In a case that could have implications for how traffic laws are enforced, Amy Divine, a resident of Madison, Mississippi, received a mail-delivered ticket on July 1, 2022, that has sparked a legal battle. The ticket, which appeared to be from the Ocean Springs Police Department, claimed that Divine’s vehicle had been driven without insurance on March 22, 2022, and demanded a $300 payment to avoid driver’s license suspension.
Divine’s attorneys, Brian K. Herrington and Rogen K. Chhabra of Chhabra Gibbs & Herrington PLLC, are contesting the legitimacy of the ticket. They argue that the ticket originated not from the city, but from Securix, a private business, which they claim is “pretending to be law enforcement” and using cameras to enforce traffic laws. A lawsuit filed in the U.S. Southern District of Mississippi on September 1, 2022, further alleges that Mississippi law prohibits the use of cameras in traffic law enforcement.
Securix was acquired by American Digital Security, LLC, in December 2021. Securix continues to operate under its original name, according to the lawsuit, with both companies named as defendants. American Digital Security, LLC, did not respond to a request for comment.
Technology’s Role
The use of this technology began in 2019, and when contacted on September 12, 2022, a Securix receptionist referred a reporter to Jonathan Miller, identified as the manager and owner. In an interview, Miller stated that he was “just one of the officers of the company” and that the lawsuit had “no basis whatsoever.”
Miller is listed as the registered agent and partner in Securix LLP, which registered in Mississippi in September 2021. The company was formed in Delaware in 2018 with its principal office in Atlanta, Georgia. Securix LLC, based in Missouri, is also a defendant in the suit. A 2019 press release described Miller as the CEO and Securix as the “owner of the twenty-seven state-based Public Safety Companies in the U.S.”
Securix promotes a system called InsureNet, claiming it offers a comprehensive solution to the problem of uninsured vehicles by using license plate readers (LPRs). The company claims added benefits include increased officer safety and efficiency, is violator-funded with no cost to agencies, and non-invasive to drivers.
“Everything they’ve said in the lawsuit is nonsense; there is no basis in law for the lawsuit at all,” Miller said.
Legal Challenges and Class Action
Herrington and Chhabra have sought to certify the case as a class action, arguing that Securix tickets registered vehicle owners without regard to who was driving or whether the driver was insured. Securix claims on its website to offer a complete solution to the problem of uninsured vehicles, while also enhancing officer safety and efficiency.
The City is trying to sub out its uninsured motorists’ enforcement. – Brian K. Herrington
Herrington explained that the Securix system uses automated license plate readers to capture images of license plates, which are then cross-referenced against databases to determine insurance status. If a vehicle appears uninsured, Securix sends a ticket to the registered owner.
The lawsuit alleges that the practice violates Mississippi law, which prohibits the use of automated recording equipment to enforce traffic laws. The law states, “Neither the board of supervisors of any county nor the governing authority of any municipality shall adopt, enact or enforce any ordinance authorizing the use of automated recording equipment or system to enforce compliance with traffic signals, traffic speeds or other traffic laws, rules or regulations on any public street, road or highway within this state or to impose or collect any civil or criminal fine, fee or penalty for any such violation.”
The lawsuit claims that the ticket gave Divine three options: provide proof of insurance, pay $300 to enter a diversion program, or appear in court. However, the lawsuit contends that there is no statute permitting a person to be cited for simply owning a vehicle that does not have liability insurance. Divine’s attorneys also point out that the ticket stated a court date, but no case was ever docketed.
Program Expansion and Concerns
City Attorney Robert Wilkinson, in presentations to officials in Senatobia and Columbus, Mississippi, has advocated for the adoption of automated license plate readers to ticket drivers without insurance. In Senatobia, the Board of Aldermen voted to allow the mayor to sign a contract with Securix. Reports indicate that Securix works with law enforcement agencies to gather data on vehicle insurance status. The company then issues tickets based on that data. The program in Senatobia was initiated in August 2022.
Critics of the system highlight concerns about the legality of the process, possible misidentification of insured vehicles, and a lack of transparency, especially since private companies seem involved.
“Securix pays the police officers for quote, confirming, unquote, the ticket information,” Herrington told the Mississippi Free Press. “So their pitch to cities is: ‘We can take the burden of enforcing uninsured motor vehicle statutes away from you. We’ll ease that burden. We’ll do it all. We’ll detect the violations. We will issue the citations; we will collect the money, and we’ll give you a part of it. So not only do we ease your burden, but we make you money.’ That’s their pitch.”
The lawsuit also raises constitutional concerns concerning the 14th Amendment’s Equal Protection Clause by alleging that the company’s actions treat people differently depending on their vehicle’s location or the presence of the cameras.
The case raises important questions about the future of traffic law enforcement, the role of private companies, and the balance between public safety and individual rights. The outcome will likely have a significant impact on how other cities and states approach these technologies.
![Ocean Springs Chief of Police Mark Dunston] (https://i0.wp.com/www.mississippifreepress.org/wp-content/uploads/2022/09/Chief-Mark-Dunston_courtesy-City-of-Ocean-Springs.jpg?resize=1200%2C800&ssl=1) Ocean Springs Chief of Police Mark Dunston
