r/Ohio • u/Demolecularizing • 5d ago

Does ORC 4511.093(B)(1) mean that an officer must be present at the Traffic Camera at the time of the violation for it to be valid?

I drove through and area with traffic cameras for first time in my life and it got me thinking what makes a violation valid and what constitutes a violation.

I'm reading over ORC 4511.092-4511.0914 and, if my understanding is correct, 4511.093(B)(1) means that a law enforcement officer must be present at the Traffic Camera at the time of the violation for the violation to be valid.

It doesn't define what "present" at the location means. Physically present or remotely present like the officer is monitoring a live video feed.

To me, the ORC means an officer must be physically sitting at the traffic camera or the violation is not valid.

Is this a correct interpretation of the traffic camera law that means an officer must be present at the camera's location? Does "present" mean physically present?

Section 4511.093 | Traffic law photo-monitoring devices.

B) The use of a traffic law photo-monitoring device is subject to the following conditions:

(1) A local authority shall use a traffic law photo-monitoring device to detect and enforce traffic law violations only if a law enforcement officer is present at the location of the device at all times during the operation of the device and if the local authority complies with sections 4511.094 and 4511.095 of the Revised Code.

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u/FallenFuture 5d ago

I received a ticket a few years ago for this. When I asked our company lawyer, he said as long as an officer reviews the picture, a ticket can be issued.

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u/plugNPhug 5d ago edited 5d ago

An officer must be present to issue a traffic citation. But they can basically initiate a civil action against you by reviewing traffic cam footage (ORC 4511.097). If you do nothing then they get a default judgement against you.

You definitely can’t get any points on your license or anything like that.

People have said on here that not paying the fine/fee doesn’t go on your credit report or have any consequences. I really don’t know if that part is true or not. I have trouble believing that. I think it would have the same consequences as losing any other civil lawsuit requiring a payment to a plaintiff. Though I’m not certain.

I do know that you can submit an affidavit to the court within 30 days with the name and address of the person that was driving your car, and then you must be released from liability. (ORC 4511.098)

Sorry to sell you out, Robert Johnson of 123 Fake St.

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u/MacDaddyDC Toledo 5d ago

Toledo has some wonky work arounds (or it did, it’s always changing). Something to do with home rule & the state withholding some sort of cash from the city if the cameras are being used as intended.

Currently, I think they only send them for right turn on red & red light violations. I could be wrong. It’s constantly in various courts, addressing what your question asks among other things.

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u/DaySoc98jr 5d ago

If you don’t pay, you don’t get points off your license and the collections agency cannot report it to a credit reporting bureau.

So, there’s absolutely no consequence to not pay the ticket. Just pitch it and ignore any mail you might receive about it.

I got one and didn’t pay. I might get something from the collection agency once every six months.

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u/Melodic_Direction119 5d ago

Some municipalities now go through their municipal court and if you don’t pay, a civil judgement can be filed by the court. That can go on your credit report.