Group Says Cincinnati OH Voters Should Reject Traffic Cameras

Posted June 9, 2008 by ohiotrafficlawyer
Categories: Ohio Red Light Cameras

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CINCINNATI, OHIO (AP) – A coalition that includes the NAACP, environmentalists and the Libertarian Party wants to make the city one of the biggest in the U.S. to ban the use of traffic cameras to catch drivers who run red lights.

The group, which succeed last year in helping urge voters to defeat a sales tax increase to build a new jail, has started a petition drive to ask voters in November to amend the city’s charter preventing City Council from using the technology. The cameras are used in about 300 U.S. cities, including Columbus.

Opponents need to collect about 8,000 valid signatures in the next two months to place the issue on the ballot, and they believe a successful campaign would encourage citizen uprisings against the cameras elsewhere.

Mostly, they object to what they consider an intrusion on privacy and personal liberties. Supporters, who include some prominent City Council members, say the cameras improve red-light enforcement and increase traffic safety.

Josh Weitzman, head of the Libertarian Party of Southwest Ohio and co-chairman of a group called We Demand A Vote, said putting citizens under government surveillance smacks of the Big Brother mentality of George Orwell’s “1984.” He expects to get twice the number of signatures necessary to put the charter amendment to a vote.

The Ohio Supreme Court ruled in January that cities have the power to use traffic cameras to catch drivers breaking traffic laws.

Courts in other states have dismissed numerous challenges, according to the nonprofit Insurance Institute for Highway Safety in Arlington, Va. But cameras have been rejected by voters in some cities.

Voters in Steubenville forced the city to suspend its program when they overwhelmingly rejected red light cameras in 2006, and Anchorage, Alaska, had to abandon its program after a vote by residents.

Insurance Institute spokesman Russ Rader said the group doesn’t have data on the number of times traffic cameras have been rejected, but he decried the Cincinnati petition drive.

“Unfortunately, they’re taking a step that will make streets less safe,” he said.

Opponents say safety isn’t the real issue on the minds of City Council — it’s money.

“They said they intend to get $1 million revenue from red light cameras,” said Christopher Smitherman, president of the Cincinnati Chapter of the National Association for the Advancement of Colored People. “That scares and concerns our members that this is not about safety but about driving revenue.”

The City Council approved a budget in December that anticipates $1 million from tickets issued by the cameras. Members have not yet voted to buy the cameras, and the city manager has said it’s not likely any could be operational until fall.

Staff members plan to review proposals from two vendors, including Redflex Traffic Systems of Scottsdale, Ariz., the industry leader with about 46 percent of the U.S. business.

If opponents succeed in getting the issue on the ballot, Smitherman expects vendors to pour money into a counter campaign.

“We have never engaged in a lobbying campaign to overturn a ballot initiative,” said Cris Weekes, vice president of marketing for Redflex. “What we have assisted our jurisdictions with is education and public outreach.”

Redflex has contracts with 204 cities in 20 states, Weekes said.

“The U.S. is pretty far behind the rest of the world,” she said. “Automated traffic monitoring is pretty much the standard across central and western Europe.”

The City Council tried to install red light cameras once before. In June 2005, then-Mayor Charlie Luken vetoed a camera ordinance, saying he didn’t believe the motive behind the measure.

“I appreciate the comments about safety, but let’s be honest with the public,” Luken said then. “We didn’t think about this until we came up with a budget problem.”

Vice-mayor David Crowley was a backer of red light cameras then and now.

“It’s a public safety issue,” said his chief of staff, Rocky Merz. “The cameras are shown in every study we’ve seen to reduce traffic fatalities.”

Article from Associated Press News

Information on traffic laws in Ohio.

Just The Ticket? Six-Week Crackdown On Bad Driving In Ohio

Posted June 6, 2008 by ohiotrafficlawyer
Categories: Ohio Speeding Ticket Law

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A six-week ticket-writing blitz awaits Columbus-area drivers beginning Monday.

The Ohio State Highway Patrol is teaming with area police agencies to crack down on traffic violations, such as speeding and impaired driving, that can cause crashes.

Prior-enforcement initiatives have reduced the number of fatal and injury crashes in urban areas, said Col. Richard Collins, patrol superintendent.

State troopers, including aircraft and motorcycle units, will join Columbus, Dublin and Gahanna police and the Franklin County sheriff’s office in working roads to catch violators.

A similar effort last year in the Cincinnati area resulted in 6,223 tickets, 4,461 warnings and the arrest of 299 impaired drivers, the patrol said.

Twenty-five people have died in traffic crashes in Franklin County this year, eight fewer than in the same period a year ago. Eighty-one motorists died in crashes in the county last year.

— Randy Ludlow, The Columbus Dispatch, dispatch.com

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Drunken Drivers Not Easily Stopped

Posted May 31, 2008 by ohiotrafficlawyer
Categories: Ohio DUI

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NEWARK, Ohio — A Licking County man was indicted yesterday on his 13th charge of drunken driving.Jeffrey S. Moore, 40, of Newark, is charged with one felony count of operating a vehicle while under the influence of alcohol or drugs, or OVI, and a misdemeanor charge of driving under suspension.

Moore is far from the worst offender in Ohio.

In the past three years, 261 people were charged with at least their 10th offense, according to police reports forwarded to the Ohio Department of Public Safety.

At least two of those were charged with their 19th offense, and 26 others had more than 13 arrests.

In fact, more than 19,000 people have been charged with five or more OVI offenses since the department started keeping score in August 1991.

If convicted, Moore could be sentenced to five years in prison for the fourth-degree felony.

Amanda Conn Starner, spokeswoman for the Ohio Department of Alcohol and Drug Addiction Services said the department is pushing for legislation that would require mandatory treatment for all repeat drunken-driving offenders.

Conn Starner said that treatment and recovery services work when they are made available to repeat offenders.

“Addiction is a brain disease and has to be treated like any other disease,” she said.

Doug Scoles, executive director of Mothers Against Drunk Driving Ohio, wants the state to do more.

“You can take away someone’s license and they’ll continue to drive for one simple reason: because they can,” he said.

The organization is pushing for ignition interlock systems, which keep a car from starting unless the driver blows into the device, similar to taking a Breathalyzer test, Scoles said.

Enforcement alone is not going to keep repeat offenders off the roads, Scoles said, and Moore’s arrest might back that up. Moore lost his license for life after a drunken-driving arrest in August 1995, and he has been caught driving impaired at least four more times, according to Licking County Municipal Court records.

“Repeat offenders have an alcohol addiction that is driving the train for them,” Scoles said.

THE COLUMBUS OHIO DISPATCH

Holiday Means Road Patrols Stepped Up

Posted May 27, 2008 by ohiotrafficlawyer
Categories: Ohio Traffic Laws

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Lorain County, OH –The combination of warm weather and the holiday weekend can add up to danger for the many drivers that will head out on the area’s roads, according to the Ohio Highway Patrol.

“It’s going to be the first really nice weekend, and it’s going to bring out a lot of people who just want to have fun,” Lt. Glenn Peterson, commander of the patrol’s Elyria post, said. “There’s nothing wrong with having fun, but let’s do it safely.”

That’s why there will be an all-out traffic safety blitz throughout the weekend. Cops will be targeting drunken drivers, drivers and passengers who aren’t buckled up and other offenses. To kick it off, the patrol worked with the Vermilion police and the county sheriff to run a drunken driving checkpoint along Liberty Avenue in Vermilion late Friday night and into this morning.

The Elyria post will have an additional 10 state troopers on duty to help keep watch over roadways, and other law enforcement agencies are expected to increase their numbers.

“We’ll be looking for impaired drivers all day, not just at night time,” Peterson said. “People should know that extra officers are going to be on the road.”

Peterson said an average of more than 16,000 alcohol-related traffic crashes kill more than 450 people each year in Ohio, and while the post can boost manpower to help keep watch, people ultimately have to make the right decisions.

“It’s so simple — that’s what’s frustrating,” he said. “But the more we drive, the more invincible we think we are.”

In 2007, six of the 12 people killed in the state during the holiday were involved in alcohol-related crashes, and nearly 700 driving-while-intoxicated arrests were made during the weekend alone.

More than 10,000 law enforcement agencies throughout the nation will also take part in a “Click It or Ticket” campaign over the weekend to ensure travelers are wearing their seat belts. The effort features extensive nighttime safety belt enforcement — a time when nearly two-thirds of motorists killed in crashes are unbuckled, according to the National Highway Traffic Safety Administration.

In addition to the increase in vehicle traffic, the holiday also brings out its fair share of motorcycles.

Of the 10 fatal crashes that have already occurred this year in Lorain County, two have involved motorcycles, which, Peterson said, can often be hidden in a vehicle’s blind spot.

“Motorists can help by sharing the road with motorcycles,” he said. “Motorcyclists can make a difference by receiving proper training and by never riding impaired.”

Troopers encourage the public to continue using (877) 7-PATROL to report dangerous drivers or stranded motorists, or (800) GRAB-DUI to report impaired drivers.

This year, the Patrol’s Web site — www.statepatro.ohio.gov — will be updated daily beginning Saturday and ending Monday to keep track of fatal crashes and alcohol-related crashes and arrests.

Stephen Szucs, ChroncleTelegram.com

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High Speed Pursuits Challenge Police

Posted May 22, 2008 by ohiotrafficlawyer
Categories: Ohio Traffic Laws

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NEWARK OHIO— Every mile of a police pursuit can determine whether officers pull back or intercept someone who is fleeing, area law enforcement officials said.
Road, weather and traffic conditions are just a few of the considerations a pursuing deputy or trooper must make when involved in a chase, said Licking County Sheriff’s Office Capt. Tom Lee and Sgt. Russell Pasqualetti, of the Ohio Highway Patrol’s Granville Post.

“You have to use discretion, and (the officer who initiated the attempted traffic stop) can shut it down whenever they want to,” Pasqualetti said.

One factor is who is fleeing and the person’s risk to the community in the event he or she escapes, Pasqualetti and Lee said.

“If we are trying to stop somebody that’s a bank robber or a murderer, of course we are going to chase them to much more extent than somebody that ran a stop sign,” Lee said.

Newark and Heath police officers pursued a 21-year-old on a motorcycle, which police said reached up to 139 mph, on a 4.2-mile chase Monday night. The driver was trying to avoid a speeding ticket, according to statements made to police.

Heath police noted when traffic got heavy in the area of North 21st and Main streets in Newark, they backed off. NPD cruisers picked up the chase as the motorcyclist turned onto eastbound Ohio 16.

Wednesday morning, Zackary McCoy, who was charged Tuesday with felony fleeing, disputed the ending of the chase, denying that he lost control of his motorcycle and that he did not cooperate with arresting officers, who both shot him with a Taser and also dry-stunned him with the device.

“I was continuously telling them ‘I’m cooperating, I’m cooperating’ and they Tased me anyways,” he said during a call to The Advocate.

He said a Newark police cruiser in pursuit did not stop in time at the Buena Vista Street exit ramp off eastbound Ohio 16 and struck the motorcycle, which was his brother’s, causing his ejection.

Newark police officials with knowledge of the incident could not be reached for comment.

Populated areas and rural areas can determine the length of a pursuit, as can snow or rain or night and day, the two command officers said.

Lee said the size of the county presents the greatest challenge to the sheriff’s office, which is charged with covering the unincorporated portions of the county and those villages without police patrols.

“The most unique challenge we have is getting backup because we have such a vast area,” he said. “That’s why we don’t hesitate to call other agencies … to give us a hand and in turn they do the same.”

Lee noted the presence of a school zone will cancel a chase “pretty quick.”

Law enforcement can terminate a pursuit in another way: By stopping the fleeing vehicle.

Pasqualetti said all OHP cruisers have spike strips that can be used on all commercial and passenger vehicles, except for motorcycles, to flatten tires and end chases.

Deputies can engage in a number of pursuit termination techniques, such as a rolling roadblock, where a vehicle is surrounded and gradually slowed down by law enforcement.

Generally, Lee and Pasqualetti said the primary tool in a chase is communication.
“You can’t outrun the radio,” Pasqualetti said.

Dispatchers relay messages between officers on the streets and other neighboring agencies, they said.

The chase becomes priority to all affected or possibly affected agencies.

“They have complete 100 percent control of the radio at that time,” Lee said, adding dispatchers at the sheriff’s office go to “99 traffic,” meaning the nine agencies directed by their dispatch room are instructed to maintain radio silence.

Numbers and coordination are huge advantages to law enforcement but aren’t always enough to overrule a potentially dangerous situation, they said.

Pasqualletti said a trooper always is evaluating the pros and cons throughout the ordeal.

“What can be a good pursuit starting out can become, based on the conditions, a pursuit that should not be carried out,” he said.

Article by Russ Zimmer, Newark Advocate

Ohio Speeding Ticket Lawyers

Ohio Department of Public Safety’s Seatbelt Mobilization

Posted May 17, 2008 by ohiotrafficlawyer
Categories: Ohio Traffic Laws

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The Ohio Department of Public Safety is joining law enforcement agencies and highway safety partners to participate in a national seat belt safety mobilization aimed at increasing public awareness of the importance of the proper use of seat belts. This year’s campaign focuses on convincing more motorists to buckle up – day and night.

In 2007, there were 629 fatalities on Ohio’s roads where motorists or passengers were unbelted, an increase from 599 fatalities where motorists were unbelted in 2006. Statistics from the National Highway Traffic Safety Administration show that in 2006, 15,046 passenger vehicle occupants died in traffic crashes between the nighttime hours of 6 p.m. and 5:59 a.m., and 64 percent of those killed were not wearing their seat belts at the time of the fatal crashes.

“Seat belt use is the single most effective way to protect people and reduce fatalities in motor vehicle crashes,” said ODPS Director Henry Guzman. “We are committed to working with partners across the state and lending whatever resources we can offer to educate Ohioans about the importance of buckling up, every trip, every time.”

Throughout the mobilization, the Governor’s Highway Safety Office, a division of ODPS, is supporting state and regional efforts for the campaign. More than 900 local law enforcement agencies are partnering with GHSO to raise awareness for and enforce Ohio’s seat belt laws. If a motorist is pulled over for another violation and is not buckled up, he or she will get a ticket for not wearing a seat belt. Stepped-up law enforcement activities will be conducted during the national Click It or Ticket enforcement mobilization May 19 through June 1.
“Seat belts save lives. Unfortunately, too many people still need a reminder, so we are going to be out in force buckling down on those who are not buckled up,” said Colonel Richard H. Collins, superintendent of the Ohio State Highway Patrol. “Wearing your seat belt costs you nothing, but not wearing it could cost you everything.”
Observational seat belt surveys conducted last year show Ohio’s overall seat belt usage rate was nearly identical to 2006’s rate of about 82 percent. The surveys also show seat belt use is lowest among the following segments of Ohio’s population: the southeast region of the state, pickup truck drivers and passengers, male drivers and passengers, and drivers and passengers between the ages of 15 and 25. ODPS is working to focus efforts to increase seat belt use in these areas to help save lives and reach the statewide usage rate goal of 85 percent.
Each year, GHSO distributes approximately $7.5 million in federal funds to law enforcement grantees, Safe Community and other organizations addressing traffic safety to conduct enforcement and awareness efforts aimed at reducing traffic fatalities, increasing seat belt usage and decreasing the number of alcohol-related fatal crashes. Around the state, GHSO grantees will be holding kick off events to raise awareness for the Click It or Ticket campaign.

Article from The News Messenger online

More information on Ohio’s traffic laws

Summit County Ohio Prosecutor Testifies For Tougher DUI Bill

Posted May 13, 2008 by ohiotrafficlawyer
Categories: Ohio DUI Law

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Summit County OH Prosecutor Sherri Bevan Walsh testified Thursday before the Ohio House of Representatives Criminal Justice Committee on a proposed law that would require mandatory blood tests for repeat drunken drivers.

Walsh told the committee that Ohio ranks sixth in the country for the number of drunken driving fatalities. In the last three years, the Summit office has prosecuted 17 drunken drivers who killed someone and had 100 individuals with five or more DUIs, she told lawmakers.

Bevan Walsh testified that several states — including Alaska, Texas and Nevada — enacted laws that require mandatory blood tests for drunken drivers. The pending law in Ohio would require a suspected drunken driver to take a breath test and if they refuse, it would require them to have a blood test.

Bevan Walsh said in other felony crimes police have the right to obtain fingerprints or DNA samples to link a suspect. She said a drunken driver should be no different. She told lawmakers that the office conducted a random survey of 1,000 residents and 90 percent said they favored the tougher DUI law.

She was just one of several witnesses testifying before the committee on Thursday.

Cleveland.com – Maggi Martin

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Red Light Cameras Allure Grows in Pickerington Ohio

Posted May 9, 2008 by ohiotrafficlawyer
Categories: Ohio Red Light Cameras

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Pickerington could become the first Columbus Ohio suburb to install red-light cameras.

The City Council voted 5-2 last night to authorize Redflex Traffic Systems to study whether Pickerington needs the cameras to catch drivers who run red lights. Redflex will pay for the study.

Council members Brian Wisniewski and Cristie Hammond voted against the proposal, both citing concerns about an invasion of privacy.

But council members who voted for Redflex said they felt the city’s interests are protected and they are committed only to the study.

They are convinced there is a significant traffic problem on Rt. 256 that the red-light cameras could address.

“We do have a certain element of residents who don’t respect the traffic-light signals,” Councilman Michael Sabatino said.

The study will focus on four Rt. 256 intersections: at I-70, Rt. 204 and Refugee and Diley roads.

“Rt. 256 out here is a sure bet,” said Joe Moore, customer-service manager for Redflex. “We’re fairly certain there is sufficient violation activity to make an investment.”

Redflex will study the traffic volume and accident history and do its own video surveillance before determining whether the locations warrant cameras, Moore said.

Redflex has been operating red-light cameras in Columbus since April 2006. The company installed the cameras at no cost to the city, but it takes a share of the ticket revenue that the cameras generate.

Chillicothe plans to soon install the cameras. They also are operating in Toledo, OH; Dayton; Trotwood, northwest of Dayton; and Springfield.

The cameras capture photographs and video of those who run a red light or travel too fast. The evidence is then submitted to the police department, which determines whether a citation should be issued.

In Columbus, 20 red-light cameras have resulted in a 59 percent reduction in vehicle crashes at those intersections, Moore said.

However, Councilman Wisniewski said he has heard that in some places it has led to more rear-end collisions, and he thinks that’s an issue the city should consider.

Pickerington Police Chief Michael Taylor said he has been closely watching how the experiment works in Columbus. The Ohio Supreme Court’s affirmation that red-light cameras are legal also was an important step.

Public safety is the primary reason why Pickerington is considering cameras, Taylor said.

The city doesn’t have the money to hire more police officers, so having the cameras could help, he said.

Story by Jim Woods, Columbus Dispatch, ColumbusDispatch.com

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Woman Gets First Prison Term For 9th DUI Conviction In Ohio

Posted May 6, 2008 by ohiotrafficlawyer
Categories: Ohio DUI Law

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MEDINA COUNTY, Ohio — A Lorain County woman was sentenced Wednesday for her ninth drunken driving conviction.This will be 37-year-old Kara McCallum’s first time serving time in prison, reported NewsChannel5’s Joy Benedict.

Judge Christopher Collier made it clear that he doesn’t believe McCallum knows she has an alcohol problem. Because of that, he gave her her first prison sentence. She has been convicted of nine DUIs dating back to 1985. Despite suspended licenses, she’s managed to escape prison time. Her strictest sentence previously came in 1991, when she served 30 days in jail.Medina County prosecutor Dean Holman said her convictions were all in different jurisdictions. He said her prison sentence this time is due to stricter DUI laws, allowing the court to look at a 20-year history to determine sentencing.”Her conduct shows she hasn’t learned, so prison is justified,” Holman said. In addition to her two-year sentence, the judge also revoked McCallum’s license for life, telling her he hopes she finally gets the help she needs.

Story from Newsnet5.com

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9th Ohio District Court of Appeals Ruling Requires Expert Testimony To Back Laser Speed Gun’s Accuracy

Posted May 1, 2008 by ohiotrafficlawyer
Categories: Ohio Speeding Ticket Law

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Lead-foot drivers nabbed with laser speed guns could cruise around charges if courts cannot show an expert has testified to the accuracy of the devices.

On Monday, the 9th Ohio District Court of Appeals reversed a $100 ticket issued to a truck driver clocked at 67 mph in a 55-mph zone on Interstate 71 in Medina County.

The appeals court found no record that an expert had established the accuracy of the laser, the LTI-20-20, in Medina Municipal Court. Until an expert testifies about its precision, its results cannot be used in the court, said Medina Law Director Gregory Huber.

We won’t be able to rely on the LTI-20-20 laser until this is resolved,” he said.

The court covers Medina, Brunswick, Chippewa Lake, Spencer and 11 townships. Anyone found guilty of speeding in the last 30 days in that court whose speed was measured by that laser can appeal, said Kenneth Turowski, who represented the truck driver, Donald Miko.

It was unclear Monday how many speeders clocked by the laser have been convicted in the court. Officials there do not keep a record of the number of speeding tickets issued each month, the clerk’s office said.

Turowski said many municipal courts don’t stay current with a required rule of evidence that an expert has to testify on the accuracy and scientific reliability of any speed measuring device before the results can be used against a defendant. The expert only has to testify once; then a judge can cite the finding in all future cases.

Medina Municipal Judge Dale Chase, who has been on the bench since 1987, is diligent about seeking expert testimony on lasers and likely did in the 1993 case he cited when affirming a magistrate ruling that Miko was guilty, Huber said. But the 1993 decision does not mention expert testimony.

Miko, 32, of Shirley, N.Y., was stopped by the State Highway Patrol on March 12, 2006, while driving north on the interstate in Brunswick Hills Township. Turowski said Miko fought the ticket because he did not think he was speeding.

Turowski realized the laser could be an issue when neither the magistrate nor the prosecutor in the case could cite any case involving the laser’s reliability, he said. Chase cited the case when he overruled Turowski’s objections and imposed the magistrate’s ruling of a $100 fine, $162 in court costs and two points on Miko’s license.

Most drivers simply pay their ticket, but Miko chose to fight, even though it cost him 50 times the cost of the fine, Turowski said.

Karen Farkas Reporter, Cleveland Plain Dealer

Ohio Speeding Ticket Laws