CHESAPEAKE, Va. — A new federal lawsuit claims the speed cameras in Chesapeake may be violating your constitutional rights.
Tim Anderson, the attorney who filed the suit, argues that having the ability to face your accuser in court is a fundamental right that is not being allowed.
"The radar calibration certificates that come in to tell the courts whether the radar units are working correctly, are certified by a third-party company out of state, the same people that operate the cameras," Anderson said.
Anderson argues that because Virginia law sees traffic stops as equal to criminal offenses, not being able to face your accuser is a breach of the 6th Amendment of the Constitution.
"Because Virginia has opted into allowing traffic tickets to be treated the same way as criminal cases, then the 6th Amendment does apply," Anderson said.
Under current Virginia law, it is legal for cities to set up speed cameras so long as they are installed in school zones and highway work zones. Currently, Chesapeake uses an out-of-state calibrator for these cameras.
"To let the company that profits from the tickets say, 'Our equipment works fine.' And then the citizens have no right to ask any questions. There's no way that we think that's legal under the 6th Amendment." Anderson said.
Anderson is a known opponent of speeding cameras and has filed similar suits in other lower courts that focus on how those cities apply Virginia law when it comes to enforcing traffic tickets. Anderson said the goal is not to get rid of speeding tickets, it's to make sure state law is in line with federal law.
"We're trying to make sure that the government is staying in the lane that it's supposed to stay in and following the constitutional protections along the way," Anderson said.