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Got a ticket by Camera in Dayton in a thirty five. Can

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Got a ticket by Camera...
Got a ticket by Camera in Dayton for 47 in a thirty five. Can they still legally issue camera tickets
Submitted: 3 years ago.Category: Traffic Law
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Answered in 16 minutes by:
5/26/2015
Traffic Lawyer: Ely, Attorney replied 3 years ago
Ely
Ely, Attorney
Category: Traffic Law
Satisfied Customers: 103,583
Experience: Private practice
Verified
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Yes, indeed they can. On March 22 and April 2, 2015, the Court upheld the photo enforcement program as legal in Dayton, Ohio.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
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Traffic Lawyer: Ely, Attorney replied 3 years ago
Hello,
You did not have to open a new question, so I closed that one as a duplicate and have simply reposted the follow up here:
My understanding is a Municipal Judge in Toledo over turned a state law requiring that a police officer be present when the traffic violation occurs. How does a Municipal Judge from one Municipality rule over Dayton municipality
See here. The Court essentially leaves the municipalities to handle this issue on a municipality by municipality basis (although the court mostly focuses on administrative proceedings).
As for directly answering your follow up:
A court order in one municipality is not binding on another municipality - it is simply influential. If it was the county court that did this, then any municipality under that county would be bound by the order. However, because this is a municipal order, it has no binding effect on another municipality.
So even if it is held illicit in some municipalities, Dayton still has said cameras because no municipal court in Dayton or Montgomery County has ruled this to be unlawful.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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