Posted: 1/1/2007 9:28:42 PM EDT
This is the one that would essentially neuter the red light cameras, and do away with most speed cameras. Anyone know what has happened to this? I know it was sent to Shaft to either sign it or veto it on Dec. 13th....he had 10 days to do either. Any word of what he did? Knight of the Olde Code, you're on top of this kind of stuff, what do you know?
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The Bill passed the House and Senate, it went to Taft on the 13th of December. He either had to sign it, veto it, or do nothing, (which essentially equals passage into law). Basically the only way to stop this would be a veto from Shaft. I just haven't heard of any action by him.  The reason I'm asking is beause I am appealing a speed camera ticket on the grounds that it's against the Ohio Revised Code, and therefore, unconstitional. The home rule arguement holds no water here because the Home rule clause says that Cities can make a law as long as it does not contradict any state laws. The speed cameras and red light cameras violate the Ohio Revised code because State law stipulates that points MUST BE ASSESSED for any moving violation. The City of Cleveland DOES NOT assign points, therefore, it's just a money making operation, and against the STATE law of Ohio. I have other arguements that support my case, but this is the most obvious one. O.R.C.[§ 4510.03.6] § 4510.036. Bureau records; points assessed for offense. (A) The bureau of motor vehicles shall record within ten days, after receipt, and shall keep at its main office, all abstracts received under this section or section 4510.03, 4510.031, 4510.032, or 4510.034 of the Revised Code and shall maintain records of convictions and bond forfeitures for any violation of a state law or a municipal ordinance regulating the operation of vehicles, streetcars, and trackless trolleys on highways and streets, except a violation related to parking a motor vehicle. (B) Every court of record or mayor's court before which a person is charged with a violation for which points are chargeable by this section shall assess and transcribe to the abstract of conviction that is furnished by the bureau to the court the number of points chargeable by this section in the correct space assigned on the reporting form. A United States district court that has jurisdiction within this state and before which a person is charged with a violation for which points are chargeable by this section may assess and transcribe to the abstract of conviction report that is furnished by the bureau the number of points chargeable by this section in the correct space assigned on the reporting form. If the federal court so assesses and transcribes the points chargeable for the offense and furnishes the report to the bureau, the bureau shall record the points in the same manner as those assessed and transcribed by a court of record or mayor's court. (C) A court shall assess the following points for an offense based on the following formula: ( I deleted 1-10 because they do not pertain to speed.) (11) A violation of any law or ordinance pertaining to speed: (a) Notwithstanding divisions (C)(11)(b) and (c) of this section, when the speed exceeds the lawful speed limit by thirty miles per hour or more .......... 4 points (b) When the speed exceeds the lawful speed limit of fifty-five miles per hour or more by more than ten miles per hour .......... 2 points (c) When the speed exceeds the lawful speed limit of less than fifty-five miles per hour by more than five miles per hour .......... 2 points (d) When the speed does not exceed the amounts set forth in divisions (C)(11)(a), (b), or (c) of this section .......... 0 points I am being charged with speeding in a school zone (28 in a 20). But the camera ticket snapped the picture BEFORE the restricted time began, it was a mobile car mounted camera and it was hidden from plain view. All of which is in violation of State laws. I think I have a good case. The speed limit on the street is normally 35mph, so I feel that I was well under that limit. School Zone restrictions are only at the beginning of the day, during recess, and at the end of the day. The school I was going past doesn't even let out until 3:15pm....so the restricted times should be 2:45-3:45pm, for the afternoon times. And, no, I do not want points on my license, the lack of this is exactly what makes these cameras against State law. |
This particular one was on W.130th, just south of Lorain Rd., in Cleveland. Over the summer, I got a red light camera ticket at Shaker Square, (on the East side), that one costed me $100 bucks. They want $200 for this speeding one though, so I gotta fight for my rights, you know?
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Guess you should pay that fine...... http://www.dispatch.com/news-story.php?story=237957 In perhaps his final acts as governor, Bob Taft vetoed a bill this morning that would restrict the ability of Columbus and other cities to use red-light cameras and decided to allow another bill to become law without his signature. The veto of the bill involving use of cameras that photograph motorists who run red lights effectively kills it because the legislature that passed the bill adjourned at the end of 2006 and thus the veto cannot be overridden. The bill that Taft is allowing to become law without his signature caps damages against lead-pigment manufacturers under the Consumer Sales Practices Act. Those were the only two remaining bills from the lame-duck legislative session last month on which Taft has not acted. He leaves office Sunday. Taft said the red-light camera bill violated the right of cities and local governments to pass laws affecting their jurisdictions. "Local governments and their law enforcement agencies have the best knowledge of their streets, including the location of their most dangerous intersections," Taft said in a statement. "Along with this knowledge, they must have the ability and flexibility to enforce traffic laws for the safety of all Ohio citizens." The outgoing governor said he was especially concerned that a requirement in the bill to mount cameras on a permanently fixed structure in school zones could make it impractical for cities "to act to protect the safety of school children." "I can discern no strong public policy that warrants this sweeping preemption of local control over our local streets," Taft said. It was Taft's second veto in recent weeks but only the fourth of his eight years in office. The legislature overrode Taft's other recent veto involving gun restrictions. The bill Taft is allowing to become law will prevent individuals and cities from suing paint manufacturers to force them to pay for the cleanup of houses where toxic paint still poses a danger. Critics said the bill also would cripple the state's ability to enforce its new law against predatory lending. Taft said he supported the legislature's desire to limit lawsuits but opposes changing the Consumer Sales Practices Act to limit damage awards for noneconomic harm to $5,000. "While there are many provisions in this bill that I endorse, there is one that I cannot support," Taft said. "Because the Ohio Constitution precludes me from exercising a line-item veto (on this bill), I feel my only course is to not sign the bill." Taft encouraged the legislature to revisit the issue in the current session. [email protected] |
From what I read in JarheadPatriot's post, he has plenty of grounds to have his BS ticket dismissed. For starters, if the speed camera was set up to trigger on the school zone speed limit outised of the restricted hours, any judge who isn't bought and paid for should dismiss the citation. Who made you the traffic nazi, anyway? |
I'll have my day in court, then we'll see. From what I understand, most of these tickets that get challenged, get tossed. |
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I drive a tractor trailer for a living and agree 65 is fast enough but how about making it 65 for all vehicles not just 4 wheelers. Traffic would flow much smoother with us big trucks going the same speed as everyone else and people wouldnt cut us off just so they dont get stuck behind a slow truck. |
How about YOU don't cut US off because the truck in front of you is going 54 and you are going 55 and you pull out just as a car approaches on the left lane? Then you form a back up several miles long while it takes you for-fucking-ever to get over.  I have to believe that most you people have never driven in any state that has higher speed limits, because no one who had would be making these ignorant comments that 65 is "fast enough". Traffic on I-25 between Denver and Fort Collins is heavier than traffic on I-75 between Dayton and Cinci, and it does quite well with a 75 mph speed limit. |