Cleveland traffic camera system unconstitutional, appellate court rules

 

Any thoughts from a lawyer ? Will it stick? Will the city owe refunds to those that paid a ticket by the unconstitutional flawed law, if the Ohio Supreme Court also finds them unconstitutional.

http://www.cleveland.com/metro/index.ssf/2014/01/cleveland_t...

Cleveland suspends traffic camera appeal hearings because of court ruling.

http://www.cleveland.com/metro/index.ssf/2014/01/cleveland_s...

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Using Android Based GPS.The above post and my sig reflects my own opinions, expressed for the purpose of informing or inspiring, not commanding. Naturally, you are free to reject or embrace whatever you read.

A good first step

Well, this is a good first step. I certainly hope they have to pay back every ticket, with interest.

It's All About the Process

As with many other rulings regarding traffic cameras, this decision is not that the use of cameras is unconstitutional, but that the process for dealing the ticket was improper.

It sounds like the municipality set up the system so that you could not dispute the ticket, and could only appeal the ticket AFTER pleading guilty. Then, the actual fine was not worth going through all the cost and trouble of taking it to appeals court.

But once again, it is not the use of traffic cameras that was wrong. Under this process, even tickets issued by a police officer who observed the violation would be unconstitutional.

As the judicial panel was unanimous in their decision, it is unlikely that the municipality would be successful on appeal.

Good news

I'm really glad the process got slapped down. Whatever you think of traffic camera tickets, this kind of judicial stacked deck to make it too hard to appeal an error is extraordinarily unfair and unamerican.

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JMoo On

The cameras need to go

DanielT wrote:

As with many other rulings regarding traffic cameras, this decision is not that the use of cameras is unconstitutional, but that the process for dealing the ticket was improper.

It sounds like the municipality set up the system so that you could not dispute the ticket, and could only appeal the ticket AFTER pleading guilty. Then, the actual fine was not worth going through all the cost and trouble of taking it to appeals court.

But once again, it is not the use of traffic cameras that was wrong. Under this process, even tickets issued by a police officer who observed the violation would be unconstitutional.

As the judicial panel was unanimous in their decision, it is unlikely that the municipality would be successful on appeal.

I don't think the cameras will stand up to real rules regarding evidence in a court room under current standards and lets hope they don't change those. It's time to ban them.