•  
  •  
 

Abstract

Municipalities are finding new ways to penalize drivers for violating traffic laws.  Throughout the United States, municipalities have increasingly used red light cameras and speeding cameras to issue citations.  Municipalities’ use of red light and speeding cameras has sparked litigation, resulting in countless plaintiffs filing suits to challenge the constitutionality of the ordinances.  The Missouri Court of Appeals previously addressed the constitutionality of red light cameras, but neither the Missouri Court of Appeals nor the Missouri Supreme Court has issued an opinion on a municipality’s use of speeding cameras.

This Note discusses the 2015 Missouri Supreme Court case, City of Moline Acres v. Brennan, and its ruling on the constitutionality of speeding cameras.  This Note argues the court correctly held the speeding camera ordinance unconstitutional.  It further argues the court wrongly analyzed the presumption that a speeding camera ordinance is allowed to create and wrongly held the ordinance did not conflict with state law.  Finally, this Note addresses how this decision modified existing Missouri law on the use of automated traffic enforcement systems.

Share

COinS