Woman seeks end to hearings

The lawyers say Girard is usurping the powers of the city's municipal court.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A Niles woman who received a citation in Girard after her vehicle was supposedly caught speeding on camera is asking an appellate court to stop all hearings involving the camera.
The motion for an alternate writ of prohibition was filed Monday in the 11th District Court of Appeals by Julie Sferra through her lawyers, Brian P. Kish and David J. Betras of Canfield.
The motion asks the court to prohibit Sferra's scheduled Nov. 9 hearing before a hearing officer in Girard, along with all other similar hearings involving the speeding program.
The appellate court has not set a hearing date on the motion.
Girard's stand
Girard has been using the camera to identify speeders since August. It sends citations to the vehicle owners. They pay the fine or ask for a hearing to show why they received the citation.
Jerry Lambert, Girard's safety-service director, said the speeding program was established by city council.
The hearing, Lambert explained, isn't designed to rule on a vehicle owner's guilt or innocence. Rather, he said, it seeks to determine if the owner was perhaps involved in an emergency when photographed. If so, the citation will be dismissed.
Only about 2 percent of those cited request hearings, Lambert said.
The owner requests a hearing, not the city, Lambert pointed out. The use of cameras to catch speeders has not been proved illegal in Ohio, he added.
In their motion, Sferra's lawyers argue that her hearing should be canceled.
They assert the city is exercising powers not authorized by Girard Municipal Court, which is the only court of record in the city.
Violations alleged
They contend the speeding program is not constitutional because it violates equal protection under the law, violates due process of the law, does not allow the accused to confront a witness because no police officer witnessed the offense, and that Girard Municipal Court's powers have been usurped by the city.
Lambert said the citations are civil issues and points are not issued against a vehicle owner's driver's license.
Lawyers for Sferra assert, however, that state law requires the issuance of points.
They maintain the city lacks any jurisdiction to operate the camera program.
yovich@vindy.com