So is this to mean that you were cited by a speed camera in the City of Cleveland, Ohio?
Which courts are you talking about? And ruled against the use of traffic cameras for which cities in Ohio?
Can you post a link or links to the court case or cases you are talking about?
And can you find any indication that the courts ruled against the city of Cleveland Ohio and ordered it to take the cameras down?
It appears that the Ohio Supreme court has agreed to review the legality of cameras in that state but until the matter is reviewed and an order from the Supreme Court comes down to all entities within the state to cease use of cameras for issuing traffic violations, then each municipality is independent with its use of these cameras.
For example, in this story: Judge deals blow to Ohio village's use of speeding traffic cameras, the judge actually did order the village of New Miami to stop using speeding cameras, but he also approved class action status, meaning thousands of drivers potentially could seek refunds.... But that has no effect on any other camera system being operated by any other entity in the state of Ohio.
And certainly not the city of Cleveland, Ohio. Because it appaers that Cleveland, Ohio's Traffic Enforcement Cameras appear to be alive and well and still operational to their full extent.
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Well, you were ordered by the court to handle the matter somehow. Obviously, fight it and get it dismissed or pay the fine in a timely manner.
You claim you thought you had a date argument... That you were not notified of the citation until October even though you admit to speeding at 35 in 25 zone. What code section is it that says it was supposed to be delivered to you within the month period as you described here:
Something tells me there is not any sort of time limit and you were just speculating but that means the citation was still valid and you were still obligated to get it handled in a timely manner.
In fact here is § 413.031 Use of Automated Cameras to Impose Civil Penalties upon Red Light and Speeding Violators and I cannot find any sort of reference to a time limitation.
Courts might tend to do that when people are notified of their rights and responsibilities and they fail to comply.
There is no requirement that they prove you were the driver. As (presumably) the registered owner of the vehicle, you are responsible and this is mentioned in the code itself.
(c) Speeding Offense – Liability Imposed. The owner of a vehicle shall be liable for the penalty imposed under this section if the vehicle is operated at a speed in excess of the limitations set forth in Section 433.03.
That decision is not up to you. Because what you "felt" was completely baseless.
Apparently, not in Cleveland!
You can make of it what you choose, but unless you have a particular court case that says the entire state cannot use cameras, then you must comply with the process or suffer the consequences. What are the consequences you ask?
Well, it appears that if you don't pay within $20 days from the date it was mailed, you are penalized $20, if you don't pay within 40 days from the date of mailing, then you ow an additional $40 for a total of $60 IN ADDITION to the $100 original fine amount that you are required to pay. And of course, its been longer than 60 days since October of 2013, so you're stuch with the original fine, the late fees as well as:
§ 413.032 Costs of Collection of Unpaid Tickets for Photo-Enforced Offenses
In addition to any other fees or charges authorized by these Codified Ordinances in relation to the commission of a violation of division (b) or division (c) of Section 413.031, a person liable for the penalties established by division (o) of Section 413.031 may be assessed a fee under this section in an amount equal to the costs paid by the City to any vendor for the costs of collection of the debt.
As for this part...
Where do you get that part about having to pay $100 even if you win? Or is that simply your way of making yourself feel better about it all.
Lastly, I don't know if this Ohio Revised Code applies to this type of fine or not... I think it should, you'll soon find out I guess:
4503.39 Blocking registration of vehicle lessees with outstanding fines or costs.
With regard to a motor vehicle leased by or in the name of a person named in a suspension order or who is precluded from registering or transferring registration of a motor vehicle because of a failure to pay a fine or court costs, the registrar of motor vehicles shall adopt procedures as indicated in division (B) of section 1901.44 , division (B) of section 1905.202 , division (B) of section 1907.25 , division (D) of section 2935.27 , division (A) of section 2937.221 , division (A) of section 2947.09 , and division (B) of section 4510.22 of the Revised Code. The procedures shall prescribe the information and methodology necessary to implement those divisions.
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