Minutes 05-08-14 MINUTES OF THE RED LIGHT CAMERA VIOLATION HEARINGS HELD
IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON EACH BLVD.,
BOYNTON BEACH, FLORIDA ON THURSDAY, MAY 8, 2014, AT 9:00 A.M.
PRESENT:
James Stokes, Special Magistrate
Shana Bridgeman, Assistant City Attorney
Officer Anthony Petriello, Boynton Beach Police Department
Officer Anthony Verrigni, Boynton Beach Police Department
I. Call to Order
Mr. Stokes called the meeting to order at 9:09 a.m. and explained he is the Special
Magistrate, appointed in accordance with State Statute. He does not work for the City
and was a neutral party to adjudicate the Red Light Camera violations. He serves
throughout the State as a neutral Circuit Court Arbitrator, Federal Arbitrator, Mediator
and Special Magistrate for various locations. Petitioners would be called based on their
arrival time.
111. Approval of Minutes — April 24, 2014
Mr. Stokes approved the minutes.
Ill. Amendments to the Agenda
None.
IV. Swearing in Witnesses
The Clerk administered an oath to all those intending to testify.
V. Violation Hearings: Failure to comply with a steady red signal
Jody Ann Coltogirone Notice No. 1851400042763
Officer Petriello stated on March 29, 2014, at 4:53 p.m. a vehicle registered to the
Petitioner was crossing the intersection at East Boynton Beach Boulevard and Seacrest
Boulevard. Officer Petriello reviewed the electronic evidence and photographs and
issued a Notice of Violation on April 4, 2014. Ms. Coltogirone and Mr. Stokes viewed
the video.
Ms. Coltogirone commented she would not intentionally run a red light.
Hearing Minutes
Red Light Camera Violations
Boynton Beach, FL May 8, 2014
Decision
After considering the evidence and testimony presented, Mr. Stokes found a violation
occurred and assessed a fine of $208 payable within 30 days.
Christopher Mark Gado Notice No. 185140007526
Officer Petriello stated on February 5, 2014, at 1:03 p.m., a vehicle registered to the
Petitioner was at the intersection at Boynton Beach Boulevard and North Congress
Avenue. Officer Petriello reviewed the electronic photographs only and issued a Notice
of Violation on February 11, 2014. Mr. Stokes and Mr. Gado reviewed the photographs.
Mr. Gado read about recent rulings in Tampa and Broward County about the
constitutionality of the camera and inquired if someone from the camera company could
verify the camera was functional and can validate the authenticity of the photograph.
Mr. Gado objected to the evidence since no one was present to validate it. Mr. Gado
also commented there was no proof he was driving the vehicle.
Mr. Stokes explained the Statute does not require proof of who was driving. The
Statute was crafted to find the owner of the vehicle responsible for the violation. The
vehicle violated the traffic laws. If someone else was driving, there was an opportunity
to provide an affidavit to that effect.
The City has to prove the vehicle violated the Red Light Statute. Mr. Gado felt the
camera was inaccurate and no one was available to prove the camera was functional
and operating correctly. He questioned if it was constitutional.
Mr. Stokes advised Mr. Gado could challenge the matter in circuit court. There was no
video available, only the still photograph.
Decision
Mr. Stokes did not doubt the technology or the violation, but based on there being no
video, he dismissed the case.
James Steven Fleischer Notice No. 18514000287366
Officer Petriello stated on February 28, 2014, at 9:20 a.m., a vehicle registered to the
Petitioner was crossing the intersection at Boynton Beach Boulevard and Seacrest
Boulevard. Officer Petriello reviewed the electronic evidence and photographs and
issued a Notice of Violation on March 4, 2014. Messrs. Stokes and Fleischer viewed
the video.
2
Hearing Minutes
Red Light Camera Violations
Boynton Beach, FL May 8, 2014
Mr. Fleisher commented he is a new Florida Driver, having moved from Michigan. He
inquired about left hand turn signals as Florida has an arrow and solid light for certain
lanes.
Mr. Stokes reviewed the traffic regulations. Mr. Fleischer remarked he went to the
Department of Motor Vehicles to obtain information on Florida's regulations. Mr. Stokes
suggested he obtain the information online.
Decision
Mr. Stokes found a violation occurred and assessed a fine of $243.
Jason P. Marino Notice No. 1851400020173
Officer Petriello stated on February 11, 2014, at 11:52 p.m., a vehicle registered to the
Petitioner was crossing the intersection at South Federal Highway and SE 23 Avenue.
Officer Petriello reviewed the electronic evidence and photographs and issued a Notice
of Violation on February 18, 2014. Messrs. Stokes and Marino viewed the video.
Mr. Marino explained he was racing to his girlfriend's home because someone followed
her into her apartment complex. He felt there were special circumstances. Mr. Stokes
expressed the police should have been called, but appreciated Mr. Marino's concern.
Decision
After considering the evidence and testimony presented, Mr. Stokes found a violation
occurred and assessed a fine of $243.
Shirley Elaine Sladko Notice No. 1851400040676
Officer Petriello stated on March 24, 2014, at 9:41 a.m., a vehicle registered to the
Petitioner was crossing the intersection at West Boynton Beach Boulevard and North
Congress Avenue. Officer Petriello reviewed the electronic evidence and photographs
and issued a Notice of Violation on April 3, 2014. Mr. Stokes and Ms. Sladko viewed
the video.
Ms. Sladko stated someone else was driving the vehicle as she was in a nursing home
for a hip replacement. Mr. Stokes explained she was responsible for the vehicle.
Decision
After considering the evidence and testimony presented, Mr. Stokes found a violation
occurred and assessed a fine of $208 payable within 30 days.
3
Hearing Minutes
Red Light Camera Violations
Boynton Beach, FL May 8, 2014
liana Estime Notice No. 1851400037110
Officer Petriello stated on March 17, 2014, at 10:54 a.m., a vehicle registered to the
Petitioner was crossing the intersection at South Federal Highway and SE 23 Avenue.
Officer Petriello reviewed the electronic evidence and photographs and issued a Notice
of Violation on March 21, 2014. Mr. Stokes and Ms. Estime viewed the video.
Ms. Estime remarked she was on her way to work, the light was yellow and there was
no traffic. She also did not trust the cameras.
Decision
Mr. Stokes found a violation occurred and assessed a fine of $208 payable within 30
days.
George Theodoropoulos Notice No. 1851400034364
Officer Petriello stated on March 11, 2014, at 6:49 p.m., a vehicle registered to the
Petitioner was crossing the intersection at South Federal Highway and SE 23 Avenue.
Officer Petriello reviewed the electronic evidence and photographs and issued a Notice
of Violation on March 17, 2014.
Mr. Theodoropoulos was not present. Mr. Stokes viewed the video.
Decision
Based on the evidence, it was clear the vehicle went through the intersection on a red
light. He assessed a fine of $243 payable within 30 days, and would notify the
Petitioner by mail.
6. Other Business
None.
7. City requests and reports
None.
8. Local hearing officer requests and reports
None.
4
Hearing Minutes
Red Light Camera Violations
Boynton Beach, FL May 8, 2014
9. Adjournment
There being no further business to discuss, Mr. Stokes adjourned the meeting at 9:43
a.m.
L q
aOalo--
��
Catherine Cherry
Minutes Specialist
052014
5