Loading...
Minutes 08-14-14 MINUTES F THE RED LIGHT CAMERA VIOLATION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA THURSDAY, A UGUST 1, 2 AT 9 A.M. PRESENT: James Stokes, Special Magistrate Sgt Richard McNevin Officer Anthony Petriello, Boynton Beach Police Department Officer Anthony Verrigni, Boynton Beach Police Department 1. Call to order by local hearing Officer, James Stokes Mr. Stokes opened the meeting at 9:03 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 and serves throughout the State as an Arbitrator, Mediator and Special Magistrate for various locations. Petitioners were present to challenge the citation. The City would present their case first and he explained the procedures to be followed. After review of the video, if the petitioner did not want to move forward they should let him know because there was a hearing cost involved. If the hearing did not move forward, the hearing charge was not imposed. 2. Approval of Minutes June 12, 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 . Arnold Rodman Smerilson 1851400061078 Anthony Petriello, Boynton Beach Community Service Officer, advised on May 7, 2014, at 6:52 p.m., a vehicle registered to the Petitioner was crossing the intersection of South Federal Highway and SE 23r Ave. After review of the electronic evidence, a Notice of Violation was issued on May 15, 2014. The red light time was 1.6 seconds. Messrs. Stokes and Smerilson viewed the video. Mr. Smerilson explained his wife was driving the vehicle. He had been reading the City extended the amber light time. Mr. Stokes explained the City did lengthen the amber time and there was the full four - second warning; however, the video showed the vehicle was not near the stop bar when the light was already red. MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FLORIDA AUGUST 14, 2014 Decision Based on the evidence presented, Mr. Stokes found a violation occurred and assessed a fine of $243. P. Cale R. Crear 1851400061771 Luis Bonilla, Esq., on behalf of Cale Cregar, was present Office Petriello explained on May 9, 2014, at 1:52 p.m., a vehicle registered to the Petitioner was crossing the intersection at Boynton Beach Boulevard and Congress Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on May 15, 2014. The red light time was 2.1 seconds. Messrs. Stokes and Bonilla viewed the video. Attorney Bonilla objected and moved to dismiss for lack of foundation as the vehicle was a white vehicle and the video showed a blue vehicle. Officer Petriello pointed out the Notice of Violation was for a white vehicle. Mr. Stokes overruled the objection as the documents were correct. The vehicle was travelling at 31 mph when making the left turn and had an amber time of 5 seconds. The red light time was 2.1 seconds. Attorney Bonilla objected and moved to dismiss for the lack of foundation, lack of personal knowledge, and lack of admitting any business records. Mr. Stokes noted the objection and overruled it based on statute. He noted how the Legislature structured the law and advised he was present to adjudicate guilt or innocence. The objection will be on record, and he explained he could challenge the statute in circuit court. Mr. Stokes could not rule on the legality. Attorney Bonilla also objected on lack of identification. The driver could not be seen. He inquired how the State proves who was driving. Mr. Stokes overruled the objection and explained the vehicle was the violator and the registered owner was responsible. Decision Based on the evidence, Mr. Stokes found a violation occurred and the fine was $243. The Order specified payment would be within 30 days. If more time was needed, the Petitioner should notify the City for an extension. V. Stephen James Reso 1851400075771 Officer Petriello stated on June 9, 2014, 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 June 13, 2014. Messrs. Reso and Stokes viewed the video. The amber time was 4 seconds and the red light time was .3 seconds. Mr. Reso explained he received three tickets at this light over the last six months and he would not intentionally go through the light. He only had issues in the evening with tickets. The light 2 MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FLORIDA AUGUST 14, 2014 was set for 4 seconds for a 25 mile per hour zone, above the 3.5 seconds required by the statute. Decision Mr. Stokes found a violation occurred and assessed a fine of $243, payable within 30 days. H. Shevonne Loraine Rumph 18514700054461 Anthony Verrigni, Community Service Officer, reported on April 23, 2014, at 3:34 p.m., a vehicle registered to the Petitioner was crossing the intersection at NW 8 th Street and West Boynton Beach Boulevard. After reviewing the electronic evidence, a Notice of Violation was issued on May 1, 2014. Ms. Rumph and Mr. Stokes viewed the video. Ms. Rumpf commented she tries to be a law abiding citizen and she had received an emergency phone call regarding her grandmother who has Alzheimers and was wandering. Mr. Stokes acknowledged her circumstances. He noted other vehicles drew her into the situation, but they received a citation as well. Decision Mr. Stokes found a violation occurred and assessed a fine of $243 payable within 30 days. W. Marie Fernand Pierre 1851400076175 Officer Verrigni announced on June 10, 2014, at 5:12 p.m., a vehicle registered to the Petitioner was at the intersection at Boynton Beach and Seacrest Boulevards. After a review of the electronic evidence, a Notice of Violation was issued on June 18, 2014. Andre Pierre, the Petitioners son, was present and had been driving the car. He and Mr. Stokes viewed the video. Mr. Pierre explained he was expecting a red arrow and not a red stop sign for the other two lanes. Mr. Stokes explained intersections with a red light permits drivers to turn when the light is green. If there is a red arrow, the motorist must stop. Most intersections in Florida do not have a red arrow. The amber time was 4 seconds. Decision Mr. Stokes found a violation occurred and assessed a fine of $243, payable within 30 days. D. Yuh Lo Sung 1851400061771 Officer Petriello explained on March 22, 2014, at 1:44 p.m., a vehicle registered to the Petitioner was crossing an intersection at Gateway Boulevard and North Congress Avenue. After a review of the electronic evidence, a Notice of Violation was issued on April 24, 2014. 3 MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FLORIDA AUGUST 14, 2014 Mr. Stokes and Ms. Sung viewed the video. Ms. Sung advised she was recovering from major surgery and had not left the home for over 30 days. It was not possible for her to drive at that time. She did not purchase the vehicle and the owner was a friend. He had identified her as the driver and listed her address, phone and date of birth. He lives nearby, and was a former boyfriend. Ms. Sung's testimony was on March 22, 2014, she did not use the vehicle. The vehicle was registered to Derrick Frazier, and he signed, under penalty of perjury, that she drove the vehicle. She had not admitted anything to him and Ms. Sung testified under oath, she was not driving. She had her medical records. Ms. Sung explained many individuals use the vehicle. Decision Mr. Stokes explained there was enough doubt to dismiss the case because Mr. Frazier was not present to testify. Mr. Stokes requested researching whether they could reissue the citation again to the owner. It was unknown if a transfer of liability could be issued twice and staff agreed to research the matter with legal counsel. Y. Helmut Ripke 1851400081993 Officer Verrigni advised on June 26, 2014, at 2:56 p.m., a vehicle registered to the Petitioner was crossing the intersection at West Woolbright Road and SW 8 th Avenue. After a review of the electronic evidence, A Notice of Violation was issued on July 2, 2014. The red light time was .5 seconds. Messrs. Stokes and Ripke viewed the video. After doing so, Mr. Ripke admitted to the violation. Decision Mr. Stokes found a violation occurred and assessed a fine of $243. S. David Gwynn 1851400069576 Officer Petriello explained on May 25, 2014, at 5 p.m., a vehicle registered to the Petitioner was crossing the intersection at South Federal Highway and SE 23 Avenue. After review of the electronic evidence, a Notice of Violation was issued on May 30, 2014. Messrs. Stokes and Gwynn viewed the video. Mr. Gwynn explained it was Memorial Day Weekend. He had just finished six months of unemployment and he loaned his vehicle out. He did a good deed. Mr. Stokes noted there was no transfer of liability submitted and explained how the Statute applied. Mr. Gwynn explained if the person got intoxicated and had an accident, he would be responsible. Mr. Gwynn felt the logic would not hold up and his attorney told him to fight it. Mr. Stokes clarified the driver needed to be identified on the affidavit and they would be noticed to attend the hearing. Decision Mr. Stokes found a violation occurred and assessed a fine of $243 payable within 30 days. 4 MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FLORIDA AUGUST 14, 2014 E. Thomas Magaletta 1851400050758 Mr. Magaletta opted to waive the hearing and pay the fine. Decision Mr. Stokes explained the fine was $208 payable within 30 days. U. Andrew John Constantinides 1851400074816 Officer Verrigni advised on June 7, 2014, at 10:08 p.m., a vehicle registered to the Petitioner was at Woolbright Road and S. Congress Avenue. After a review of the electronic evidence, a Notice of Violation was issued on June 11. The red light time was 1.4 seconds and the amber time was 4.5 seconds. There was a U -turn made. Messrs. Stokes and Constantinides viewed the video. Mr. Constantinides explained he has been driving in Florida for 14 years. He did this a few years ago and a Florida Highway Patrol Officer, in a class, said it was okay to make a U -turn on red. He researched the law and it was legal. Mr. Stokes explained it has never been legal to make a U -turn on red. Mr. Constantinides explained if you do not enter the intersection, it was. He requested the case be reset and he would provide the information. Decision Mr. Stokes reset the date for September 11 at 9 a.m. and put it on record the Petitioner understood the date and time. If he was not present, Mr. Stokes would proceed and find a violation occurred. M. Frank Anthony Oddo 1851400060179 Mr. Oddo explained he would pay the fine for the violation that occurred on May 6, 2014, at South Federal Highway and would review the second citation that occurred at 8 p.m. Decision Mr. Stokes found a violation occurred and assessed a fine of $208 payable within 30 days. N. Frank Anthony Oddo 1851400060658 Officer Petriello reported on May 6, 2014, at 8 p.m., a vehicle registered to the Petitioner was crossing the intersection of South Federal Highway and SE 23 Avenue. After a review of the electronic evidence, a Notice of Violation was issued on May 12, 2014. 5 MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FLORIDA A 14, 2014 Messrs. Stokes and Oddo viewed the video. Mr. Stokes agreed it was close and pointed out there was a long amber time during which the driver was supposed to pay attention and prepare to stop. Mr. Oddo explained he just moved to the area and he would pay more attention. The red light time was .3 seconds. Decision Mr. Stokes found a violation occurred and assessed a fine of $208, payable within 30 days. X. Gina Maria Horwitz 1851400080565 Ms. Horowitz opted to pay the fine. Decision Mr. Stokes found a violation occurred and assessed a fine. L. Stephen Allen Alport 1851400059387 Officer Petriello reported on May 4, 2014, a 8:12 a.m., a vehicle registered to the Petitioner 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 May 12, 2014. Messrs. Stokes and Alport viewed the video. The red light time was .2 seconds. The amber time was 4 seconds. Mr. Alport explained, 15 minutes before, his wife fell and he was transporting her to the hospital. A Delray Beach Officer told him to follow him, drive safely and not worry about the speed or traffic lights. Together, they went through two traffic lights. At 14 Street, he motioned him to go to Bethesda. While he was waiting in the Emergency Room, the Officer gave him his card, which Mr. Alport presented to Mr. Stokes. Mr. Stokes commented the Officer did him a disservice. Although his wife was in medical distress, he would not be of help to her if he got T -boned driving her to the hospital. He apologized on behalf of the Police Officer as he did not have the authority to say run the lights. His wife should have been transported in an ambulance or the Officer's vehicle. Decision Mr. Stokes announced the video was clear he ran the light. He hoped the wife was okay and assessed a fine of $243 payable within 30 days. P. Ann Sharon Glykas 1851400064565 Ms. Glykas opted to waive the hearing and pay the fine within 30 days. Decision Mr. Stokes found a violation occurred and assessed a fine of $208 payable within 30 days. 6 MEETING MINUTES RED LIGHT CAMERA HEARINGS OYNTON BEACH, FLORIDA AUGUST 14, 2014 R. Tatiana Shekera Cunningham 1851400067695 Ms. Cunningham opted to waive the hearing and pay the fine within 30 days. Decision Mr. Stokes found a violation occurred and assessed a fine of $208 payable within 30 days. T. Georgina Lopez 1851400073610 Ms. Lopez was put under oath. Officer Verrigni explained on June 4, 2014, at 2:09 p.m., a vehicle registered to the Petitioner was crossing the intersection at Congress Avenue and Woolbright Road. After a review of the electronic evidence, a Notice of Violation was issued on June 11, 2014. The red light time was .8 seconds. Mr. Stokes and Ms. Lopez viewed the video. The amber time was 5 seconds. Ms. Lopez commented she remembered the light was yellow and she was picking up her granddaughter because she was sick. She was surprised she received the citation. Decision Mr. Stokes found a violation occurred and assessed a fine of $243. C. Aquacal Autopilot Inc. 1851400027590 No one was present for this case. Officer Petriello reported on February 26, 2014, at 3 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 4, 2014. Mr. Stokes viewed the video. Decision Based on the evidence, Mr. Stokes found a violation and assessed a fine of $243 payable within 30 days. F. Kristy Lashay Mobley 1851400051483 No one was present for this case. Officer Petriello advised on April 16, 2014, at 5:48 p.m. a vehicle registered to the Petitioner was crossing the intersection at Boynton Beach and Seacrest Boulevards. After a review of the electronic evidence, a Notice of Violation was issued on April 28, 2014. 7 MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FLORIDA AUGUST 14, 2014 Mr. Stokes viewed the video. Decision Based on the evidence, Mr. Stokes found a violation occurred and assessed a fine of $243 payable within 30 days. G. Albert L. Gramm 1851400054073 Officer Petriello advised this individual was undergoing chemotherapy.. Decision Mr. Stokes reset the case to October. I. Felicia Delores West 1851400055989 Officer Petriello announced on April 26, 2014, at 4:36 p.m., a vehicle registered to the Petitioner, who was not present, was crossing the intersection at South Federal Highway and SE 23r Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on May 2, 2014. Mr. Stokes viewed the video. Decision Based on the evidence, Mr. Stokes found a violation occurred and assessed a fine of $243 payable within 30 days. J. John Carmen Moffa 1851400059114 Officer Petriello explained on May 3, 2014, at 10:24 a.m., a vehicle registered to the Petitioner, who was not present, was crossing the intersection at NW 8 th Street and West Boynton Beach Boulevard. After a review of the electronic evidence, a Notice of Violation was issued on May 12, 2014. The red light time was 21.4 seconds. Decision Based on the evidence, Mr. Stokes found a violation occurred and assessed a fine of $243 payable within 30 days. K. Marc Alan Levy 1851400059270 Officer Petriello announced on May 3, 2014, at 6:29 p.m., a vehicle registered to the Petitioner, who was not present, was crossing the intersection at South Federal Highway and SE 23r Avenue. After a review of the electronic evidence, a Notice of Violation was issued on May 12, 2014. 8 MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FLORIDA AU 14 2 Decision Based on the evidence, Mr. Stokes found a violation occurred and assessed a fine of $243 payable within 30 days. A. Syneria Katia Cazeau 1851400017278 B. Syneria Katia Cazeau 1851400026121 Ms. Cazeau was not present for this case. Officer Petriello explained this individual purchased a vehicle and claims she surrendered the vehicle to different dealership than where she purchased the vehicle, handed them the keys, told them she was finished with the vehicle, and left. Someone registered the vehicle under her name. The report showed the vehicle has had five license plates that she cancelled. She had no documentation that she surrendered the vehicle. When Officer Petriello inquired if she advised the lienholder she surrendered the vehicle, she said no. The system shows she owns the vehicle. Ms. Cazeau feels she does not, fraud occurred and she was not responsible for the violations. Ms. Cazeaa obtained the vehicle from Park Avenue Automotive Group and claimed to have surrendered the vehicle to a different dealer in Hollywood on Route 441. Mr. Stokes contemplated Ms. Cazeau created the situation by not returning the vehicle in the proper manner; however, if they fined her, whomever had the vehicle could not reregister it and the matter rolls into a Uniform Traffic Citation. He also commented the registered owner cannot identify who was driving the car for a Transfer of Liability. He expressed Ms. Cazeau was responsible. She could have shown up and clarified the matter. Ms. Cazeau had police reports from Miami Dade from 2012. Mr. Stokes commented the State shows the vehicle is hers even though she claims she abandoned it. Mr. Stokes acknowledged under the Statute, the vehicle made the violation. He thought other things may have occurred she was not forthcoming with and he was curious if the video could be of assistance to the Miami /Dade Police Department if they were actively working the case. Decision Mr. Stokes found a violation occurred for both vehicles and assessed a fine of $243 for each citation. 6. Other Business None. 7. City requests and reports None. 8. Local Hearing Officer requests and reports 9 MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FLORIDA AUGUST 1, 2014 None. 9. Adjournment There being no further business to discuss, Mr. Stokes adjourned the meeting at 10:47 a.m. offdwvx�— �kT Catherine Cherry Minutes Specialist 082514 10