Cleveland Law Library Weblog

Ohio 8th District Court of Appeals Holds That Cleveland's Automated Traffic Camera System is Unconstitutional

In Jodka v. City of Cleveland, et al., Case No. 99951, the Ohio 8th District Court of Appeals held that Cleveland's automated traffic camera system contained in Cleveland Codified Ordinance 413.031 is unconstitutional under Ohio Constitution Article IV, Section 1 because it usurps a judicial function. Specifically, Judge Kenneth Rocco, who wrote the opinion, stated that: "This court agrees ... that the power to adjudicate civil violations of moving traffic laws lies solely in municipal court" under O.R.C. sec. 1901.20. Although Jodka prevailed, he did not get his fine back from Cleveland's parking Violations Bureau.

Local Judge and Magistrate Issue New Edition of Book Titled Ohio Driver's License Suspensions and Reinstatement Handbook

Local Garfield Heights Municipal Court Judge Deborah J. Nicastro and local Garfield Heights Municipal Court Magistrate Robert G. Walton have issued a new edition of their online book titled Ohio Driver's License Suspensions and Reinstatement Handbook. According to the authors:

"The purpose of this Handbook is to assist practitioners in reinstating Ohio driver's licenses which have been suspended, cancelled or forfeited by an Ohio court or the Ohio Bureau of Motor Vehicles."

 

Ohio Supreme Court Dismisses Two Cases Challenging the Constitutionality of Red-Light Cameras

Yesterday, on May 4, 2011, the Ohio Supreme Court dismissed two (2) cases from Cleveland and Columbus that challenged the constitutionality of red-light cameras. The Court simply dismissed the cases so there is no substantive opinion upon which either side can really hang its hat. Click here to read the Court's opinion in the Cleveland case, which sought writs of mandamus and prohibition and wherein the court denied class certification and a request for oral argument in 2 short paragraphs. Click here to read an article from the Columbus Dispatch about the decisions. Click here to read our prior post on the case when it was originally filed in Cleveland just 3 months ago.

Beachwood Attorney Files Class Action in Ohio Supreme Court Over Cleveland's Red Light Cameras

Local Attorney Paul Greenberger has filed a class action suit in the Ohio Supreme Court over Cleveland's red light cameras. According to news reports, the suit is being brought on behalf of drivers who have paid their tickets as well as those who have not yet paid the fines that were imposed. The case has been assigned docket no. 11-0235, and the Complaint is already available online. The case is apparently based on a jurisdictional argument that the City "violated Ohio law by usurping the municipal court's jurisdiction and assigning a hearing examiner within the Parking Violations Bureau to handle the camera citations." If successful, the suit could allegedly recover fines paid by 40 million drivers.

6th Circuit Remands Read Light Camera Case Involving Leased Vehicles for Determination of Unjust Enrichment Claim

Drivers of leased vehicles will have to wait a bit longer to find out if the City of Cleveland will have to reimburse them a collective $10 million dollars over red light traffic camera tickets. The 6th Circuit issued a recent decision in the McCarthy case which upheld the law under Constitutional provisions prohibiting unjust takings (U.S. Const. amend V; Ohio Const. Art. I, § 19), but remanded the case to the district court for a determination of whether the City was unjustly enriched by collecting $100 fines from lessees under a law that purportedly only covered vehicle owners. Click here to read an article from Cleveland.com about the court's decision.

Cuyahoga County Starts Study of Racial Bias in Justice System

This month, Cleveland State University will conduct a study for Cuyahoga County, Ohio on racial bias in the justice system. The study will cost about $60,000 and pick up where a prior Univ. of Cincinnati study left off. According to First Asst. Prosecutor Michael O'Malley, CSU team members will be riding with police to "traffic-ticketing and other behavior for signs of racial bias."

Woman Suing Google Maps Over Pedestrian Route

A woman who used Google Maps to mark a walking route is suing Google for injuries she sustained in an accident. The Utah woman claims that the route took her along a highway, where she was hit by a car. An article about the suit claims Google Maps' directions marked the route as hazardous, but this warning may not have been visible on the BlackBerry she used. Her suit has been filed in Utah District Court and seeks damages of over $100,000.00.

Big Changes Coming for Traffic Tickets and Rules

Effective January 1, 2010, new changes are coming to Ohio's traffic ticket Rules. The Ohio Supreme Court has created a new traffic ticket for officers to use when they run out of their current supplies, and there are new rules that will change deadlines and allow for more cases to be disposed of without an appearance. The new ticket will only require 4 digits of a defendant's social security number but add room for the citing officer to report prior OVI convictions. Click here to read more about the new Rules.

Cleveland Bans Texting While Driving!

Yesterday, July 19, 2009, the City of  Cleveland started enforcing its new ordinance banning texting while driving. See our prior post, where you can find the text of the new ordinance and the  City Council record. The first offense will cost $100, the secound will cost $250, and all others after that could cost up to $500. Click here to read the Plain Dealer article about the new law.

Garfield Hts. Municipal Court Offers Help with Drivers License Reinstatement

The Garfield Heights Municipal Court is offering free legal help to drivers who want to try and reinstate their licenses. The help session is planned for June 20, 2009 from 1-4:00 p.m. at Cleveland-Marshall College of Law at 18th and Euclid downtown. Lawyers, law students and others will be available in Room 237. Click here to read the notice from the Plain Dealer online.