Procedural due process refers to the aspects of the due process clause (The Fifth and Fourteenth Amendments) that relate to the procedure of arresting and trying persons who have been accused of crimes. It also applies to any other government action that deprives an individual of life, liberty, or property. It has been broadly interpreted by the US Supreme Court to keep the government from abusing people without a reasonable process.
CSA by its own mission statement is designed to “remove unsafe drivers from the nations highways”. A worthy goal indeed, but perhaps more worthy if we keep Constitutional protections in mind. Knowing your accuser is fundamental to Due Process, this permeates our legal system all the way down to traffic enforcement. I know a guy (he shall remain un-named and I wasn’t going that fast anyway) who had a traffic ticket thrown out because the Officer didn’t show up in Court.
CSA not only does not give a driver their day in court, but I have looked at the latest Data that Vigillo has on nearly 1M drivers, and in only 3% of all violations is there any identifier of who the officer or enforcement official is who wrote the violation.
So no court exists that will hear a drivers case on a CSA violation, a tiny fraction of violations identify the law enforcement person who wrote it, yet this is the system that will be used to take away livelihoods?
What do you all think?