Miami’s new voters refused to approve a solution to the speed camera problem by rejecting a new tax levy request

The village appealed Oster’s decision to the 12th District Court of Appeal and won, so the speeders took the case to the High Court. Judges only accept about 6% of discretionary appeals, but they accepted this one in April.

“We believe that when the government enters into a public-private partnership for the primary purpose of generating revenue, the Supreme Court should review the procedures used to ensure that citizens have a full, fair and meaningful opportunity to challenge any fine,” he said. Josh said. Engel, one of the speeders’ lawyers told the Journal-News after the 12th district decision.

Lawyers in this case expect there will be a plea in the High Court early next year.

Chandler said passing the proposed tax would not have solved the $ 3.4 million problem if the High Court decided they owed refunds.

“It’s still in my head,” Chandler said of the pending decision. “If that happens eventually, asking for a police fee will not necessarily do us any good. That should probably be a whole other case that we need to look at. “

New Miami is also fighting the state against new punitive laws that shut down lucrative speed cameras. They were forced to shut down pole-mounted speed sensors at the start of the case in 2014, when the program was declared unconstitutional.

The speeders claimed that the Automated Speed ​​Control Program (ASEP) violated their due process rights because an administrative hearing based on what the eye of the camera saw was used, rather than court proceedings where they could question witnesses.

The program was restarted in 2016 with handheld devices until a new law came into effect in July 2019, making it financially impossible for the village to operate the cameras.

HB 62 reduced the amount of state financial assistance that local jurisdictions receive from the amount they receive each year in income from speed camera tickets. He also mandated the courts to treat speed camera citations as civil proceedings that include court fees and costs. The village estimated it would cost $ 612,000 in court fees, and the tickets only fetched around $ 222,000.

Butler County Common Pleas Judge Greg Howard dismissed the state’s motion to dismiss in March 2020, but has not ruled whether the state’s law is constitutional or not.

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