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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Can a city council legally enact, and enforce, a traffic camera

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Can a city council legally enact, and enforce, a traffic camera speed ordinance? In other words, does the ordinance have the necessary authority to enforce a photo speed violation?
I'm not a resident of the state or city the violation was issued in, therefore do really have legal authority over me as a resident of their city to enforce the ordinance?
How do I know the photo equipment working properly to enforce speeding violations? I've seen those things flash and take pic's of car's traveling thru an intersection on a green light?
While there is no US Supreme Court decision upholding the legality of traffic camera speed ordinances, there are several states that have allowed this. They are currently allowed under the law in Ohio. Thus, a ticket from a traffic camera must be treated like a ticket from a police officer. You can challenge it in the same manner, and assert a defense that their equipment was not working properly, the speed detector was not modulated or adjusted correct, etc. Nevertheless, you have to contest it as stated on the ticket. If you have missed your hearing date and failed to plead guilty by the time allotted on the ticket, then you are faced with the problem of having to pay the ticket or they could go out and get the judgment against you and put it on your credit report.

Please let me know if you need further information.
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