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A Hamilton County judge ruled that Elwood Place’s speed cameras violate the due process clause of the Ohio Constitution.  The Village was in violation of ORC 4511.094, which requires signs to be posted to warn motorists entering the village that traffic cameras are present, because a motorist could enter the village without seeing such signs.  Moreover, the hearing afforded to those issued tickets is a sham.

The so-called witness for Elmwood Place testifies from a report produced by the company that owns the speed monitoring unit.  This witness has no personal knowledge of the speeding violation and therefore, their testimony is based solely on hearsay.  The accused motorist has no ability to cross-examine the witness because the witness was not present when the violation occurred.  There is no opportunity to obtain any discovery about the device or to subpoena any witnesses that may have knowledge of the device. …  Moreover, the device was not calibrated by a Police Officer, but rather it was calibrated by Optotraffic, the corporation that owns the device.  Remember, Optotraffic has a financial stake in this game [They receive a percentage of the fines collected.]

Opinion in Pruiett v. Village of Elmood, Hamilton C.P.  A1209235 (Mar. 6, 2013).

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