03 March

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Springfield Red Light Camera Program Restrictions Upheld

Springfield was trying to defy the (relatively) minor rules placed on their use of automated ticketing machines. On Friday, the Second District Court of Appeals ruled that it was entirely constitutional for the legislature require police presence where photo ticketing devices are in use (view ruling). Springfield refused to make any changes at all in the way their private vendors operated. They filed suit to block enforcement, objecting to the new law's requirement that a safety study justify the use of a camera and the prohibition on ticketing vehicles allegedly traveling 5 MPH or less over the speed limit."Upon review, we conclude...

29 December

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Speed Camera Scams Still A Thing In Ohio

Posted by Dayton DUI

in DUI Law, DUI Process

If you think that Senate Bill 342 banned all speed cameras, you must not have driven through Newburgh Heights. Tucked over off I-77, Newburgh Heights has continued issuing tickets with hand-held devices that don't require officers to pull anyone over to issue a citation. To supplement their budget, they are churning out tickets at the tune of 300 per week. Plenty of folks aren't happy about it but Newburgh Heights doesn't care. Another Ohio city, Linndale, has built essentially a house with all the comforts of home — so that it can reap the benefits of traffic cameras while some Linndale...

27 May

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A Small Way To Curtail Policing For Profit

Posted by Dayton DUI

in Ohio Criminal Law

Policing for profit is the practice of using the tools of the judiciary (police, municipal courts, probation) to generate revenue for the municipality. It comes in the form of red-light cameras, speed cameras, license plate readers, speed traps, heavy police traffic enforcement, civil asset forfeitures, high fines and other revenue generating practices. The price of this hidden tax falls most heavily upon the poor who are more likely to find themselves unable to pay and subsequently jailed for minor offenses. It happens here in Ohio and has been addressed by the Ohio Supreme Court.In Ohio, more than 300 "mayor's courts"...

22 December

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Policing For Profit Approved By Ohio Supreme Court

Posted by Dayton DUI

in DUI Law

If you were hoping that the Ohio Supreme Court would curtail a city's ability to implement policing for profit, you would be disappointed. Last week, in Walker v. Toledo, Slip Opinion No. 2014-Ohio-5461, a divided Supreme Court ruled that cities in Ohio have complete freedom to set up tribunals that do away with due process protections for motorists accused by a machine.The majority opinion, written by Justice Kennedy held specifically that, Municipalities have home-rule authority under Ohio Constitution, Article XVIII,to impose civil liability on traffic violators through an administrativeenforcement system—Ohio Constitution, Article IV, Section 1 and R.C.1901.20 do not endow municipal courts...

30 July

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Vehicle Forfeiture: Where Does The Money Go?

Posted by Dayton DUI

in DUI Process

Have you ever wondered where the money goes following a vehicle forfeiture?Does your police agency have some really cool sports cars, tricked out SUVs or ruggedly expensive off-road vehicles? Chances are they got it via Ohio's vehicle forfeiture law. Pursuant to R.C. 4503.234(C)(1), the agency that arrested a defendant has a virtual right of first refusal on any forfeited vehicle. All they have to do is satisfy the lienholder or the innocent non-owners interest if they have protected their interest in the vehicle.If law enforcement does not want the vehicle it will be sent to auction. Prior to the sale...

17 May

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Red Light Cameras – Let Your Voice Be Heard To Ban Them Forever

Posted by Dayton DUI

in DUI Law, DUI Process

The followers of Dayton DUI on Facebook, Twitter and Google+ and loyal followers of this blog have listened to me complain about red-light cameras and speed cameras in Ohio for over three years. I have urged you to contact your local representatives and to let your opposition be known. We are now in the final push and our concerns are being heard!Ohio's 130th General Assembly has introduced House Bill 69, which would eliminate red light cameras and speed cameras throughout Ohio. The proposal reads, in pertinent part, “No local authority or the state highway patrol, utilizing either its own employees, those...

08 April

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How To Fight Your Dayton Photo Speed & Red-Light Ticket

Posted by Dayton DUI

in DUI Law, DUI Process

We have often been asked about the procedure the City of Dayton employs to enforce its photo-enforcement scheme which encompasses both speed tickets and red-light tickets. Here, taken from the Dayton Public Safety Photo Enforcement page is the procedure that the city has adopted. If you need to speak to an attorney, we let you know how to contact us below. View Video of Your Violation and Pay On-Line If you receive a citation in the mail from the “SafeLight” Dayton Public Safety Photo Enforcement Program for running a red light at one of the City's “SafeLight” camera-enforced intersections can view the video...

01 April

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Dayton’s Red Light & Speed Cameras: Where Are They?

Posted by Dayton DUI

in DUI Law, DUI Process

In 2003, the City of Dayton installed its first "SafeLight" public safety photo enforcement cameras to help reduce accidents at key intersections in the City by detecting vehicles running red lights. Today, 20 red light cameras are in use at 10 intersections. Locations with SafeLight (Red Light) Public Safety Cameras:S. Smithville Rd. @ Patterson Rd. W. Third St. @ Edwin C. Moses Blvd. Troy St. @ Stanley Ave. Stanley Ave. @ Valley St. Third St. @ James H. McGee Blvd. Gettysburg Ave. @ Cornell Dr. Main St. @ Hillcrest Ave. US 35 @ Abbey Ave. Salem Ave. @ North Ave. Salem Ave. @ Hillcrest Ave.Locations with Speed Enforcement Public Safety Cameras:S....

19 April

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Where Are the Speed Cameras/Red-Light Cameras in Dayton?

Posted by Dayton DUI

in DUI Law, DUI Process, Ohio Cities, Ohio Counties

This blog has documented the outrage caused by Dayton's adoption of speed and red-light cameras. Today, in an article by former Montgomery County Common Pleas A.J. Wagner, the Dayton City Paper takes on the red-light and speed cameras. As we have put forth here, the red-light and speed cameras are an affront to our presumption of innocence and a bald attempt at letting private companies make money by exploiting citizens. The problems lie in the process. "Once caught, a letter is mailed to the vehicle owner. Violators are given 15 days to appeal, but never see a judge or a courtroom. About...

policing for profit Tag

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