Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum  

Go Back   Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum > Speed Trap & Traffic Enforcement > Economics & Politics
Radar Detectors Forum Logon:


Economics & Politics Discussion of the economic and political market driving factors of automated enforcement technology.

Reply
 
LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 2016-08-19
NMA Reporter NMA Reporter is offline
Senior Member
 
Join Date: 2008 Feb
Posts: 125
NMA Reporter is on a distinguished road
Exclamation Ohio Lawyers Push For Restitution In Illegal Camera Case

Article: Ohio Lawyers Push For Restitution In Illegal Camera Case

Charles H. RittgersAn Ohio judge last month refused to garnish the profit from speed camera tickets, so lawyers in the case against the town of New Miami have upped their demands. Attorney Charles H. Rittgers last week formally insisted that the judge order New Miami to pay back every cent that was unlawfully collected from motorists -- $3,066,523.55. That represents a significant increase from the $1.8 million previously sought.

In his July ruling (view case), Butler County Common Pleas Court Judge Michael A. Oster Jr was careful not to overstep his authority while appeals in the case were pending. That caution is no longer warranted, as the case has been formally sent back to Judge Oster.

"The Twelfth District [Court of Appeals] affirmed the decision of the trial court," Rittgers explained. "The Ohio Supreme Court has declined jurisdiction on a further appeal pursued by the village."

The attorneys representing photo ticket recipients cited a number of court precedents that argued a full refund was the appropriate remedy when a government entity unlawfully charges or overcharges citizens. The doctrine of sovereign immunity, Rittgers argued, did not apply.

"In this case, the village has wrongfully collected $3,066,523.55 under an invalid ordinance," Rittgers wrote. "Ohio courts, in this situation, have ordered the repayment of these funds."

The demand for the full refund will put a strain on the finances of the town of 2300, which used an automated speed trap on US Highway 127, a major route to Cincinnati, to generate six times the town's population in tickets. The town had hired Optotraffic to run the program in exchange for a 40 percent cut of each ticket issued. Under this arrangement, Optotraffic pocketed $1,226,409. A judgment would force the village to either come up with the money or sue the vendor for compensation.

New Miami officials have yet to file their response to the renewed demand. Village attorneys have attempted to use procedural maneuvers, such as pointing out lapsed filing deadlines, as a means of having the case thrown out. The village has also argued that the inherent powers of local self-government allow it to enforce any ordinance it chooses related to police powers. Source
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply



Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -4. The time now is 08:48.


©2019 SpeedTrapHunter