5 caught speeding criticize process

Those contesting the $85 citations included an attorney and a police officer.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- The speed camera said they did it, but five people tried to convince a hearing officer that the ticketing process for speeding here was unfair or that they deserved a break.
Those contesting the tickets Wednesday varied -- from a local attorney to an area police officer to a college student with a young child. Most objected to the use of the camera and others offered explanations for speeding. All wanted the fine to be reduced or suspended.
The accused pleaded their cases before hearing officer Robert Chicone, who decides if a person is innocent or guilty then gives the individual a certain amount of time to pay the fine.
Chicone has photos taken of the individual's car, when the violation occurred and a readout, including the speed of the car and time and date, from the camera unit.
Allen Shutt, a representative of Traffipax of Columbia, Md., the company responsible for maintaining the camera, also was on hand to answer questions.
All five people contesting citations were accused of driving at least 15 mph over the posted speed limit.
Their arguments
Atty. Jeff Adler of Hubbard, one of the accused, said the entire system of using the camera has some due process flaws. He told the hearing officer and Traffipax representative that he would have liked the chance to question the officer who issued the ticket.
"I don't really like to call them tickets; they are bills from the city of Girard," he said. "This is a government agency trying to take your money without due process."
Adler asked a barrage of questions about the camera's ability to single out a speeder in a crowd, how the readings are recorded and the camera's accuracy.
Shutt assured Adler the camera does not make mistakes and that "there is no chance that this is incorrect."
Adler was then found guilty by Chicone and given 10 days to pay the $85 fine.
Adler said he will appeal the decision, if he can figure out where to appeal. Chicone and Shutt were unable to say where appeals should be taken.
Liberty police Capt. Richard Tisone was scheduled to appear for a hearing, but Chicone said he spoke with Tisone before the hearings started, and Tisone expressed concern about the entire camera process.
Chicone said Tisone told officials he would be taking the issue to a higher level. Tisone was found guilty and is expected to pay the $85 fine.
Less straightforward issue
One issue raised several times during the hearings was that of individuals issued tickets for cars that were being driven by someone else. Tim Harrigan of Girard said his wife was issued a citation for a car that only he or a nephew drives, and Mike Vivo of Youngstown said his employer was issued a citation for a company car that he drives.
Both Harrigan and Vivo argued that use of the camera system was unfair. Both men were found guilty and given time to pay the $85 fine. Vivo said he will continue to fight the citation.
Chicone told each person that citations are always issued to the registered owner of the vehicle.
The only person to admit speeding to the hearing officer may fare best.
Jada Hines, 21, of New Castle, Pa., who contested a ticket issued to her mother for a car she was driving, told Chicone she was working at an internship in Girard and received a call from a day-care service at Youngstown State University telling her that something was wrong with her 5-month-old son.
Hines explained that she, as a new mother, may have been speeding, but she was concerned about the welfare of the child.
Chicone said he will look into Hines' explanation and make a ruling at a later date.
The citations are handled as civil matters, and no points are added to an individual's driving record if found guilty.
jgoodwin@vindy.com