Minutes 05-26-16MINUTES OF THE RED LIGHT CAMERA HEARINGS
HELD IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BLVD,
BOYNTON BEACH, FLORIDA,THURSDAY,6, 2016, AT 9:00 A.M.
James Stokes, Special Magistrate Shana Bridgeman, Assistant City Attorney
Anthony Petriello, Traffic Infraction Enforcement Officer
Officer Anthony Verrigni, Traffic Infraction Enforcement Officer
1. Call to Order:
Mr. Stokes called the Red Light Camera hearings to order at 9:03 a.m.
Mr. Stokes explained he is a neutral third party, appointed to review the evidence
regarding Red Light Camera cases. He explained he is not a judge and some
individuals will want to challenge the constitutionality of the Red Light Camera program.
Individuals wanting to do so would have to appeal their case in court. If appealing, the
judge will ask if they exhausted their administrative remedies. Mr. Stokes advised the
violator will make one's record at this hearing. The Red Light Camera tickets do not
assess points on their driving record. If found guilty, an order is printed imposing a fine
which must be paid within 30 days. If not paid during that time, a hold is put on their
registration.
Mr. Stokes explained the vehicle creates the violation. The first name on the registration
is sent the citation. If the owner was not driving, they must send in an affidavit
indicating who the driver was and the citation will be reissued to that person. There is
an administrative hearing charge added if the case is heard. If one changes their plea
prior to the hearing, it is not added. All have a right to a hearing to state their
circumstances.
The initial Notice of Violation fine is $158. If a hearing is requested, the fine is $50
more. The hearing charge, if found guilty, can be up to $250; however, the City charges
$35.
Mr. Stokes advised anyone wanting to change their plea should come to the front of the
Chamber.
2. Amendments to the Agenda: None
3. Approval of Minutes for May 12, 2016
The minutes were deferred.
Meeting Minutes
Red Light Camera Hearings
Boynton Beach, Florida May 26, 2016
4. Swear in of witnesses
The Minutes Specialist administered an oath to all those intending to testify. Mr. Stokes
explained all parties see the same evidence at the same time. Since the City bears the
burden of proof, the Officers will present testimony first.
5. Violation Hearings: Failure to comply with a steady Red Signal.
The following individuals changed their plea:
Smyrne Balan-Louis
Yvonne St. Louis
Luc Hai Quach
Christopher Michael Halligan
Maria Morales
Lucy Vera
Barbara H. Shull
Notice No. 1851600028430
Notice No. 1851600009356
Notice No. 1851500181537
Notice No. 1851500185314
Notice No. 1851600031780
Notice No. 1851600034206
Notice No. 1851600025352
Officer Verrigini, Traffic Infraction Enforcement Officer, reviewed on January 14,
2016, at 5:06 p.m., a vehicle registered to the violator was travelling eastbound on
Boynton Beach Boulevard at N. Congress Avenue in the number two lane. After a
review of the electronic evidence and photographs, a notice of violation was sent on
February 3, 2016. An evidence pack of still photographs and a CD with the images for
all the cases was submitted to Mr. Stokes. Mr. Stokes and Ms. Shull viewed the video
and still photographs.
Barbara Shull explained she had never received any type of citation for a red light in 64
years. She was slowing and heard sirens behind her. There were cars on the other side
of the intersection and she saw the light was yellow. She thought she would be better
off to get out of the lane. As she turned, the light was red. She only turned to allow the
emergency vehicles through.
Mr. Stokes explained the video ran for several seconds after and he did not see any
emergency vehicles. He understood one could hear the siren, but she ran the light.
Decision
Based on the testimony and evidence, Mr. Stokes upheld the citation and gave 30 days
to pay.
Christine Lynn Knapp Notice No. 1851600033331
Officer Verrigini conveyed on January 24, 2016, at 10:27 a.m., a vehicle registered to
the violator was travelling northbound on Congress Avenue at E. Gateway Boulevard in
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Meeting Minutes
Red Light Camera Hearings
Boynton Beach, Florida May 26, 2016
the number two lane. After a review of the electronic evidence and photographs, a
notice of violation was issued on February 11, 2016. Officer Verrigini submitted an
evidence pack to Mr. Stokes. Mr. Stokes and Ms. Knapp viewed the video and still
images.
Christine Knapp added when they had the opportunity to view the video, she did not
see the images she was seeing now as the images were not clear. Her son was
driving, but when she looked at the video, she could not tell the light was red. She
explained they need to see the video clearly and it was fuzzy.
Decision
Based on the testimony and evidence, Mr. Stokes upheld the citation and gave 30 days
to pay.
Frank Occhipinti
Notice No. 1851500173443
Officer Petriello, Traffic Infraction Enforcement Officer, commented on December 4,
2015, at 6:50 p.m., a vehicle registered to the violator was travelling southbound on S.
Federal Highway and SE 23rd Avenue in the number two lane. After a review of the
electronic evidence and photographs, a notice of violation was sent on December 14,
2015. Officer Petriello submitted the ATS evidence pack to Mr. Stokes. Messrs. Stokes
and Occhipinti looked at the video and still mages.
Frank Occhipinti explained it had been raining that night and it was a short
intersection. He was watching a person in the opposite direction in the tuning lane. At
the last second he decided it was safer to continue through the intersection. He looked
at the website and there were flash flood warnings. He wanted to err on the side of
caution instead of slamming on his brakes. He claimed it was a safety issue.
Mr. Stokes appreciated the concern and acknowledged it was raining, which affects
traffic in both directions. He noted Mr. Occhipinti was travelling at 69 mph.
Decision
Based on the testimony and evidence, Mr. Stokes upheld the citation and gave 30 days
to pay. He acknowledged road conditions do matter, but advised the driver should be
more cautious when road conditions are bad.
Arlene Judith Landon Notice No. 1851600066786
Officer Verrigini explained on February 25, 2016, at 5:59 p.m., a vehicle registered to
the violator was travelling northbound on Congress Avenue at W. Boynton Beach
Boulevard in the number four straight lane. After a review of the electronic evidence
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Meeting Minutes
Red Light Camera Hearings
Boynton Beach, Florida May 26, 2016
and photographs, a notice of violation was sent on March 14, 2016. Officer Verrigini
submitted the evidence pack and still images to Mr. Stokes.
Mark Landon, the Violator's husband, was present with Arlene Landon and explained
he was the driver. He commented he was shocked when they received the notice. His
wife is on oxygen 24 hours a day. The tank lasts two hours and she could not breathe.
He did not remember going through the light and if so, it was for an emergency. Mrs.
Landon had been in and out of the hospital and she does not drive any more. He left it
to the Courts mercy to lower the fine as he cannot afford it.
Decision
Based on the testimony and evidence, Mr. Stokes upheld the citation.
Michael John Cummings
Notice No. 1851600029149
Officer Petriello commented on January 19, 2016, at 12:11 p.m., a vehicle registered to
the violator was travelling northbound on N. Congress Avenue at W. Gateway
Boulevard in the number two lane. After a review of the electronic evidence and
photographs, Officer Petriello issued a notice of violation on February 5, 2016. Officer
Petriello submitted an evidence pack to Mr. Stokes. Mr. Stokes and Ms. Martinez
viewed the video and still photographs.
Carolina Guttierez was present to translate for Ms. Martinez, the driver. Ms. Guttierez
explained Ms. Martinez had eye surgery and had one eye covered. She had proof of
her surgery. Mr. Stokes believed she had the surgery, but thought she should not have
driven if she could not see properly. Ms. Guttierez explained i was six days after the
surgery when Ms. Martinez experienced double vision and she was trying to pull over
and call her daughter.
Decision
Based on the testimony and evidence, Mr. Stokes upheld the citation.
Irvens Fleurancin
Notice No. 1851500185595
Officer Verrigini mentioned on December 17, 2015, at 12:09 p.m., a vehicle registered
to the violator was travelling westbound on Woolbright Road at S. Congress Avenue in
the number one left -turn lane. After a review of the electronic evidence and
photographs, Officer Verrigni issued a notice of violation on December 30, 2015.
Officer Verrigini presented the evidence pack to Mr. Stokes. Messrs. Stokes and
Fleurancin viewed the video and still photographs.
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Meeting Minutes
Red Light Camera Hearings
Boynton Beach, Florida May 26, 2016
Mr. Fleurancin explained he made a U-turn. Mr. Stokes explained U-turns at a red light
are not allowed; only right turns on red are permitted and it was a common
misconception about the U-turns.
Decision
Based on the testimony and evidence, Mr. Stokes upheld the citation.
Michael Leonard Corey
Notice No. 1851500187039
Officer Verrigini explained on December 18, 2015, at 1:39 p.m., a vehicle registered to
the violator was travelling southbound on NW 8th Street at W. Boynton Beach Boulevard
in the number two left -turn lane. After a review of the electronic evidence and
photographs, a notice of violation was issued on December 21, 2015. Officer Verrigini
submitted the evidence pack to Mr. Stokes. Messrs. Stokes and Corey reviewed the
video and still photographs.
Michael Corey commented the video he watched was not clear. It was fractions of a
second before the light turned red. Mr. Stokes noted it was two-tenths of a second, but
there was a four -second yellow light.
Decision
Based on the video, Mr. Stokes upheld the citation and gave 30 days to pay.
Susan Helene Major
Notice No. 1851600031475
Officer Verrigini commented on January 22, 2016, at 11:33 a.m., a vehicle registered to
the violator was travelling southbound on S. Federal Highway at SE 23rd Avenue in the
number two straight lane. After a review of the electronic evidence and photographs, a
notice of violation was sent on February 8, 2015. Officer Verrigini submitted the
evidence pack to Mr. Stokes. Mr. Stokes and Ms. Major examined the video and still
photographs.
Ms. Major explained she looked at the video on her sister's computer and it looked like
the light was yellow. She could not freeze the frame.
Decision
Based on the testimony and evidence, Mr. Stokes upheld the citation payable within 30
days.
Meeting Minutes
Red Light Camera Hearings
Boynton Beach, Florida May 26, 2016
Jean R. Labbe Notice No. 1851600005537
Officer Petriello conveyed on December 23, 2015, at 7:27 p.m., a vehicle registered to
the violator was travelling southbound on NW 8th Street at W. Boynton Beach Boulevard
in the number three lane. After a review of the electronic evidence, Officer Petriello
issued a notice of violation on January 7, 2016. Officer Petriello submitted the evidence
pack to Mr. Stokes and Messrs. Stokes and Labbe watched the video and still images.
Decision
Mr. Stokes dismissed the case as it was too close to call.
Lucy Ann Berzolla-Crystall
At the City's request, Mr. Stokes dismissed the case.
Decision
Mr. Stokes dismissed the case.
Wildor Francois
Notice No. 1851600004795
Notice No. 1851600000215
Officer Petriello commented on December 18, 2015, at 4:56 p.m., a vehicle registered to
the violator was travelling northbound on S. Federal Highway at SE 23 Avenue. After a
review of the electronic evidence and photographs, Officer Petriello issued a notice of
violation on January 4, 2016. Officer Petriello submitted the evidence pack to Mr.
Stokes and Messrs. Stokes and Francois viewed the video and still images.
Mr. Francois explained he had a problem with his brakes and he could not stop the car.
Decision
Based on the testimony and evidence, Mr. Stokes upheld the citation and gave 30 days
to pay. The fine was $243. Mr. Francois explained he had two tickets. Mr. Stokes
explained the order allows 30 days to pay. If not paid, a hold is put on the vehicle
registration.
Mitchell S. Ackerman Notice No. 1851500128900
Officer Verrigini conveyed on November 10, 2015, at 2:16 p.m., a vehicle registered to
David Jonathan Ackerman was travelling northbound on Congress Avenue at E.
Gateway Boulevard in the number four straight lane. After a review of the electronic
evidence and photographs, a notice of violation was issued October 15, 2015. On
December 16, 2015, a transfer of liability was received and Officer Verrigni issued a
new notice of violation naming Mitchell S, Ackerman as the driver on December 16,
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Meeting Minutes
Red Light Camera Hearings
Boynton Beach, Florida May 26, 2016
2015. Officer Verrigini presented the evidence pack to Mr. Stokes. Messrs. Stokes and
Ackerman viewed the video and still images.
Mr. Ackerman noted a news article that a judge ruled the tickets were unlawful. Mr.
Stokes explained some Appellate Courts put a hold on the program, but the Circuit and
County courts in the 15th Judicial District and 4th District Court of Appeals did not shut
the program down. Mr. Ackerman noted an article regarding a decision made by Judge
Mark Eissey. Mr. Stokes noted the article was from April 2015. The ticket was from
October 2015. The City put their program on hold to review it. The program began
again in August and the hearings resumed in October 2015. Mr. Stokes explained the
program was lawful in the 15th Judicial Circuit and Mr. Ackerman could appeal. Mr.
Ackerman asked if the officer who deemed the violation was present. Officer Verrigni
advised he issued the ticket. Mr. Ackerman asked if he originally issued the ticket or
when it was assigned to Officer Verrigini. Officer Petriello explained he originally issued
the notice of violation to David Ackerman on October 15, 2015. The violation occurred
October 10th, which was after the newspaper ruling and after the article showed the
program was in compliance as of October 5th. Mr. Ackerman requested confirmation if
Officer Petriello reviewed the violation in 2015.
Mr. Ackerman thought the bumper was on the line when the infraction occurred.
Decision
Mr. Stokes dismissed the citation and commented the program has not been deemed
illegal after it was put on hold, but the record showed he missed the stop bar by one-
tenth of a second.
Vilaire Massillon
This case was rescheduled.
Wiselene Beauplant
Notice No. 1851600007970
Notice No. 1851500180711
Officer Petriello mentioned on December 12, 2015, at 5:36 p.m., a vehicle registered to
the violator was travelling northbound on N. Congress Avenue at W. Gateway
Boulevard in the number two lane. After a review of the electronic evidence and
photographs, Officer Petriello issued a notice of violation on December 21, 2015.
Officer Petriello submitted the evidence pack to Mr. Stokes. Mr. Stokes viewed the
video and still images.
Decision
Based on the testimony and evidence, and the Violator not present, Mr. Stokes upheld
the citation and assessed a fine of $243 payable within 30 days.
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Meeting Minutes
Red Light Camera Hearings
Boynton Beach, Florida May 26, 2016
Daniel L. Friedman Notice No. 1851500153270
Officer Petriello advised on November 9, 2015, at 6:24 p.m., a vehicle registered to the
violator was travelling northbound on S. Federal Highway at SE 23`d Avenue in the
number three lane. After a review of the electronic evidence and photographs, Officer
Petriello issued a notice of violation on November 16, 2015. Officer Petriello submitted
the evidence pack to Mr. Stokes. The violator was not present. Mr. Stokes viewed the
video and still images.
Decision
Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a
fine of $243.
John James Elliott Notice No. 1851600003813
Officer Verrigini mentioned on December 22, 2015, at 12:40 p.m., a vehicle registered
to the violator was travelling westbound on Woolbright Road at S. Congress Avenue in
the number two lane. After a review of the electronic evidence and photographs, a
notice of violation was issued on January 6, 2016. Officer Verrigini submitted an
evidence pack to Mr. Stokes who viewed the video and still images. The violator was
not present.
Decision
Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a
fine of $243.
Daniel Joseph Raulerson
Notice No. 1851600014794
Officer Verrigini noted on January 3, 2016, at 12:42 p.m., a vehicle registered to the
violator was travelling westbound on Gateway Boulevard at N. Congress Avenue in the
number five straight lane. After a review of the electronic evidence and photographs, a
notice of violation was issued January 15, 2016. The red light time was 1.9 seconds.
Officer Verrigini submitted the evidence pack to Mr. Stokes, who watched the video and
still images. The violator was not present.
Decision
Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a
fine of $243.
Juanique Chadinha Notice No. 1851600014976
Officer Petriello explained on January 10, 2016, at 12:36 p.m., a vehicle registered to
the violator was travelling southbound on S. Federal Highway at SE 23rd Avenue in the
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Meeting Minutes
Red Light Camera Hearings
Boynton Beach, Florida May 26, 2016
number three lane. After a review of the electronic evidence and photographs, Officer
Petriello issued a notice of violation on January 1, 2016. Officer Petriello submitted the
evidence pack to Mr. Stokes. Mr. Stokes watched the video and still photographs. The
violator was not present.
Decision
Based on the evidence presented and the violator not present, Mr. Stokes upheld the
violation and assessed a fine of $243.
Zachary Michael Halpern Notice No. 1851600020288
Officer Verrigini commented on January 9, 2016, at 3:21 a.m., a vehicle registered to
the violator was travelling southbound on S. Federal Highway at SE 23rd Avenue in the
number two lane. After a review of the electronic evidence and photographs, a notice of
violation was sent on January 27, 2016. Officer Verrigini presented the evidence pack
to Mr. Stokes. Mr. Stokes viewed the video and still images. The violator was not
present.
Decision
Based on the evidence presented and the violator not present, Mr. Stokes upheld the
violation and assessed a fine of $243.
Zachary Michael Halpern
Notice No. 1851600025543
Officer Verrigini conveyed on January 14, 2016, at 8:45 p.m., a vehicle registered to the
violator was travelling northbound on S. Federal Highway and SE 23rd Avenue in the
number two straight lane. After a review of the electronic evidence and photographs, a
notice of violation was issued on February 3, 2016. The red light time was 1.3 seconds.
Officer Verrigini submitted the evidence pack to Mr. Stokes. Mr. Stokes reviewed the
video and still photographs.
Decision
Based on the evidence and the violator not present, Mr. Stokes upheld the violation and
assessed a fine of $243.
Maria E. Bernal Notice No. 1851600024280
Officer Verrigini noted on January 16, 2016, at 3:45 p.m., a vehicle registered to the
violator was travelling southbound on S. Federal Highway and SE 23rd Avenue in the
number three straight lane. After a review of the electronic evidence and photographs a
notice of violation was issued on February 2, 2016. Officer Verrigini submitted the
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Meeting Minutes
Red Light Camera Hearings
Boynton Beach, Florida May 26, 2016
evidence pack to Mr. Stokes who viewed the video and still images. The violator was
not present.
Decision
Based on the evidence and the violator not present, Mr. Stokes upheld the violation and
assessed a fine of $243.
Nationwide Mutual
This case was rescheduled.
Beverly Angela Grant Soloman
Notice No. 1851600032507
Notice No. 1851600033380
Officer Verrigini mentioned on January 23, 2016, at 1:22 p.m., a vehicle registered to
Nationwide Mutual Company was travelling eastbound on Boynton Beach Boulevard at
Seacrest Boulevard in the number two lane. After a review of the electronic evidence, a
notice of violation was issued on February 10, 2016. Officer Verrigini submitted the
evidence pack to Mr. Stokes who viewed the video and still images. The violator was
not present, nor was a representative from Nationwide Mutual Company.
Decision
Based on the evidence presented and the violator not present, Mr. Stokes upheld the
violation and assessed a fine of $243.
Arlene Judith Landon Notice No. 1851600066786
Officer Verrigini explained on January 14, 2016, at 11:19 a.m., a vehicle registered to
the violator was travelling eastbound on Gateway at N. Congress Avenue in the number
four lane. After a review of the electronic evidence and photographs, a notice of
violation was issued on February 11, 2016. Officer Verrigini submitted the evidence
pack to Mr. Stokes who examined the video and still photographs. The violator was not
present.
Decision
Based on evidence presented and the violator not present, Mr. Stokes upheld the
violation and assessed a fine of $243 payable within 30 days.
6. Other business: None
7. City requests and reports: None
8. Local Hearing Officer requests and reports: None
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Meeting Minutes
Red Light Camera Hearings
Boynton Beach, Florida May 26, 2016
9. Adjournment
There being no further business to discuss, Mr. Stokes adjourned the hearings at 10:47
a.m.
Catherine Cherry
Minutes Specialist
060396
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