Israeli Attorney Warns: Police Are Watching Municipal Cameras — and Mailing Tickets to Drivers
Israeli motorists could increasingly find traffic tickets arriving in the mail without ever having been stopped by a police officer, as new enforcement methods allow officers to watch municipal surveillance cameras and issue citations based on what they see, according to Israeli traffic attorney Nir Shalom.
Shalom, a specialist in traffic law, discussed the changes during an interview with Kikar HaShabbat, warning that a broad overhaul of traffic enforcement is significantly changing how violations are detected and adjudicated in Israel.
According to Shalom, increased camera enforcement means that violations involving far more than speeding can now be detected remotely, including drivers using cellphones or failing to wear seat belts.
“The work of the police officers has become much easier,” Shalom said. “Police officers sit in the traffic division, connect live to the municipality’s security cameras, see a violation, and generate a ticket. Drivers have already come to me with tickets that state explicitly: ‘I watched the municipal camera, observed a violation committed in such-and-such vehicle — boom, ticket.’ Every innocent municipal camera intended for city security can potentially become a full-fledged police traffic camera.”
Shalom said the implications extend to a wide range of everyday driving violations. A driver may not know that an alleged infraction was observed until the citation arrives.
At the same time, he said, major changes are taking place in the process through which motorists contest certain traffic tickets.
According to Shalom, offenses that previously allowed motorists to request proceedings in traffic court are increasingly being moved into an administrative framework.
In the past, a motorist who believed that a ticket was unjustified could request a trial, appear before a judge and prosecutor, explain unusual circumstances, or challenge errors or technical deficiencies in the citation.
Under the new administrative system described by Shalom, much of that interaction has been replaced by written proceedings.
“They abandoned the criminal process and moved to an administrative process. Administrative adjudicators were appointed, administrative prosecutors were appointed, and there is no longer a judge,” Shalom said. “Today, everything is conducted in writing. You send a letter, the adjudicator sits and reads it like someone reads an email. There is no emotion, no looking someone in the eye, and no possibility of conducting a real hearing.”
Shalom also pointed to what he described as an important change in the evidentiary standard applied to such cases.
“In a criminal proceeding, it was enough for the defense attorney to raise a slight doubt — an error in the vehicle number, a mistake in the ID number, an inaccuracy in the location — and there was already room for an acquittal or an agreement. In an administrative proceeding, we move to a ‘balance of probabilities.’ The driver has to prove a greater than 50% probability that the ticket is wrong. The doors have simply been locked in the face of the ordinary citizen.”
Shalom also warned motorists about changes involving Israel’s speed-camera network.
According to him, whereas speed cameras were previously calibrated so that enforcement generally began only after a more significant departure from the posted speed limit, the threshold has been lowered considerably, potentially resulting in tickets for motorists traveling only several kilometers per hour above the legal limit.
He said this has resulted in longtime motorists with otherwise clean driving records receiving citations for relatively small speeding violations.
Another development expected to affect drivers is the introduction of average-speed enforcement cameras along stretches of roadway, similar to systems already used in parts of Europe.
Instead of measuring a vehicle’s speed at a single location, the system records the vehicle at one point and again farther down the road, then calculates its average speed over the entire distance. Such a system would eliminate the familiar practice of slowing down immediately before passing a speed camera and then accelerating afterward.
Shalom said the increased enforcement could have particularly serious consequences for professional drivers and others whose livelihoods depend on retaining their licenses.
He cited delivery drivers as an example.
“Take delivery drivers, for example. A driver unloads merchandise at one stand, gets into the vehicle and drives 100 meters to the next stand. During that short distance, he forgot to put on his seat belt. He gets a ticket once, gets another one a few months later — and suddenly he is accumulating points. In the past, you would come to court, explain that this involves his work and a continuous process of unloading and loading, and they would take it into consideration. Today, accumulating 36 points within four years results in an automatic three-month license suspension by an official, without discretion.”
Shalom concluded with a warning about what motorists say when they are personally stopped by a police officer.
He said drivers frequently believe that apologizing or explaining why they committed an alleged violation will persuade an officer to show leniency. Instead, he warned, their words can become evidence against them.
“An encounter with a police officer in the field is a criminal investigation in every respect. The biggest mistake drivers make is trying to appease the officer and saying: ‘I’m sorry, I didn’t notice, I was on my way to the doctor/I was under pressure.’ Drivers think the officer will have mercy on them, but in practice, the officer simply writes it down under ‘driver’s statement.’ Once the ticket reaches the administrative adjudicator, the adjudicator sees that you wrote ‘I’m sorry’ — and views it as a complete admission of guilt. From there, there is no way to cancel the ticket. It is better to remain composed, not rush to admit to an offense, and calmly examine the legal options.”
{Matzav.com}
