Motorist: Brice traffic camera system illegal
A motorist ticketed for speeding in Brice is asking the Ohio Supreme Court to halt the Franklin County village’s use of traffic-enforcement cameras, arguing that the court recently found the same process in Toledo was unlawful.
The lawyer who won the legal challenge of Toledo’s traffic-camera system filed the latest lawsuit last Monday on behalf of Ryan Hatfield, a Baltimore, Ohio, resident who was caught on camera allegedly driving 41 mph in a 25-mph zone on Brice Road on Sept. 3.
“This case is exactly the same,” said Andrew Mayle, whose law practice is based in suburban Toledo. “I never thought I’d have to do this twice.”
The Ohio Supreme Court ruled on June 24 that Toledo was violating state law by using an administrative procedure to hear appeals of traffic tickets issued through red-light and speed-detection cameras.
The state’s highest court found that an Ohio law that took effect in July 2019 gave municipal courts the exclusive jurisdiction over noncriminal traffic citations, including traffic-camera citations. According to Hatfield’s lawsuit, Brice uses non-judicial administrative hearings for its traffic-camera citations, like the ones at issue in the Toledo case. The lawsuit alleges Brice is “completely flouting (the Supreme Court’s) decision and the statutory law of Ohio.”
Brice Police Chief Bud Bauchmoyer told The Dispatch on Thursday that he had just received a copy of the complaint and couldn’t comment.
“I have to pass it up through the legal people and let them look at it,” he said.
Bauchmoyer said the village council appoints a hearing officer to hear the traffic-camera cases.
Hatfield was scheduled to have an administrative hearing on Wednesday, two days after the Supreme Court case was filed.
Mayle, who wasn’t present at the hearing, said the hearing officer dismissed his client’s speeding ticket.
“I assume that Brice will say that the (Supreme Court) case is now moot because they dismissed the ticket,” he said. But Mayle pointed out that the complaint asks the court to prohibit Brice from holding such hearings “for all alleged violations of local traffic violations – in (Hatfield’s) case and others.” That’s all the complaint is seeking, Mayle said. “We just want them to stop.” jfutty@dispatch.com @johnfutty