how many since.

    If radar-photo ticketing has been shown to improve driver behavior and save lives, then surely law enforcement unions must be in support of this.

    Right?

  15. Here’s a thought recently posted to the Willow Glen Neighborhood Assoc. email list…  maybe not a new thought but one to think about…

    If the state is so influenced by Police Unions as the SJMN editorial article suggests; and there are a number of cities in the state that would like to implement this for safety and other reasons,  maybe we could convince our Mayor (with our support) to form an alliance of Mayors throughout the state to press the issue at the state level.

    With the internet, community activists in neighborhoods might be able to convince their local city governments (Mayors) to join the “Alliance of California Cities for a Photo Radar Program”. 

    It might provide a vehicle for pooling data, research, community support and leverage for such an effort.  And in turn, the Alliance of Mayors with the backing of their communities could in effect be the lobbyist for the people at the state level.

    Any thoughts?

    David (saddened but hopeful)

  16. #17-We do have Code Enforcement but they too are understaffed, and under budgeted. They are not trained to do what the Police Department does in traffic issues either.
    I don’t know about the rest of you, but I can’t help wonder what happened here in San Jose. Since when did our former Mayor and Council put public safety at the bottom of the importance list? It is just outrageous to me that the Police, Traffic Enforcement, Code Enforcement, and other vital departments, have become so understaffed and under funded?
    Where did all that tax money go? Pools are falling apart, parks don’t have bathrooms, there are potholes in streets large enough to fill with water and let small kids swim in them, communities are going without all kinds of services! It’s pretty unsettling when you think about how wealthy San Jose has been, and how badly the money has been frittered a way on a big useless City Hall with all the warmth and charm of a cemetery, and on new housing no one in the middle class bracket can afford. Very, very depressing…
    I guess someone is going to have to get badly injured, or killed, sue the City, and then may be something will change.

  17. Bridget

    You are asking some very good questions. Where has the attention and money been going? Billionaire developers via lobbyist insiders, NorCal, business subsidies, the car race and overtime to police to babysit the downtown weekend crowds.

    I have had several discussions with Code Enforcement officers about excessive noise levels late at night from two certain clubs. They say they believe the clubs are in violation but they can’t cite them without being there, and their supervisor won’t permit them overtime to work beyond the usual 9-5 M-F shift, so they can never come out and do anything about it. Now that is a true Catch 22. You know what they told me? Just call the police 311 number since they are already down there anyway!

  18. Amen. Great column Jack!

    I’ve been dealing with my Council Member trying to get her to do something about speeders on Woodard Ave. What a huge waste of time. I’ve been sent to three different agencies. Everyone passes me on to someone else.  The big excuse I keep getting is, “We’re understaffed, and under funded.” It doesn’t take a rocket scientist to know that’s true, but for Gods sake, if they can’t put Police out there, then Jack’s idea is the only answer to stopping the abuse.

    Farnham Elementary School is right by my house. People speed by there like there’s someone after them. I really worry about the kids getting hit. A few months ago, my elderly neighbor was pulling into her driveway, with her daughter and grandson in the car. (They live right next door to the school.) They were rear ended by a hit and run driver. They had to be taken to the hospital by ambulance. Thank God they had minor injuries, and a passerby got the license number of the idiot who hit them.

    Twice this year someone has sped down Woodard from Bascom and hit a pole, dented it and driven off. New Years Eve, another neighbor of mine was driving to the store to get makings for cookies. A bunch of teenagers jumped out into the street, and egged his windshield. The Police were called, and didn’t even bother to come out. (They were busy protecting downtown…)

    I’d rather have a Police Officer out here, but since the City can’t afford Traffic Enforcement Officers, I say put up the camera, and shoot a way. May be several hundred dollars in fines will stop the abuse, and save lives.

  19. A few thoughts if I may. 

    1) With high rise residential going in along the major our transportation corridor, pressure on nearby Willow Glen and other neighborhoods is going to become incredible; and it will present serious economic, law enforcement and environmental issues.

    2) Neighborhood and “high density” residents will feel the pain as well as City resources all.

    3) Police officers are retiring in record numbers.  Finding recruits and filling openings is growing increasingly difficult.

    4) In spite of increasing traffic congestion, growing population and P.D.
    recruiting difficulties, there is a Win-Win:  more police and better technology.

    6) We are “Silicon Valley”, the valley of technology.  It’s our trademark.
    It’s our key to new jobs; both high tech and law enforcement.

    7) A joint venture between law enforcement and high tech could generate jobs for both.  San Jose could lead the country using, testing, improving and perfecting ways to manage traffic flow efficiency, lower greenhouse emissions and make San Jose the safest large city in America.  San Jose high tech and the San Jose P.D. could set the standard for other growing cities.

    8) Engaged in the process of perfecting Photo Laser Traffic Engineering and Management might be good for all.  It’s not a zero sum game.

    9) Just think…
      — traffic moving more smoothly
      — traffic engineering P.D. and high tech designing best practices, refining processes
      — results and stats setting nation wide standards
      — monitoring hot spots and adjusting flow, conditions or behavior
      — high tech developing real time color coded computer graphic images of traffic flow patterns in all patrol cars
      — instant RF or radio alerts of reckless or dangerous behavior
      — let your imagination wander… high tech innovation will follow
      — a few may grouse but many will be thankful and very proud

    10) And now for the Win-Win, tax payers and the City might be well behind funding more law enforcement positions to advance such a vision… such an effort.

    This city can set the standards.  All of us can win in this.

  20. #21 are you out of your mind?  We have the most inept, stupid, lazy srewed up police force in the US.  They can’t tie their own shoes let alone use technology.

    The chief was the tech czar of the force and he couldn’t even implement PeopleSoft software.  He spends a lot of time down in the server farm banging the side of the servers with a donute to see if he can get the Peoplesoft software to work.

    If he couldn’t even get simple software like people soft to work, how could he lead a tech takeover of silicon valley.

    The chief should just stick to picking on nightlife and you should switch to decafe

  21. George Orwell,

    Aren’t you over reacting as you ” let your imagination wander ” back to 1984 police state which many would say exists in downtown already on his improvement suggestions to solve our traffic speeding and public safety problems with a shortage of police officers, budget shortages and little taxes to pay for effective solutions

    There are many ways to more efficiently use technology to help solve our traffic, pollution and public safety problems without creating a police state.

    San Jose is best place to create well designed solutions with built in civil liberty and privacy protections rather than other areas of the county where the end result would be closer to Bush administration’s abuses and your future concerns about 1984 type controls or name a better city

    The 2 other options are to do nothing and accept the speeding, traffic, public safety problems   or

    pass new taxes to pay for more police officers using current less effective and higher cost procedures that already have many civic liberty abuse complaints from ACLU, NAACP and other community groups with very few protections

    Make a choice or come up with better suggestions rather than be ” another typical no solutions SJI angry complainer ”

  22. #21

    You are kidding, right?  Why don’t you just come out and advocate a totalitarian state since that is what you are saying.  I cannot believe that there are people who care less about the principles upon which this country was founded.  Let’s just put cameras and microphones on everyone so that the police can monitor all our thoughts and actions.

    George Bush can use thinkers like you.  His Patriot Act and torture advocate, Attorney General Alberto Gonzales,  is going to be losing his job for using his position to push a political agenda.  You, and a number of others on this blog, could fit right in with George, and come up with even more clever ways to control the population.

  23. Jack,
    It might make you pleased to know that Mayor Reed has listened to the public, and is having Code Enforcement work weekends. No overtime allowed. If I understood the plan correctly, Code Enforcement Officers will alternate working weekends to ensure compliance. Bravo Chuck! As soon as this is implemented, may be you can save your 311 calls, and direct them to Code Enforcement.
    I too have received the same types of comments you did from Code Enforcement. That is why Mayor Reed surveyed citizens, regarding Code Enforcement’s lack of involvement, and put them to work on weekends. Hopefully it will make a difference. I know Mike Hannon personally, and have worked with many of his field staff. They are a great bunch, and are very committed to serving the public. I’ve got my paws crossed that they will get some of the blatant violations in the City under control.
    Back to speeders, cell phone addicts, and lack of enforcement. I think something really needs to be done. My neighborhood association has told horror stories about problems in District 9. What amazes me is this: The president of my association is married to our Council Member, and nothing has changed since she’s been in office. Secondly, I’ve heard that our neighborhood association has tried multiple times to get speeders etc., handled. Without any luck, I might add. So here’s my question, what good are associations if they have no power?

  24. My girlfriend just received a ticket voucher by mail stating that she needs to verify the photo so the police know that she is/was indeed the person that was driving the car that was speeding. Let me get this straight….She sends in the ticket voucher saying ” Oh yes thats me, please send me the ticket now so i can pay you lazy $%#^@‘s for a speeding infraction that big brother recorded for you while you were shaking down a Dunkin Donuts for day olds”?????!!!!! 

    This just seems like the lazy way to go about getting money for the city, don’t you think? What happened to community involvement and caring about the people in an assigned beat or patrolled area? The van can give tickets all day long but without the presence of “real” cops that are patrolling these areas, nothings going to get better, just more disconnected.

    Finally, driving population should have nothing to do with the increase of just plain crap driving. People in this city and every other major city in America look out for only themselves anymore. My girlfriend is from Indonesia(ever had to get anywhere in Jakarta?). The cars are bumper to bumper from 6 a.m. to 7p.m. and the people never seem to sleep, but she complains about the driving here over the driving there!? She claims that she never even got a dent in her car at a parking lot in Indonesia when the cars are shoe-horned into the spaces….Look at the things that happen here. I will bet that you have multiple dings in your doors. Idiots that just don’t care if they hit your car with their door when exiting to go to the mall to buy the new Air Jordans….We just need to revert back to the old “treat others like you would like to be treated”.
    Yah, dream on!

  25. Bridgett, no surprise to hear your report on our Council “representative” for District 9.  There is not a bigger do-nothing on the Council.  She rubber-stamped the new high density development on Samaritan Drive without any regard for neighborhood concerns.  The day can’t come soon enough when she is termed out.  It will signal the absolute END of her political career.

    Zimmy, I had a friend who was asked to report in to Campbell police back when they just began using photo radar 10 or 15 years ago.  The notice arrived and had information about someone with a different name who was about 30 years older than my friend was.  He called Campbell police to advise of this and they told him to come in to match up the person in the photo.  Of course he told them to take a hike and they could do nothing since the driver they had pegged for this was the wrong person.  But I still support photo radar as an instrument for behavior modification if nothing else. 

    Bridgett, I’m surprised that with all of those stop signs on Woodard that are there for no other purpose than to control speeders, you are still having trouble.  That is some very blatant violating action going on over there and it’s a sad commentary that the husband of the D9 rep can’t leverage anything.  Such snubbing could be grounds for divorce if you ask me, but if he doesn’t wear the pants in that family, I wonder who does?  Certainly not the Mrs.  She’s a mute after all.

  26. I think this thread is on the right track but I don’t think it goes far enough.

    We need cameras to catch shoppers that choose plastic bags not paper. 

    We need cameras in our neighborhoods to catch people mowing their yards on spare the air days. 

    Cameras are needed to catch the audacious types (you know who you are – and soon we will too) putting food waste in the recycling receptacles.

    Amazing how quick the civil rights champions among us are to propose invasive technology that hastens the demise of the personal privacy that we have left.

    Exit question.  What if George Bush proposed that cameras be put up to catch speeders?

  27. Of course, don’t mention that speeders are a threat to the health and safety of the rest of us. Civil liberties should be protected but speeders are breaking the law and injuring themselves and others. Whose civil liberties are being violated by the cameras? Bush wouldn’t propose a program like this because it actually captures the guilty. His programs cast a wide net that capture many who are not guilty.

  28. #26- Have you met her husband? You can’t get a word in edgewise with him! I think that’s why our D9 Council Member is so mute! Sheer survival at home!
    Seriously though, speeders on Woodard are really bad. I guess it just amazes me how little gets done about it. Now I know why citizens have become so disconnected from local government. When you do try to get involved as suggested above, city staff makes you regret it. They run you around until one of two things happen: One: you give up and shut up, or Two: you get really mad and show up to a Council Meeting with fellow neighbors, who are as fed up as you are. It’s sickening really. Like you, I’ll be glad when she’s gone. I can’t believe she was re-elected in the first place.
    #27- As to camera’s invading our privacy. Where have you been all this time? Government has been doing this for decades. You just didn’t know it until now~

  29. Bridgett, re: #27.  That blogger is the most hopelessly hard headed poster on SJI and will go to his/her grave with a “W ‘04” sticker glued securely to forehead.

  30. Thanks for that news flash Bridget.  Try reading my post again to grasp the nuance. 

    Mark T.  That sticker has faded and peeled off.  W looked like the real deal for awhile but he’s turned out little better than Bush I.  Schwarzenegger looked like the real deal, but he’s a complete sell out too.

    The only thing we can take solace in is that given the alternatives, it could’ve been much worse.

  31. Today on my way out to check the mail, I saw something I suspected would or has been happening.  A Father walking his child to Farnham School got into a verbal altercation, with a speeder. The guy went speeding down Woodard after exiting South Bascom, and almost hit them. The Father yelled out that the speed limit is posted, and, “Why don’t you slow down before you kill someone!” Of course the speeder stopped, jumped out, and starting shouting back. They got pretty heated until they realized the little boy started to cry. The speeder jumped back into his car, SPED off, and the Father was still yelling at the driver.
    I’m really upset to think that this is going on because my Council Member doesn’t give one dam about what’s going on in front of this school, or that people are getting hurt out here. I can’t understand how a former teacher, and now a member of Council could be so detached from her District, and heartless about the safety of kids. I’ve had it! I’m going to make an appointment with the Principle to see if we can get a petition going.

  32. #27 Novice

    Here’s something you might want to think about, cameras throughout the city already capture you and your car and you say nothing.  They are so well developed that they read license plates and almost instantly compare them with those on a list of stolen or wanted vehicles.  Do you believe that?

    Rather than get your knickers all in a knot over the city trying to save lives, reduce injuries and make neighborhoods safer, why don’t you go look for some cameras that are not well signed or easily identified. 

    And by the way; don’t forget to comb your hair and say “cheeeese”.

  33. Bridgett, I think you need to start harassing the D9 office clerks.  Don’t even think of harrassing Chirco directly, I’m sure she doesn’t take calls from constituents seeing as how nothing gets done in D9.

    I ended up getting my street paved as a result of keeping the pressure on then-D9 rep Jim Beall, another waste of oxygen at City Hall, so being a squeaky wheel does get results.

    Woodard appears to be another street like mine that passes through more than one jurisdiction.  You have the county and city maintaining different parts.  Since those two entities can’t seem to get along or jointly cooperate on anything, this is likely another reason why you have ongoing problems on Woodard.  All the more reason for Chirco to go to bat for you and pressure the county to participate in some kind of traffic calming effort, but that would go against her principle of not lifting one finger to mitigate anything.  I’ve always thought the random stop signs along Woodard were Campbell’s doing, since that is their preferred method of traffic calming, but now I’m not so sure.  It’s been a while since I’ve had reason to use Woodard and can’t remember if that street passes through any portion of Campbell.

  34. Thanks Mark. D9 staff are the ones who are sending me from place to place. Her Chief of Staff acts like he’s the Council Person. It’s pretty sick.
    I sent an e-mail to the SJP Officer who is supposed to be patroling, and I copied D9 staff, and our mute Council Person. I’ ve yet to hear back. 
    Of course I’m not holding my breath either~

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