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Minutes 06-12-14 MINUTES OF THE RED LIGHT CAMERA VIOLATION HEARINGS HELD I COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA, ON THURSDAY, JUNE 12, 2014, AT 9:00 A.M. James D. Stokes, Special Magistrate Gwen Mills, Clerk Shana Bridgeman, Assistant City Attorney Officer Anthony Petriello, CSO Officer Anthony Verrigni, CSO Officer Daniel Griswold, Traffic Unit 1. Call to order by local hearing officer, JAMES D. STOKES Mr. Stokes called the hearing to order at 9:21 a.m. Mr. Stokes explained he was the Special Magistrate and He presented his credentials. He was appointed by the City of Boynton Beach as a neutral party to adjudicate these cases. He will review the facts presented by the City and the petitioner. The Statute provides that if the Petitioner proceeds with the hearing and testimony is taken and is found guilty, the initial fine plus an administrative fee of $243 would be imposed. If the Petitioner pleads guilty and does not testify, the fine is $208. 2. Approval of Minutes — May 8, 2014 This item was not addressed. 3. Amendments to the Agenda None. 4. Swear in witnesses The Clerk administered an oath to all those intending to testify. 5. Violation Hearings: Failure to comply with a steady red signal A. Jodi Patrice Neering 1851400027665 Officer Petriello indicated on February 26, 2014, at 5:35 p.m., a vehicle registered to the Petitioner was at the intersection of Boynton Beach Boulevard and Seacrest Boulevard. After review of the electronic evidence, a Notice of Violation was issued on March 4, 2014. The amber time was four seconds and the red light time was 1.1 seconds. Mr. Stokes and Ms. Neering viewed the video. Ms. Neering remarked she was running late. She appeared at the hearing because she was told it was unconstitutional and she did not have the money to pay the fine. Mr. Stokes explained the law allows him to adjudicate these cases and the individuals who challenge the hearings, do so in court. Mr. Stokes advised he cannot rule on the constitutionality of the hearings. He thought given the video, she might change her plea to guilty and save money. Ms. Neering did not move forward with the hearing. Hearing Minutes Red Light Camera Violations Boynton Beach, Florida June 12, 2014 Decision Mr. Stokes found the Petitioner guilty and assessed $208 payable within 30 days. He clarified there were no points on her driving record. If she could not pay the fine in 30 days, she should talk to someone about it. B Brian J. Montgomery 1851400031014 Officer Petriello explained on March 5, 2014, at 3:16 p.m., a vehicle registered to the Petitioner was at the intersection of Federal Highway and SE 23 Avenue. After review of the photographs and electronic evidence, a Notice of Violation was issued on March 11, 2014. Mr. Montgomery and Mr. Stokes viewed the video and photographs. Mr. Montgomery indicated the light was getting ready to turn red and he did not think it would turn red so quickly. Mr. Stokes pointed out the amber light was four seconds which was longer than the Statute required. It was clear in the video there was plenty of warning and he ran the light. The City had actually lengthened the time of the amber light. Decision Mr. Stokes found Mr. Montgomery guilty and assessed a fine of $243 payable within 30 days. C Mark Daniel Blumberg 1851400032061 Officer Petriello reviewed on March 7, 2014, at 7:21 p.m., a vehicle registered to the Petitioner was at the intersection of Federal Highway and SE 23d Avenue. After review of the electronic evidence, a Notice of Violation was issued on March 12, 2014. Mr. Stokes and Mr. Blumberg viewed the video. The amber time was four seconds and the red light time was .2 seconds. Mr. Blumberg explained for safety reasons it was almost impossible to slam on his brakes. Mr. Stokes understood, but pointed out the yellow light was a four-second light which was longer than the Statute required. There was time to stop. Mr. Blumberg indicated he was inside the box. Mr. Stokes explained the law mandates, if there is a limit line which existed at the intersection, the driver must stop behind the limit line. If no limit line, the driver must stop behind the crosswalk. Decision Mr. Stokes commented while it was close, Mr. Blumberg ran the red light and assessed a fine of $243 payable within 30 days. Mr. Blumberg requested 60 days and Mr. Stokes explained the Statute only allowed 30 days. If he could not pay it then he should speak with the clerk. 2 Hearing Minutes Red Light Camera Violations B oynton Beach, Florida June 12, 2014 D Eulalla Paredes 1851400058330 Officer Petriello stated on May 1, 2014, at 12:45 a.m., a vehicle registered to the Petitioner was at the intersection of Boynton Beach Boulevard and Seacrest Boulevard. After a review of the photographs and electronic evidence, a Notice of Violation was issued on May 12, 2014. Ms. Paredes, her son Aldo Paredes, and Mr. Stokes reviewed the video. There was a four - second amber light. Mr. Paredes was present on behalf of Eulalia Paredes, who does not speak good English. It was asserted she has always been a careful driver. They have lived in Boynton Beach over 20 years. She saw the green arrow and moved forward and made her left turn. This was a typical route for her. As she turned, the light started to turn yellow and she was following the truck in front of her. There was a vehicle behind her as well. Mr. Paredes advised she has a safe driving record. Decision Based on the electronic evidence, Mr. Stokes found her guilty and assessed a fine of $243 payable within 30 days. E Kenea Brittle 1851400045501 Officer Verrigni indicated on April 14, 2014, at 5:45 p.m., a vehicle registered to the Petitioner was at the intersection of Woolbright Road and SW 8 Street. After a review of the electronic evidence, a Notice of Violation was issued on April 14, 2014. The red light time was .5 seconds. The Petitioner was not present. Decision Mr. Stokes viewed the video and based on the evidence, found the owner guilty and assessed a fine of $243 payable within 30 days. F Elie Macius 1851400049214 Officer Petriello stated on April 11, 2014, at 8:06 p.m., a vehicle registered to the Petitioner was at the intersection of Federal Highway and SE 23rd Avenue. After a review of the electronic evidence, a Notice of Violation was issued on April 21, 2014. Mr. Stokes and Mr. Macius viewed the video. The amber time was four seconds. Mr. Macius pled guilty. Decision Mr. Stokes assessed a fine of $208 payable within 30 days. G Victor Jones 1851400053778 Officer Verrigni reviewed on April 22, 2014, at 7:33 a.m., a vehicle registered to the Petitioner was at the intersection of NW 8 Street and West Boynton Beach Boulevard. 3 Hearing Minutes Red Light Camera Violations B oynton Beach, Florida June 12, 2014 After a review of the electronic evidence, a Notice of Violation was issued May 1, 2014. The red time was .5 seconds. Mr. Stokes and Mr. Jones viewed the video. Officer Verrigni also noted he changed lanes in the intersection. Victor Jones commented he was guilty. Decision Mr. Stokes found Mr. Jones guilty and assessed a fine of $208 payable within 30 days. H Gary Maresca 1851400055112 Officer Petriello explained on April 11, 2014, at 8:06 p.m., a vehicle registered to the Petitioner was on Federal Highway and SE 23 Avenue. After review of the electronic evidence, a Notice of Violation was issued on May 1, 2014. Mr. Stokes and Mr. Maresca viewed the video. Mr. Maresca explained the vehicle was not his car. The make of the vehicle in the video was a Mercedes and the registration showed it was a Cadillac. Mr. Maresca explained last year, the plate was removed and replaced. He had a copy of the paperwork when he received the replacement tag from the Department of Motor Vehicles (DMV) in 2013. He was unaware it was stolen and had not filed a police report. He had never owned a Mercedes. When he received the citation, he filed the police report Mr. Maresca testified he notified DMV after his car was serviced, the plate was stolen when he received the replacement plate. They advised he would receive free replacement if he had a police report. He did not know what happened to the plate so he paid for a new plate. When he received the citation, he went to the Boynton Beach Police Department and filed a report. After discussion with Officer Petriello and Shana Bridgeman, Assistant City Attorney, it was recommended the case be dismissed. Decision Mr. Stokes dismissed the case. I UPS Ground Freight Inc. 1851400034687 Officer Petriello stated on March 12, 2014, at 3:23 p.m., a vehicle registered to the Petitioner was travelling northbound and was crossing an intersection at South Federal Highway and SE 23 Avenue. After review of the electronic evidence, a Notice of Violation was issued on March 18, 2014. The red light time was .9 seconds. The Petitioner was not present. Decision Based on the video evidence and testimony, Mr. Stokes found the Petitioner guilty and assessed a fine of $243 payable within 30 days. 4 Hearing Minutes Red Light Camera Violations B oynton Beach Florida June 12, 2 J Carolyn Anne -Marie Redford 1851400035775 Officer Verrigni indicated on March 14, 2014, at 4:40 p.m., a vehicle registered to the Petitioner was crossing the intersection at South Federal Highway and SE 23 Avenue. After a review of the electronic evidence, a Notice of Violation was issued on March 19, 2014. The red light time was .2 seconds. Mr. Stokes reviewed the video. The Petitioner was not present. Decision Based on the video evidence and testimony, Mr. Stokes found a violation occurred and assessed a fine of $243 payable within 30 days. K Jeremy John Grant Tyler 1851400036997 Officer Verrigni reviewed on March 17, 2014 at 11:25 a.m. a vehicle registered to the Petitioner was crossing the intersection of Boynton Beach Boulevard and Seacrest Boulevard. After a review of the electronic evidence, a Notice of Violation was issued on March 20, 2014. The red light time was 1.3 seconds. Mr. Stokes viewed the video. The Petitioner was not present. Decisions Based on video evidence and testimony and the vehicle owner not present, Mr. Stokes found the Petitioner guilty and assessed a fine of $243 payable in 30 days. L Rachael Heather Dunn 1851400041427 Officer Petriello stated on March 26, 2014, at 1:41 a.m., a vehicle registered to the Petitioner was crossing the intersection. Attorney Chris Haddad, for the Petitioner Rachael H. Dunn objected to the hearsay statement as to how the vehicle was registered. Mr. Stokes explained the documents in the file he had contained the registration information and the Petitioners name. The Petitioner was travelling southbound on North Congress Avenue at Gateway Boulevard. After a review of the electronic evidence, a Notice of Violation was issued on April 3, 2014. The red light time was 274.5 seconds. There was an amber time of 5 seconds before that. Mr. Stokes and Attorney Haddad viewed the video. Attorney Haddad explained his prime objection was there was no witness to indicate who was driving the vehicle, and the essence of the hearsay testimony of the Officer as to how the vehicle was registered, was insufficient evidence to establish culpability. Mr. Stokes explained under the structure of the Statute, the vehicle was being charged and not the driver. The vehicle owner is charged unless they can point to another driver. Decision 5 Hearing Minutes Red Light Camera Violations Boynton Beach, Florida June 12, 2014 Based on the video and there was no attempt to stop, Mr. Stokes found the vehicle guilty and assessed the fine payable within 30 days. Mr. Stokes commented the record would be available if he chooses to proceed. Marylin Ashley 1851400057134 Officer Petriello stated on April 29, 2014, at 9:58 a.m., a vehicle re ?istered to the Petitioner was at the intersection of West Woolbright Road and SW 8 Street. After review of the electronic evidence, a Notice of Violation was issued on May 5, 2014. Ms. Ashley and Mr. Stokes reviewed the video. The amber time was 4.5 seconds. Mr. Stokes noted this was the longest amber time than any other amber time. Ms. Ashley pled guilty. Decision Mr. Stokes found Ms. Ashley guilty and assessed a fine of $203 payable within 30 days. 6. Other business None. 7. City requests and reports None. 8. Local hearing officer requests and reports None. 9. Adjournment Mr. Stokes adjourned the meeting at 10:21 a.m. 0 6U"" Catherine Cherry Minutes Specialist 069214 6