"...the Power to Adjudicate Civil Violations of Moving Traffic Laws Lies Solely in Municipal Court"

the power to adjudicate civil violations of moving traffic laws lies solely in

In what looks like a reasonably solid victory against the automated-traffic-ticket-profit industry, the 8th Circuit Court has deemed Cleveland, Ohio’s red-light and speed-enforcement camera system unconstitutional.

Multiple sources, including FOX8, are reporting the decision. A Columbus motorist challenged the system in 2007, noting that the system did not permit him to contest the ticket in Cleveland’s Municipal Court. Instead, he was forced to consult a “hearing officer” who appeared to be part of the for-profit system.

The court agreed, stating that

[T]he power to adjudicate civil violations of moving traffic laws lies solely in municipal court.

This doesn’t mean that the cameras are coming down — rather, a new system will have to be devised that allows victims of the automatic taxation machines to have their day in court. Most of them won’t take it. But this is still America, and things like this still matter. Now if only some court somewhere would make a ruling about the traffic camera companies’ favorite trick: cutting yellow lights to three, or even two, seconds down from the traditional five.

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  • Lie2me Lie2me on Jan 25, 2014

    These cameras have people so scared that it creates a more dangerous situation then it supposedly alleviates. It disrupts the flow of traffic by having people slam on their brakes at the first hint of yellow as opposed to the few who would drift through the intersection on the yellow. Since most modern traffic delay the green on the opposing side of traffic a couple of seconds there is little chance of a driver being T-boned. The pretense that these cameras are there for safety concerns is a sham

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    • Rudiger Rudiger on Jan 27, 2014

      This is exactly what happens. When one of the unmarked, mobile speed enforcement vehicles is spotted, everyone slams on the brakes even more so then when they see a cop. With a cop, there's at least a chance of reasonableness as to writing a ticket. There's zero tolerance with a machine, so everyone drops down to 10 mph under the posted speed limit, creating a nice traffic jam (not to mention the potential for rear-end collisions).

  • JK43123 JK43123 on Jan 25, 2014

    There is no right to speed. There is, however, a Constitutional right to fair and equal treatment under the law. So let's see, if my wife is driving and gets a camera ticket, it goes to me (cars are in my name) and she gets nothing on her license at all. But if she is driving and gets stopped by a cop, she gets the ticket and points on her license. How is that possible? It is unconstitutional and I am thrilled to see Ohio moving closer to eliminating these revenue generators. John

  • Cartunez Cartunez on Jan 26, 2014

    Red light camera are all about the state stealing more from its citizens. Has nothing to do with safety at all.

  • Old fart Old fart on Jan 27, 2014

    Cleveland is supposed to post signs on the street when they are doing the automated moveable cameras but they only do it in some neighborhoods. Also the people that actually still live in Cleveland are for the most part poor , so the city should cut residents a break on the amount of the fine.