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Ohio Court Says Speed Trap Town Must Pay Back $3 Million In Unconstitutional Speed Camera Tickets
Tech Dirt ^

Posted on 02/03/2018 7:05:38 AM PST by JP1201

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To: bert

If the persons ticketed did not receive notice of how to challenge the tickets or an option of serving time I suppose that would be a lack of due process.


41 posted on 02/03/2018 8:28:59 AM PST by lastchance (Credo.)
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To: tang-soo

I remember an OH town that did something similar along a very short stretch of state road in its borders. The legislature recognized the abuse, and increased the minimum length of state road for a muni to have “authority” on the speed limit.


42 posted on 02/03/2018 8:32:26 AM PST by Calvin Locke
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To: JP1201

It would not surprise me to find that New Miami is heavily populated with Blacks. Not a racial thing but a lack of substantial valuable housing stock and commercial development is common in such towns. This means revenue through property taxes for the general fund can be very difficult to come by. So they turn to traffic fines as their main source of revenue.


43 posted on 02/03/2018 8:33:00 AM PST by lastchance (Credo.)
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To: sheana

I wouldn’t be surprised that this is a familiar formula for most speed trap towns.


44 posted on 02/03/2018 8:37:01 AM PST by Varda (Liberalism IS hate)
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To: lastchance; JP1201

Nope. I just read it is mostly White population. My bad. But the rest regarding lack of taxable property for general fund revenue still holds true.


45 posted on 02/03/2018 8:37:47 AM PST by lastchance (Credo.)
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To: bert
What did thew(sic) own(?) do that was unconstitutional?"
They fined the people without having a day in court to face their accuser and be tried in a court of law. Speed cameras are illegal in many states because the ones that operate the systems live far away from the cameras and act as the punishing entity for the law. The ones in Tennessee are operated by a company in Arizona. Mississippi outlawed them because they are unconstitutional.
46 posted on 02/03/2018 8:37:47 AM PST by vetvetdoug
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To: George from New England; JP1201

>The winners here — lawyers

YEP. When do We get L’Care (fascism for the lawyer class)?

- Clients get ALL funds and lawyers can’t go after clients (like an ER/hospital)
- Lawyers can only bill X% or some break-down sheet
- etc.

Back to topic, sounds like Starke, FL...


47 posted on 02/03/2018 8:39:00 AM PST by i_robot73 ("A man chooses. A slave obeys." - Andrew Ryan)
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To: JP1201

Of the $3 million the town most likely only collected half of that with the remainder going to the camera company.

So the taxpayers will be the ones on the hook for and unsourced $1.5 mil.


48 posted on 02/03/2018 8:39:24 AM PST by Rebelbase ( Hillary, DNC, DOJ and FBI colluded with a British National to influence the 2016 Pres. election)
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To: Ruy Dias de Bivar
Ticketing people on the interstate was what that town originally did until the state stepped in to stop them. The 4 lane right off the exit ramp was all theirs though.

I got a ticket off US rt19 in West Virginia. Same deal, dramatic drop in posted speed limit with most of the traffic being out of state. It's a 4 lane highway.

49 posted on 02/03/2018 8:42:57 AM PST by Varda (Liberalism IS hate)
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To: George from New England

I know these guys really well. Mike Allen was our prosecutor until he got caught masturbating on the carpet in his office to impress a female lawyer in his office. He asked her to expose her breasts and then did it right on the Great Seal of Ohio which was part of the carpet in his office.

But, he is actually a great guy and he is gonna get millions since they are doing this same case in Dayton also.


50 posted on 02/03/2018 8:47:47 AM PST by anton
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To: Calvin Locke

Is this the one?

“In the past it was reported that about 93% of legal cases that came from Arlington Heights, were for traffic fines. Despite being the smallest town in Hamilton County, it had issued the most speeding tickets. Strangely enough though, much of that money never found its way to the village coffers. Three months ago, a state auditor discovered that two clerks for the town had pilfered $260,000 from traffic fines, over the course of several years. The staffers have since been convicted and ordered to pay restitution.”

“That case provided the town with the impetus to finally disband the police department. The town now relies on the Sheriff’s department for patrols. The former mayor of Arlington Heights claims the decision was purely financial, since the town could no longer afford the police department. Hamilton County Prosecutor Joe Deters, who has long accused the town of being a speed trap, applauded the move.”

“Basically, they were setting up speed traps on I-75 to fund the municipal workings of that village – which they then stole. I can’t quite put my finger on it, but there’s something off about a village that’s maybe a mile long setting up speed traps to raise money that then is used to fund a bunch of public employees. It just rubs me the wrong way.”


51 posted on 02/03/2018 8:47:58 AM PST by Polyxene (Out of the depths I have cried to Thee, O Lord; Lord, hear my voice.)
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To: Polyxene
I think the state road was an interstate, back in the 1970s, iirc.

I didn't know the fine money was for "personal" use...

52 posted on 02/03/2018 8:52:27 AM PST by Calvin Locke
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To: JoeFromSidney

“Ohio is notorious for small-town speed traps. Fortunately the Interstates bypassed most of them and put them out of business.”

Do they still have those timestamped toll tickets on the Ohio Turnpike? I remember a time when you had to stop for breakfast if you were running ahead of schedule so you wouldn’t hit the exit too quickly and get a ticket for speeding.


53 posted on 02/03/2018 8:55:44 AM PST by ScottfromNJ
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To: bert
They did not provide a way to challenge the tickets.

The city can say you violated the traffic laws but it has to allow you to say "No, I didn't!" and then it has to prove it's case in court.

This is a very basic Constitutional freedom.

Heck it predates the Constitution it's self. It is in the Magna Carta.

54 posted on 02/03/2018 9:02:03 AM PST by Harmless Teddy Bear (Not a Romantic, not a hero worshiper and stop trying to tug my heartstrings. It tickles! (pink bow))
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To: Stevenc131

There was a change was in the late fifties when a Canadian Government official was caught by the infamous Ludowici(GA) light on US 301! Seems that his stop caused a international dustup, as he was hospitalized. I was ticketed twice and stopped 3 times at that light(1958-60).

For a true picture of the most famous traffic light (ever)[n the USA go to,

https://forums.somethingawful.com/showthread.php?threadid=3382510&userid=175766&perpage=40&pagenumber=2


55 posted on 02/03/2018 9:20:01 AM PST by GOYAKLA (" Winning not Whining"!)
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To: Freedom4US; palmer

Thanks. I guess I basically assume that an insurance company will take advantage of any information they can get to raise your premium. Imagine if they get their hands on the ancestry DNA database.


56 posted on 02/03/2018 9:24:03 AM PST by King Moonracer (Bad lighting and cheap fabric, that's how you sell clothing.....Dirty Bob Mueller)
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To: i_robot73

>The winners here — lawyers

Olde Billy was right!


57 posted on 02/03/2018 9:24:25 AM PST by GOYAKLA (" Winning not Whining"!)
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To: JP1201

Wouldn’t it be funny if that traffic company’s headquarters burned to the ground?


58 posted on 02/03/2018 9:31:00 AM PST by steel_resolve (And an angel still rides in the whirlwind and directs this storm)
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To: JP1201

Why does this keep happening in Ohio, decade after decade?


59 posted on 02/03/2018 11:28:28 AM PST by WatchungEagle
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To: Vigilanteman
Does any freeper have a good strategy or website on how to fight this type of local chicanery.

I'd recommend the Carl Drega approach.

I'm not kidding.

60 posted on 02/03/2018 2:40:44 PM PST by zeugma (Power without accountability is fertilizer for tyranny.)
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