Speed Cameras busted
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A news article from Fox News posted just today.
http://www.foxnews.com/us/2017/02/13/judge-orders-ohio-villa...
Speed cameras became a cash cow for the small village of New Miami, Ohio.
The town, with a population of about 2,200, collected over $3 million in revenue from heavy-footed motorists after it installed stand-alone speed cameras along one of its major throughways, US 127. The speed cameras in New Miami, which is less than one square mile, automatically fined motorists $95 if they drove faster than 50 miles per hour.
It proved to be a lucrative venture for the village just 35 miles north of Cincinnati. Flush with cash, it raised its annual budget from roughly $1.5 million to $2.5 million in 2013.
newmiamiExpand / Contract
New Miami has just over 2,000 residents, but red light cameras brought in huge revenues. (Google Street View)
But now, the Village of New Miami must pay back every cent of the $3 million it collected from the speed cameras, which were ruled “unconstitutional” in 2014 when drivers filed a class-action lawsuit against the village.
An Ohio judge ruled in favor of drivers, who claimed they were unfairly ticketed.
“Any collection or retention of the monies collected under the ordinance was wrongful,” Butler County Ohio Judge Michael Oster wrote in his decision last week.
The village reportedly cited almost 45,000 people and collected $1.8 million during the 15 months the cameras were tracking drivers. The village paid another $1.2 million to Optotraffic, the company that ran the speed camera program.
“We’re gratified and we’re getting closer to being able to show the drivers that we’re going to be able to put some money back into their pockets,” Mike Allen, attorney for the plaintiffs in the class-action suit told, Fox News. “Any municipality that enacts speed camera legislation can expect their budgets to swell.”
The village has reportedly spent over $100,000 in taxpayer dollars on lawyer fees defending itself in the case. A lawyer for New Miami told Fox News that it planned to appeal the decision.
“We could see the direction that this was going and we’re disappointed in the outcome,” James Englert, the village’s outside counsel, told Fox News. “We think the village has it right.”
Josh Engel, who is also representing the drivers, told Fox News that despite Englert and the village’s efforts to appeal, he is “confident” the decision will be upheld.
“Judge Oster upheld a basic constitutional principal that municipalities have to provide due process to people, and if they don’t do that, they have to refund the money,” Engel told Fox News. “The village has spent a huge amount of public money trying to defend this statute and at some point, someone in the community has to say, ‘we need to stop spending money on lawyers and just own up to our responsibilities.’”
The judge asked the attorneys representing the motorists to provide the court with a spreadsheet detailing how much their clients had to pay in tickets.
On March 3rd, Allen and Engel will ask the judge to order the immediate return of the money to the wrongfully ticketed drivers.
“This is a big victory,” Allen told Fox News, “on the way.”
We'll see
We'll see how the appeal goes.
Metricman DriveSmart 76 Williamsburg, VA
very interesting
to be caught speeding as a class, challenge it, and win, when the proof is there. It's the old person robbing a house and getting injured on the way out, and suing for damages.
Instead of speed cameras, looks like the town had two choices. Let people speed, or use officers making $xxk/yr. to manually catch speeders. They are not able to deploy technology that is 100% accurate and intended to lower overall costs of enforcement.
Kinda like suing someone because you got ripped off on an illicit deal.
At the same time, it's the legal system that we have, imperfect, costly, and time consuming.
Missing Info
Tickets apparently issued for going over 50mph, but what was the posted speed limit and what--if any--signage was there to warn drivers about the use of cameras?
If the posted limit was 50mph and there were no signs about the cameras, then it wouldn't be hard to win a suit on the basis that the village was actually more interested in the "speed trap" revenue than the safety aspects.
How efficiently you ticket and collect fines from violators--whether by automation or human--is only a factor as it applies to the revenues and cost of operation. While actual violators are likely feeding the revenue stream, is there a level playing field here? The answer might depend on whether the posted limit was below 50mph.
from the various places I've seen
this discussed, it seems 12 mph over is when tickets begin to be issued.
I totally get it, if you or I messed up, and someone said you don't have to pay, we'll get you out of it, and you don't even have to pay us, sure, why not? And I mean that seriously. None of us is perfect, I got caught 155 in a 55, and more recently, 52 in a 25. In both cases, I disposed of the charges legally. Based on how people here are so against fines as being money grabs, I will tell you in the latter, it was a 5 point violation, with a pretty hefty fine, and thanks to the officer and court system, I got the most lenient fine possible and it was not a moving violation. In the former, I paid a dear price.
The time difference between the two incidents is 23 years. I have never been pulled over since, nor have I ever gotten a speed or rlc violation (these are under our control). My excuse for the 52 in a 25? Father in-law late for his flight at the airport (we still made it).
Since many are against municipalities collecting fines, then you should be very happy that my fine was reduced by about $500 in the latter.
My thought.
From reading the description, it isn't that the village had cameras for offenders and ticketed them, it is the fact that they ticketed them and there was no due process of law. Everyone who gets a ticket from a uniformed officer has a chance to appeal this in court. It sounds like in this situation, they were given tickets and there was no opportunity to appeal.
I might have over read it, but I think that if there were cameras, but they were given a ticket with the opportunity to appeal in court to a jusdge, then the village would have won and the citizens would have had to pay.
Just my 2 cents in reading this over very quickly.
Alan
village acted illegally
The judge found that the village acted illegally, but the article does not give the specifics. What exactly was done wrong?
dobs108
I don't know. I posted the
I don't know. I posted the article, but I can't find any follow-up to it. So I have no idea what the outcome was/is.
Frank DriveSmart66 37.322760, -79.511267
I looked at Google Street View
I took a quick look at Google Street View with images captured in 2013. US123 is a 4-lane highway with a couple of traffic lights. Speed limit is less than clear.
Going northbound, the first half the village is labeled 35 and the second half 40. The High School is just north of the village. At the village line is a school limit 20 sign and then a return to 40 after the school.
Going southbound the limit is 40 outside the village. Before the High School is the school limit 20 sign. In front of (not after) the school is the speed limit 40 sign. At the center of town is a Reduced Speed Ahead sign, although I never saw a lower speed limit sign.
Not sure I saw all the signs. I looked quick and some views were blocked by trucks. Didn’t notice the camera.
Who was driving?
The cameras send tickets to the owner of the car, not necessarily the driver.
A few years ago there was an article in the local paper about a high school in Maryland where students made fake license plates in Photoshop and then taped them over the license plate on a real car and drove through red lights. Of course the license plate numbers were of teachers they did not like. I am sure the teachers eventually got out of the tickets ... but certainly created a mess for them to clean up.
Ahhhh...
The cameras send tickets to the owner of the car, not necessarily the driver.
A few years ago there was an article in the local paper about a high school in Maryland where students made fake license plates in Photoshop and then taped them over the license plate on a real car and drove through red lights. Of course the license plate numbers were of teachers they did not like. I am sure the teachers eventually got out of the tickets ... but certainly created a mess for them to clean up.
Never underestimate the creativeness of a pissed off student
Never argue with a pig. It makes you look foolish and it anoys the hell out of the pig!
Good!
Although I wouldn't be surprised to see the town revise its procedures and resume its speed camera enforcement. After all, the town probably spent the money it received, and then some, assuming that the money would just keep rolling in.
155 and you got a ticket? What was the officer driving?
And I thought I was going too fast when I drove 147 MPH on Interstate 97 over 25 years ago...
Back then, the local constabulary in Maryland had very few vehicles available to haul you in at those speeds and even the radio wasn't very effective since someone driving at those speeds would generally be GONE before they could coordinate resources to cut them off.
I'm very curious how that went down... did the officer pull his gun on you?
But I digress... as far as these cameras are concerned, it really would depend upon the posted speed limit. Same story in MD - 12 over, or it may be anything MORE than 12 over, is where tickets are issued. That seems fairly reasonable in most cases.
Are they money grabs? Sometimes they are and sometimes not. Is the speed limit there too low for the conditions and/or well below the prevailing travel speed?
We've seen cases where municipalities hungry for cash are all too willing to throw integrity out the window for quick cash, and that's what gives these cameras a bad name. The cases where that has happened are the ones everyone remembers. Just like a few racist cops shooting unarmed citizens or those who joined the force for the sense of power, make life more difficult for the good ones who joined the force to try and help people, truly to serve and protect.
There will always be a few bad apples in the barrel, and they will continue to jeopardize the reputation of the rest.
- Phil
this discussed, it seems 12 mph over is when tickets begin to be issued.
I totally get it, if you or I messed up, and someone said you don't have to pay, we'll get you out of it, and you don't even have to pay us, sure, why not? And I mean that seriously. None of us is perfect, I got caught 155 in a 55, and more recently, 52 in a 25. In both cases, I disposed of the charges legally. Based on how people here are so against fines as being money grabs, I will tell you in the latter, it was a 5 point violation, with a pretty hefty fine, and thanks to the officer and court system, I got the most lenient fine possible and it was not a moving violation. In the former, I paid a dear price.
The time difference between the two incidents is 23 years. I have never been pulled over since, nor have I ever gotten a speed or rlc violation (these are under our control). My excuse for the 52 in a 25? Father in-law late for his flight at the airport (we still made it).
Since many are against municipalities collecting fines, then you should be very happy that my fine was reduced by about $500 in the latter.
no
I'm very curious how that went down... did the officer pull his gun on you?
I was an invincible dumb a** college student, with my buddy in the pass seat, driving a Porsche on the NYS Thruway. No, their cars back then were certainly incapable of catching up, but they had two more tools at their disposal. Motorola, and air support.
There was no here's your ticket you'll have to appear etc. It was basically let's take you to the justice to process your revocation and determine your bail.
That's why at times, I think there is this law enforcement is a violation of everyone's rights side, that has no idea what they're even saying, they simply know they're against something. They likely have never even gotten a ticket, yet somehow know that all tickets are money grabs and wrong.
Thats a great idea
The cameras send tickets to the owner of the car, not necessarily the driver.
A few years ago there was an article in the local paper about a high school in Maryland where students made fake license plates in Photoshop and then taped them over the license plate on a real car and drove through red lights. Of course the license plate numbers were of teachers they did not like. I am sure the teachers eventually got out of the tickets ... but certainly created a mess for them to clean up.
Never underestimate the creativeness of a pissed off student
make phony copies of the Mayors and Council Members Plates of the cities who voted these Cams in, lol. Street Justice!!!