Red Light Cameras - Unconstitutional?

Red Light Camera Sign

A Brief filed recently in the Ohio Supreme Court on Red Light Cameras

asserts that Red Light Cameras violate the confrontation clauses in the Ohio and US Constitutions.  The Brief claims:

• In the Ohio Constitution, citizens vested judicial power in the courts only, not administrative hearings as are used for red light cameras

• Although the Ohio Constitution permits the Ohio legislature to create additional judicial power, legislators have never created such authority for cities, or red light camera specific authority.   Instead, all traffic violations must be adjudicated through municipal courts.

• Ohio cities cannot create judicial power through local ordinances.

• “Administrative” traffic camera / red light camera enforcement violates the confrontation clause, and Ohioans’ right to defend themselves before an elected judge, as well as their due process rights

A camera cannot be cross-examined in a court, as one could do to a police officer.

For the foregoing reasons, red light cameras may soon disappear from Ohio.

If you want to challenge your ticket and defend yourself from a red light camera or speed camera because it is unconstitutional, please contact us using the form on the right.

If you have any other criminal matter, OVI, DUI, et cetera, we can help!

See the article by the briefer here