I fought the law
Written by Michael Miller | Editor in Chief | mmiller@toledofreepress.comOn Oct. 28, a City of Toledo photo enforcement program camera clocked me driving 62 mph on the Anthony Wayne Trail. The posted speed limit on the Trail is 50 mph.
I knew the exact moment the camera flashed; as I was approaching a green light, a large Salvation Army truck rumbled up beside me and passed me. I admit I was traveling faster than 50 mph, but it seemed reasonable to me that the camera had been triggered by the truck, which beat me to the next traffic light by several lengths.
The “notice of liability” I received in the mail was accompanied by three sequential photos, two of which showed the truck passing me.
Now, if you catch me, you catch me, and I’ll pay up. In my 26 years of driving a car, I’ve received one speeding ticket that I remember. Let’s say I’m wrong and double that; a hypothetical two violations in 26 years isn’t perfect, but it’s not a habit or pattern, either.
I hate the idea of electronic eyes watching like unblinking sentinels, and because the camera showed the truck passing me, I had a legitimate question.
My appeal was Jan. 22, in the city council chambers in One Government Center. As I signed in, the security guard recognized me from the paper and wished me good luck with my appeal. He did not say so, but I received the impression he has not witnessed many people leaving the hearings with their arms raised in victory.
The hearings are now public, thanks to the legal efforts of the Coalition Opposed to Additional Spending and Taxes (COAST). At the hearing was a police officer referred to as “Sergeant,” a clerk keeping track of the hearings and a hearing examiner.
The man in front of me was making the case that his car slid through an intersection on icy roads that had not been plowed or salted, setting off the photo enforcement camera. The hearing examiner said, “Let’s watch the video,” which surprised me. I did not know the cameras were taking and storing video. I thought the video would help me make my case when my turn came, but the astute headline reader has probably figured out how my story ends.
The officer, clerk, examiner and driver watched the video, and the examiner, said, “Yes, you were clearly trying to stop.”
The officer then said, “The city will maintain you were driving too fast for the conditions.”
And that was that. End of appeal.
My turn.
The hearing panel was civil and professional as I asked about the camera’s ability to distinguish my vehicle from the truck passing me. The officer and examiner were tremendously confident that the cameras made the distinction, but the hearing examiner invited me up to watch the video, to determine if I was keeping pace with the even faster truck.
The video, shown in one medium-size box on a laptop computer, lasted about three seconds. First, there are no cars in the frame. Then, two vehicles pass through the scene. Three seconds of actual time tracking the vehicles might be generous. The examiner watched the video, then said, “You were clearly keeping pace.”
“Was I?” I asked. “I’m not sure you can tell anything from that.”
The clerk laughed and made a light-hearted joke that I was maintaining the footage “doesn’t go that deep.”
She made the joke twice, actually.
“How can you tell anything from that? I asked.
The examiner adjusted his smudged glasses and said, “I have a lot of experience squinting at these videos. This hearing sides with the city. The sergeant will tell you how to pay your fine.”
And that was that. End of appeal.
Then, the examiner casually said “The cameras are set to go off at 12 mph over the speed limit. If you had been going 1 mph slower, you wouldn’t have set it off.”
So, I am to believe the camera can distinguish 1 mph between two vehicles four feet apart at 60 mph. No calibration issues, no technology issues, no margin for error?
Chris Finney, a board member of COAST, told me that my experience was typical.
“It’s not about due process, it’s about generating revenue for the city,” he said. “It’s not about safety; it’s about forfeiting 400 years of civil rights law for $120.”
I checked with Maj. William Greenaway of the local Salvation Army, and he said one of their drivers did receive a ticket and pay the fine for the Oct. 28 “violation.”
I have not yet paid my fine. Finney urged me not to, saying, “You don’t have to pay these tickets. It’s a fraudulent scam. They do not have any judgment against you, no judge has ruled against you. They would have to take you to court and prove their case all over again, and there is no record they have done or are willing to do that.
“They have no authority to get liens on you, touch your bank account, impact your license tags, garnish your wages or in any other way enforce the fine. It’s a kangaroo court, and I hope you don’t pay it.”
I have a few weeks to think about it.
As I left the hearing, I waved at the security guard, shaking my head that the results did not go my way. He did not seem surprised.
He’s seen it before, many times.
Learn more about the efforts to dismantle the red light camera “photo enforcement program” at
Michael S. Miller is editor in chief of Toledo Free Press. Contact him at mmiller@toledofreepress.com.
You were caught speeding. Pay the ticket. Was it really worth your time to go down there and attempt to weasle out of a ticket just because you weren’t the only car speeding that day?
Well, at least you got an article out of it.
This comment was posted on January 30th, 2009 at 1:14 amSomething to consider beyond the “weaseling” out of a ticket logic.
As with any issue with our civil liberties, where does this begin and end? Our forefathers were much more in tune with the fragility of freedom than we could ever be today because they lived, breathed, escaped and then fought oppression. That’s why they spent so much time and blood on getting the Constitution – which we enjoy without much thought to this day – right.
This is not about “weaseling” out of a ticket. I’m pretty sure Mr. Miller can afford the fine. It’s a question of guarding over a Constitution that men and women were willing to die to get right and continue to die for. It’s just a piece of paper if we don’t question any and all actions by those we empower to create and tweak laws.
It’s not a question of being for or against these cameras that we need to take issue with, it’s people who see the debate over them as trivial. Thomas Jefferson is surely turning over in his grave with logic like that.
This comment was posted on January 30th, 2009 at 12:19 pmI understand your position on this, however I stand behind this, laws are meant to be respected and followed. If he weren’t speeding there would be no ticket in contention to complain about.
This comment was posted on January 31st, 2009 at 6:27 pmMike, if you are right you should fight if you were speeding you should pay. I too am not a fan of the speed cameras but I solidly support the red light cameras. At a main intersection that I cross several times a day red light running, which was rampant before the cameras, has been marketly reduced and to my observation so have accidents. As many say: If you don’t intend to run red lights where is the problem. It is also a rediculous assertion of some that a police officer needs to witness the incident. Our police have their hands full with other tasks.
This comment was posted on February 1st, 2009 at 5:22 pmMy brother in law got nailed by the redlight camera at Antony Wayne Trail and South. He was turning right onto South. He came to a complete stop and checked for traffic before turning right onto South and a few weeks later he recieved a ticket for it even though there was no ‘No turn on Red’ sign posted. He ended up having to pay the fine as well even after explaining he was turning right and he came to a complete stop.
This comment was posted on February 2nd, 2009 at 12:04 pmGreat look at what a crock the appeal process is!
Love the spot on quote from Chris Finney:
“It’s not about due process, it’s about generating revenue for the city,”
This comment was posted on February 3rd, 2009 at 2:59 pmI could start out about what kind of example are you setting for your children, it’s OK to brreak the law. But I will just leave it at you broke the law, shut up and pay up.
This comment was posted on February 4th, 2009 at 10:54 pmMy daughter got a speeding ticket in my car (from the camera van) in front of Whitmer 25 minutes before school let out. She was visiting her old teacher. Because she came out of the parking lot driveway she could only see the back of both signs and could not tell they were on. Checking TMC and it allows for school zones “while children are coming and going from school” First sentence in the law. Another law says that if the signs are not properly placed “so that an ordinary and observent person can see them then it can not be enforced” I showed this to the hearing officer and he said judment for the city and pay the fine. The lights actually come on 45 minutes befor school lets out when there is not a child in sight. The first person at the hearing told the same story about coming out of Whitmer drive and not being able to see the signs and the hearing officer said he would take it under advisment and he would get an answer in the mail. I told the same story but with pictures and I’m guilty. I guess when you write the laws and enforce the laws you can interpet them any way you want! .
This comment was posted on February 5th, 2009 at 11:18 pmThe appeal process has had the unintended consequence of introducing a largely law conforming segment of the local population
This comment was posted on February 7th, 2009 at 8:36 aminto the concept of “innocent until proven guilty.” This erroneous belief about our juris system has shattered the vestige of those not aware that justice is simply a revenue producing medium for a privileged few.
I decided not to pay my ticket. I now have a 100 dollar collection on my credit report.
This comment was posted on February 7th, 2009 at 10:47 pmAs for these light cameras I believe they should be outlawed. But it’s not as if anyone in Toledo got a chance to vote them in anyway. Put it on the ballot and let the people of Toledo make that decision.
Sorry I’m late. I am totally opposed to a big brother society and these cameras are the start. They are nothing more than revenue generators that aren’t working up to expectations. (Blade article several months ago – 9 city employees terminated because camera revenues below expectations). Another problem – notification is 10 days after the fact. I have trouble remembering what I had for dinner the night before last much less who was driving my car and how fast they were going 10 days ago and even if I did I wouldn’t squeal.
This comment was posted on March 11th, 2009 at 6:46 amHate the red light cameras. The city government put these in without the peoples permission. Voting you all out until the red lights are gone. Just got a ticket for supposedly going 61 in a 50. If the cameras are triggered by going 12 miles an hour over the speed limit, then why did it trigger at 11 miles an hour over? This is just another example of our freedoms being taken away. This is a way of putting chains on us. Remember, live free or die. Put the human element back in our lives before it is too late. I am now one step closer to selling my house in Toledo and moving out of the city. Cut the fat out of government and you don’t need the red light cameras. Don’t try to sell me that safety line. Wake up America!
This comment was posted on March 28th, 2009 at 5:44 pmAnd one more thing. If it is about safety, then install these cameras on my street where 1 to 20 kids play next to the street almost everyday. People go way over the 25 mph speed limit. We have complained about the speeding and the answer from the police is, we don’t have time to sit around and issue speeding tickets. Three or more kids have been seriously injured by speeding cars on my steet in the 10 years that I have lived here. Due to speeding, two cars got in an accident yesterday on my street.
This comment was posted on March 28th, 2009 at 6:00 pmMichael,
This comment was posted on August 26th, 2009 at 5:25 pmWhat’s the update on this? Did you have to eventually pay in some way? I just got a ticket in the mail today for the speed trap on Glendale at Detroit. The speed on Glendale is 40mph the entire road except for that small stretch between The Trail and Detroit that is 35mph. It even goes back up to 40MPH RIGHT after the Detroit intersection. Pretty annoying…..
After my column on this, I was told that in a meeting in the mayor’s office, I was going to be made an example of. My wife’s credit and info is tied to mine, so I folded and paid the ticket. Not my toughest moment.
This comment was posted on August 28th, 2009 at 10:38 amI just opened my mail to find a photo of my car supposedly speeding through the intersection of Talmadge and Sylvania Ave., 2WEEKS AGO. I consider this extortion. I drive through that intersection at least twice each day, and I do not speed! There is not another car in any picture by which I, nor anyone else, can gauge my vehicle’s speed, so their “evidence” will be the only thing considered as to my guilt. Do I trust them? No. Since I don’t remember 6:25 pm, two weeks ago, I cannot establish a truthful defense. I, as we all, will simply pay the 120.00 our bankrupt city has decided this picture to be worth. That is… unless anyone has any ideas. Mr. Miller, I am sorry you caved under the city’s extortionist threats.
This comment was posted on February 2nd, 2010 at 4:49 pmIT IS TIME TO PUT AN END TO THE MADNESS OF THIS ATTEMPT TO MAKE CRIMINALS OUT OF OTHERWISE LAW ABIDING CITIZENS. FOR EVERY ONE OF YOU THAT GIVE IN TO THE FACSISTS THAT APPROVED THESE UNCONSTITUTIONAL TRAFFIC CAMERAS, WHAT ARE YOU THINKING? IS IT NOT ENOUGH THAT THESE PIGS HAVE THE GALL TO EXTRACT TAXES FROM THOSE OF US WHO HAVE NO BENEFITS, INSURANCE OR RETIREMENT SO THAT THEY CAN HAVE ALL THAT AND MORE. DOESN’T IT BOTHER YOU THAT MANY GOVERNMENT OFFICIALS AND EMPLOYEES CAN DOUBLE DIP AND STILL TAKE YOUR MONEY AND MAKE YOU PAY FOR THINGS YOU CANNOT AFFORD? WHAT WILL IT TAKE FOR THE CITIZENS OF THIS STUPID TOWN TO WAKE UP? FOOLS… EVERY DAMN ONE OF YOU!!!
This comment was posted on March 10th, 2010 at 7:14 pm