City threatening to sue those who don...

City threatening to sue those who don't pay camera tickets!

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minnie68

Cleveland, OH

#1 Apr 22, 2010
Has anyone received a notice from the city of Akron indicating that if you don't pay their speed zone camera violation, they are going to sue you! This is not a traffic ticket or a moving violation. It is a civil violation! How can they get away with this?

“I'm as Mad as Hell...”

Since: Mar 07

Your Neighbor & Friend

#2 Apr 23, 2010
They'll try to get away with anything they can. Until someone (Feds) stop them.
Undercover Brother

North Richland Hills, TX

#3 Apr 23, 2010
In crakron "everybody has to pay"!
minnie68

Cleveland, OH

#4 Apr 23, 2010
You don't get the opportunity to face your accuser and the city expects...no...DEMANDS...that you pay the ticket even if you weren't driving the car but own the car. I can't believe that our "court system" has agreed to this type of citizen treatment. Our rights are slowly being taken away from us.
idea

United States

#5 Apr 24, 2010
Make them sue you. If everyone does this, the program will shut down.
Old Man Grump

Akron, OH

#7 Apr 25, 2010
If nobody pays their fine, then what would the city do? They don't have enough lawyers to enforce the camera civil judgements in civil court.
minnie68

Cleveland, OH

#8 Apr 25, 2010
The City of Akron has threatened to sue anyone who doesn't pay their fine. The appeals court in Cincinnatti has ruled that it is legal for Akron to have these cameras. You, as the defendant, can not cross examine or face your accuser. You have to take their word for it that you were speeding on such and such day and time. It is communist thinking!
Undercover Brother

Dacula, GA

#9 Apr 25, 2010
Tell them to "take it out of your "years old property-tax appeals"!

What's good for the Goose... is Good for the Moose!
minnie68

Cleveland, OH

#10 Apr 25, 2010
I hope attorney Warner Mendenhall takes this as far as he can! YOU HEAR THAT ATTORNEY MENDENHALL? Fight this corruption and money making scheme! I support you!

“Popcorn and Politics,yum”

Since: Mar 10

Massillon,Ohio

#11 Apr 26, 2010
I found out the hard way what they can do to you if you don't pay the fine of $100.00. Not only will you lose in civil court and you will have to pay court cost, they will put a lien on your drivers license and car tags. you have to pay the fine before you can renew them. You see,my wife decided not to tell me she got the notice in the mail. I saw the final notice and called the Akron police to find out what happened and what I could and could not do.
Norm Deplume

Medina, OH

#12 Apr 26, 2010
minnie68 wrote:
Has anyone received a notice from the city of Akron indicating that if you don't pay their speed zone camera violation, they are going to sue you! This is not a traffic ticket or a moving violation. It is a civil violation! How can they get away with this?
That's how civil debts are collected, by filing a lawsuit.
Norm Deplume

Medina, OH

#13 Apr 26, 2010
minnie68 wrote:
You don't get the opportunity to face your accuser and the city expects...no...DEMANDS...that you pay the ticket even if you weren't driving the car but own the car. I can't believe that our "court system" has agreed to this type of citizen treatment. Our rights are slowly being taken away from us.
What right is being taken away?
Norm Deplume

Medina, OH

#14 Apr 26, 2010
minnie68 wrote:
The City of Akron has threatened to sue anyone who doesn't pay their fine. The appeals court in Cincinnatti has ruled that it is legal for Akron to have these cameras. You, as the defendant, can not cross examine or face your accuser. You have to take their word for it that you were speeding on such and such day and time. It is communist thinking!
Is there not a procedure established to challenge the ticket?
idea

United States

#16 Apr 26, 2010
I have heard that appealing the ticket is useless. They have set up some sort of kangaroo court. At least in a real civil court, the judge or magistrate will have to examine the evidence (or lack thereof).
Norm Deplume

Medina, OH

#17 Apr 26, 2010
idea wrote:
I have heard that appealing the ticket is useless. They have set up some sort of kangaroo court. At least in a real civil court, the judge or magistrate will have to examine the evidence (or lack thereof).
"Administrative appeals of notices of liability are overseen by a
hearing officer, who is an independent third party appointed by the mayor of Akron. After administering the oath to any witnesses and reviewing all the evidence, the hearing officer determines whether a violation of Section 79.01 of the Codified Ordinances of the city of Akron is established by a preponderance of the evidence and whether the owner of the vehicle is liable for that violation. The images of the vehicles and their license plates, the ownership records of the vehicles, and the speed of the vehicles on the date in question are considered prima facie proof of a civil violation and are made available to the appealing
party."

That's the procedure as summarized by the Ohio Supreme Court. Where's the problem?
idea

United States

#18 Apr 27, 2010
Norm Deplume wrote:
<quoted text> Where's the problem?
The problem seems to be that if you are the owner of the car these hearings consider that prima facie evidence that you committed the violation. I think that's wrong, and I hope that the Ohio Supreme Court someday decides that it's wrong too.

In the meantime I would let the city sue so the case could be moved to a real courtroom and not the bogus hearings set up by the city.
minnie68

Tampa, FL

#19 Apr 27, 2010
Idea..you are absolutely correct about the hearing process. It is a useless joke. Norm Deplume..you state that administrative appeals of notices of liability are overseen by a hearing officer, who is an independent third party appointed by the MAYOR of Akron. Hmmm...wonder how that plays out for citizens? Of course the mediator will listen to your side of the story and all the solid evidence you have but in the end....who is the mediator working for? The city of Akron. If the mediator doesn't bring in enough money for the city...do you think the mayor will continue the appoinment of that mediator? I am not arguing that getting a ticket, if speeding in a school zone, is wrong however, the manner in which the defedant is charged is absolutely wrong with a bogus appeals process.

“I'm as Mad as Hell...”

Since: Mar 07

Your Neighbor & Friend

#20 Apr 27, 2010
O the joy of living in Akron. The Don is watching. And ready to take your 100.00. "Crumbs! Bwahaha!"

Hey. This is what you voted for.
Norm Deplume

Medina, OH

#21 Apr 27, 2010
idea wrote:
<quoted text>
The problem seems to be that if you are the owner of the car these hearings consider that prima facie evidence that you committed the violation. I think that's wrong, and I hope that the Ohio Supreme Court someday decides that it's wrong too.
If it wasn't you that was driving you go to the hearing and offer proof that it was someone else. Not tricky.
idea wrote:
<quoted text>
In the meantime I would let the city sue so the case could be moved to a real courtroom and not the bogus hearings set up by the city.
That won't work out too well for you. By the time the city sues you, it's simply to collect the debt not to litigate the speeding issue.
Norm Deplume

Medina, OH

#22 Apr 27, 2010
minnie68 wrote:
Idea..you are absolutely correct about the hearing process. It is a useless joke. Norm Deplume..you state that administrative appeals of notices of liability are overseen by a hearing officer, who is an independent third party appointed by the MAYOR of Akron. Hmmm...wonder how that plays out for citizens? Of course the mediator will listen to your side of the story and all the solid evidence you have but in the end....who is the mediator working for? The city of Akron. If the mediator doesn't bring in enough money for the city...do you think the mayor will continue the appoinment of that mediator? I am not arguing that getting a ticket, if speeding in a school zone, is wrong however, the manner in which the defedant is charged is absolutely wrong with a bogus appeals process.
How is that any different than with a judge or a magistrate? They are both government employees making the decision. That's how it works. Who else is going to be the arbitor?

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