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red_light2Redflex Traffic Systems Inc., the camera operating company, filed an appeal with the Ohio Supreme Court, challenging the appellate court’s ruling in favor of the traffic camera ticket recipient.  The Ohio Sixth Circuit Court of Appeals held that the City of Toledo unconstitutionally usurped the jurisdiction of the Toledo Municipal Court by diverting challenges to the violation notices to an administrative hearing officer set up within the police department, in violation of Ohio Constitution, Article IV, Section 1.   The court also held that, assuming as true the ticketed driver’s allegations  that Toledo had no administrative appeal process, the ticketed driver presented a valid claim for a due process violation.  Walker v. City of Toledo, 2013 Ohio 2809.

It remains to be seen whether the Ohio Supreme Court will agree to hear the case.  Docket for Supreme Court Case No. 2013-1277

See Plain Dealer article Latest traffic camera challenge headed to high court while Ohio Senate considers ban

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