Butler County Common Pleas Court Judge Michael Sage has issued a written decision in the New Miami Speed Camera case.
Read the decision here: Judge Sage Decision and Entry
The Court had previously ordered the Village of New Miami to stop enforcement with the speed cameras.
In his decision, Judge Sage found that the New Miami speed camera ordinance.
First, Judge Sage found that the speed camera ordinance improperly bypassed the court system by enacting a civil enforcement system. The court said:
To decide otherwise is to permit municipalities to create an extra judicial system without all of the courts inherent protections which municipalities could easily abuse. One purpose of a court is the protection of citizens against an over-reaching government. It is this court’s strong belief that the writers of the Ohio Constitution intended courts with all their procedural protections to be the exclusive venue to resolve traffic and criminal matters.
Second, Judge Sage found that the speed camera ordinance denied motorists due process. The court said:
The village has intentionally chosen to ignore [the] basic tenants of procedural law and adopted a civil ordinance which is strongly skewed in its favor and which denies the people cited any chance for a fair hearing.… When government chooses to bypass time-tested traditions which incorporate Ohio’s rules of practice and procedure then it invites scrutiny to ensure the process is fair to citizens from whom they wish to take their property.