I agree with your point though.
Even if it is a lottery, if you lose your penalty is determined by the sliding scale of how reckless you were. That is a major factor in how fast drivers feel is reasonable.
With facial recognition, the farther along we go the frequency of its use will increase. However having the equivalent of a sliding scale of punishment could be useful.
Did the police department use facial recognition to try and identify who broke into a store? O.K.
Did the police department use facial recognition to preemptively surveil a high crime rate area and identify and keep track of everyone that goes to that area? Warning.
Did the police department use facial recognition to identify minorities and keep track of their activity across the city? The police department is banned from using facial recognition in the future and if caught again will face punishment on a case by case basis.