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Are Traffic Cameras Legal In Ohio

A motorist ticketed for speeding in Brice is asking the Ohio Supreme Court to halt the the Franklin County village's use of traffic-enforcement cameras similar to the one pictured here in Arizona, arguing the hearing process used is the same as the one in Toledo that was found unlawful.

A motorist ticketed for speeding in Brice is asking the Ohio Supreme Court to halt the Franklin County village's utilise of traffic-enforcement cameras, arguing that the court recently found the same procedure in Toledo was unlawful.

The lawyer who won the legal challenge of Toledo's traffic-camera system filed the latest lawsuit terminal Mon on behalf of Ryan Hatfield, a Baltimore, Ohio, resident who was caught on camera allegedly driving 41 mph in a 25-mph zone on Brice Road on Sept. 3.

"This case is exactly the same," said Andrew Mayle, whose law practice is based in suburban Toledo. "I never thought I'd have to exercise this twice."

The Ohio Supreme Court ruled on June 24 that Toledo was violating state law by using an administrative procedure to hear appeals of traffic tickets issued through red-calorie-free and speed-detection cameras.

The land'south highest court establish that an Ohio constabulary that took outcome in July 2019 gave municipal courts the exclusive jurisdiction over noncriminal traffic citations, including traffic-camera citations.

According to Hatfield's lawsuit, Brice uses not-judicial administrative hearings for its traffic-camera citations, similar the ones at issue in the Toledo case.

The lawsuit alleges Brice is "completely flouting (the Supreme Court'southward) decision and the statutory law of Ohio."

Brice Police force Master Bud Bauchmoyer told The Dispatch on Th that he had simply received a re-create of the complaint and couldn't comment.

"I have to pass it up through the legal people and let them look at it," he said.

Bauchmoyer said the village council appoints a hearing officer to hear the traffic-photographic camera cases.

Hatfield was scheduled to have an administrative hearing on Wednesday, two days after the Supreme Courtroom example was filed.

Mayle, who wasn't present at the hearing, said the hearing officer dismissed his client's speeding ticket.

"I assume that Brice will say that the (Supreme Courtroom) case is now moot considering they dismissed the ticket," he said.

But Mayle pointed out that the complaint asks the court to prohibit Brice from property such hearings "for all alleged violations of local traffic violations -- in (Hatfield's) case and others."

That's all the complaint is seeking, Mayle said. "We just want them to stop."

jfutty@dispatch.com

@johnfutty

Source: https://www.dispatch.com/story/news/courts/2020/10/30/ohio-supreme-court-asked-halt-brices-use-traffic-cameras/6074692002/

Posted by: petersacal1959.blogspot.com

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