Three decisions handed down August 18, 2015, by the Missouri Supreme Court clarified the status of red light camera ordinances in the state. While the Court did not rule on the legality of the red light cameras themselves, it found fault with the municipal ordinances that were an issue. It may be that cities can craft an ordinance using these cases as guidance that will withstand future scrutiny in the Court.

In the first case, the Court ruled that the City of St. Louis red light camera ordinance is unconstitutional because it forced a vehicle owner to prove that he or she wasn’t operating a vehicle when it ran a red light. The Court found this to be an improper shifting of the burden of persuasion onto the defendant in a criminal prosecution. The Court noted that “The term “rebuttable presumption” is understood at common law to be a mandatory presumption, rather than permissive inference, that requires the other party to produce sufficient evidence to rebut.” The City’s rebuttable presumuption was improper because it “violates the accused’s due
process right to have the prosecution prove beyond a reasonable doubt every fact necessary to constitute the crime charged.”

In the second case, the Court ruled that part of the St. Peters red light camera ordinance is unconstitutional because it didn’t assess two (2) points for a speeding violation, contrary to Section 302.302.1 RSMo. The Court determined that the assessment of points is mandatory to protect the public at large. The Court further noted that a discretionary point system, such as allowing a non-point violation for running a red light did not protect the public at large.

In the third case, the Court held that the City of Moline Acres speeding camera ordinance was unconstitutional because it presumed a vehicle owner granted permission for a driver to violate speeding laws. The Court held that the city must prove the owner gave permission to the driver to speed, rather than create a presumption that the vehicle owner did so. This is true because the presumption of innocence prohibits the City from relying upon a rebuttable presumption to establish an element of a crime since this shifts the burden of proof to the defendant.

If you’ve been given a speeding ticket, contact us to see if we can help you avoid points on your driving record.