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Minutes 11-08-18 MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON THURSDAY, NOVEMBER 8, 2018, AT 9 A.M. James Stokes, Special Magistrate Anthony Petriello, Traffic Infraction Enforcement Officer Anthony Verrigni, Traffic Infraction Enforcement Officer Sunny Surajibally, Boynton Beach Police Officer Gary Garafolo, Boynton Beach Police Officer 1. Call to order by Local Hearing Officer, James D. Stokes At 9:00 a.m., Sergeant Hawkins explained the program and announced the program has been rules legal by the Courts. He invited all to view their videos before the hearings. At 9:30 a.m., James Stokes, Special Magistrate explained, under the Statute, the violation is a civil violation against the vehicle. No points are assessed on one's license. The violation does not increase insurance rates, nor is anyone's license suspended. If the owner was not the driver and they can id they who was, the City will redirect the citation to that individual. Mr. Stokes explained he knows nothing about anyone's case. He gets nothing in advance. He is a Magistrate and he does not work for the City of Boynton Beach. He is appointed as a Traffic Hearing Officer to review the violations. He will hear from the officers and see the evidence on a monitor. All will see the same evidence at the same time. Mr. Stokes explained is a magistrate and his authority is limited by Statute, which is to decide what side of the line the vehicle was on when the light turned red. He has no authority to adjust the fine or send someone to traffic school. The Statute says when the Violation Notice is sent, the fine is $158. When the vehicle owner requested a hearing, the amount increased to $208. Once owners are given the oath, a hearing fee of $35 is added. He advised all present were at the $208 level. When they testify and if found guilty, the total fine is $243. Mr. Stokes advised motorists think making a U-turn on a red light in Florida is legal and it is not. Another misnomer is one can challenge the legality or constitutionality of the program at the hearing. Mr. Stokes advised he cannot rule on the constitutionality of the program; however, if one wants to appeal, they can put their argument on record because when they go to the courthouse, the judge will ask if they had the administrative hearing. He did advise the program was challenged all the way to the Supreme Court and the program was upheld. He advised the packet he is handed was the same packet of information they received. It contained the violation notice, request for the hearing, the vehicle registration and it is entered into the record. Meeting Minutes Red Light Camera Hearings Boynton Beach, FL November 8, 2018 The Minutes Specialist administered an oath to all those intending to testify. Morgan Lee Rothbard Notice No. 1851800169430 Officer Surajibally advised on June 10, 2018, at 6:51 p.m., a vehicle registered to the violator was travelling on Federal Highway at SE 23rd Avenue in lane three. After a review of the electronic evidence, a notice of violation was issued on July 5, 2018. He had a video and pictures for all the cases being presented at the hearing. The red light time was .6 seconds. He had an evidence pack with a video and still images to play. Mr. Stokes and Ms. Rothard viewed the video and still images. Ms. Rothbard remembered it was raining very hard. She is a safe driver and made the choice not to slam on the brakes it was safer. She noted the oncoming motorist also went through the light. Mr. Stokes agreed rain increases the danger when driving and why drivers are supposed to be more cautious. There was a 4 second yellow light in addition to the .6 seconds the light was red. He felt she had plenty of time to stop, especially if she was driving cautiously because of the rain. Decision Based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Issac Gray Notice No. 1851800182367 Officer Surajbally conveyed on June 28, 2018, at 4:01 p.m., a vehicle registered to the violator was travelling southbound on Federal Highway at SE 23rd Avenue in lane three. After a review of the electronic evidence, a Notice of Violation was issued July 17, 2018. The red light time was 3.2 seconds. Messrs. Gray and Stokes viewed the electronic evidence and still images. Mr. Gray explained he was doing the speed limit and had gotten a ticket there before and he was familiar with the area. He tried to stop and because of the incident, he had to change his tires the next day. He slipped through it. Mr. Stokes noted the problem was there was a pedestrian on the corner waiting to cross. He believed the testimony, but saw he clearly went through the light. 2 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL November 8, 2018 Decision Based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Derick Randal McFord Notice No. 1851800155181 Officer Garafalo advised on May 25, 2018, at 3:57 p.m., a vehicle registered to the violator was travelling northbound on Federal Highway at SE 23rd Avenue in lane three. After a review of the electronic evidence, a Notice of Violation was issued on June 12, 2018. The red light time was .4 seconds. He had a video and still images to play. Messrs. Stokes and McFord viewed the video and still images. Mr. McFord explained his defense was the same as the prior young lady's with the weather conditions. He was going the speed limit as he approached the light and he was right there, if he hit the brakes he would slide. The road and weight of the vehicle. It was a split second. He was sliding everywhere. Mr. Stokes understood, but noted he was driving a bit fast and the program does not site anyone for speed. He thought there was likely a lot of equipment in the back of the company van which makes it tough, but it rains in Florida every day, and motorists can not use rain as a defense. He had a yellow light to warn drivers and with rain, motorists are supposed to drive slower and more carefully Decision. Based on the evidence as he viewed it, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. George Philip Notice No. 1851800151461 Officer Verrigini commented on May 22, 2018, at 5:07 a.m., a vehicle registered to Alexander Moussaev who transferred liability to George Philip as the driver was travelling eastbound on Woolbright Road at SW 8th Street in the number three straight lane. After a review of the electronic evidence, a Notice of Violation was issued on July 18, 2018. He had a video and still images to play. Messrs. Stokes and Philip viewed the evidence. Mr. Philip asked how often the Red Light Camera's are calibrated and learned they are calibrated before and after the violation. The camera was calibrated before the violation. The system self-tests the calibration. Mr. Philip asked if the camera has to be calibrated on a periodic basis. Officer Verrigini replied it is self-testing via computer with the Red Light Camera company. He had a copy of the calibration certification. Mr. Stokes explained the camera was calibrated the day of the violation at 2 a.m. and that night again at 2 a.m. Mr. Philip viewed the calibration report. Officer Verrigini reviewed the video. Mr. Philip noted the calibration does not have anyone's signature on it. Officer Verrigini 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL November 8, 2018 explained the paperwork are certified documents from the company. The certificate was certified and signed. The certifier, Jonathan Crabb was not present at the hearing. Mr. Philip moved to dismiss, because the Red Light Camera has been certified by a Jonathan Crabb and certain tests have to be run. Without Mr. Crabb being present to testify that he carried out the tests, it is not possible for Mr. Philip to determine whether the certification was done accurately. Since certification of the red light camera is crucial to the matter, he would move the violation be dismissed. Mr. Stokes asked Officer Verrigini if the two-page document in the package, the camera log report and the affidavit of Johnathan Crab attesting to the reading, are kept by the City of Boynton Beach in its regular course of business and part of the official file and learned it was. Mr. Stokes explained Mr. Philip objection has two components. He advised as a business record maintained in the regular scope of business is an exception to the hearsay rule. As far as the individual not being present, he asked if Mr. Philip requested the individual be present or try and subpoena him by himself. Mr. Philip said the document was not provided to him and it was the first time he has seen the documents. Mr. Philip asserted since the City is stating the camera is operational and Mr. Crabb's testimony is crucial to that, he believes the City has the burden of proof to prove the camera was operational. Just a document stating it is a business record, may avoid the hearsay rule, but it goes to the weight of the evidence, that if Mr. Crabb is not present to testify and if he is not allowed to cross-examine the person who is operating the camera and making sure it is working properly, it goes to the weight of the evidence and Mr. Philip cannot prove his case if the City does not provide a key witness. Mr. Stokes asked if Mr. Philip requested the documents in the case. Mr. Philip brought the packet of what was sent to him in the mail. Mr. Stokes explained the document is not just a signature; it is an affidavit that the information is true and correct. It is sworn testimony although documentary sworn testimony. Mr. Stokes commented if Mr. Philips wanted the witness present, especially since this hearing is an administrative hearing, it would have been incumbent on Mr. Philip to make that request. Mr. Stokes explained all of Mr. Philips objections are noted and are on the record and he will have every opportunity to address the matter on appeal. Mr. Stokes wanted to ensure his reason for overruling the objections was on the record. Mr. Philip explained the car was not his vehicle. His niece came with four friends. They just graduated from college in Orlando and they were staying with him. The violation was at 5:07 a.m. Mr. Philips is retired and he was at home. He did not receive the ticket until some time in July or August. He contacted her and she told him they were out on several nights. They were with him for four or five days and there were different people driving. They did not know who was driving, but it was not him. Mr. Philips explained there was no film or documentary evidence that he was driving. It is not his vehicle. Mr. Philips explained it was a friend's vehicle. The friend was from North Carolina. The owner sent in an affidavit saying Mr. Philip was driving the vehicle and Mr. Philip said not driving the vehicle at 5:07 in the morning. 4 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL November 8, 2018 Mr. Stokes asked if the friend lent the vehicle to Mr. Philip or to Mr. Philip neice. Mr. Philip advised he just left the vehicle at the address. It is Mr. Philips home. Mr. Stokes asked if there was an understanding with the owner the vehicle was free for anyone to drive. Mr. Philp responded there was not. Mr. Philip has his own vehicle. Sergeant Hawkins advised he will reissue the violation notice to the owner. The owner said the vehicle was under Mr. Philip care, custody and control. The vehicle was left at the house, but with no particular permission to drive it and if someone else in the household took it. Mr. Philips explained the vehicle was left at the house and under his care and control. Mr. Stokes explained Florida Statute specifies if a person leaves a vehicle in the care, custody and control of another person, they become responsible for it even if someone else in the house was driving it. Unless Mr. Philips can identify the driver, they could reassign it to Mr. Philips niece, but if he cannot identify the driver they can redirect. Sergeant Hawkins asked if the niece said she did not know who was driving. Mr. Philips explained the issue is they would go out drinking and whoever was not drinking and whoever was not drinking was the designated driver and they were visiting for four or five days. Sergeant Hawkins recommended the falling back to the care custody and control issue. Mr. Stokes agreed it is supported by the Statute. Mr. Stokes explained based on the Statute, he accepted the declaration affidavit of the vehicle owner indicating he left the vehicle in the care, custody and control of Mr. Phillip. Mr. Stokes understood Mr. Philip did not know who the driver was, but he had explained earlier, if the driver cannot be identified, it goes to the vehicle and in this case, the vehicle was in the care custody and control of Mr. Philips. Mr. Stokes advised Mr. Philips could appeal, but Mr. Stokes explained he does his best to go with what the Statute says. Decision Based on the above, Mr. Stokes upheld the violation and assessed a fine of$243 payable or appealable in 30 days. Mr. Stokes explained the 30 days to appeal is the jurisdictional limit. George A. Podray Notice No. 1851800212446 Officer Garafalo conveyed on August 6, 2018, at 2:37 a.m., Officer Garafalo observed a vehicle registered to the violator travelling eastbound on Boynton Beach Boulevard at Seacrest Boulevard in lane two. After a review of the electronic evidence, a Notice of Violation was issued on August 13, 2018. The red light time was .2 seconds. He had a video and still images to play. Messrs. Stokes and Podray viewed the evidence. Mr. Podray commented the video does not show the car on the right moving to the right lane because there was an ambulance behind them. Mr. Podray was in the right hand 5 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL November 8, 2018 lane and moved to the left lane to accommodate the ambulance. Mr. Stokes reviewed the entire video a second time. Mr. Stokes commented he looks to see if an emergency vehicle makes an appearance and it did not. Mr. Stokes also looks for Mr. Podray's reaction after clearing the intersection and moving to the right and stop. Mr. Podray went through the light and then continued on. Mr. Podray commented the ambulance was in the right hand lane. He was turning on Seacrest another vehicle cut him off because he was in the right hand lane. Decision Based on the evidence Mr. Stokes observed, he did not see evidence of an emergency vehicle and he upheld the violation and assessed a fine of$243. Brandon Scott Girten Notice No.1851800184744 Officer Garafalo mentioned on June 26, 2018, at 3:49 p.m., a vehicle registered to the violator was travelling northbound on Congress Avenue at W Gateway Boulevard in lane five. After a review of the electronic evidence, a Notice of Violation was issued on July 18, 2018. The red light time was .7 seconds. He had an evidence pack with video and still images. Messrs. Stokes and Girten viewed the evidence. Mr. Girten commented he had a 20-foot trailer he was pulling. He was driving safely at 38 mph with heavy equipment inside the trailers, upward of 6,000 pounds, plus he used his best judgement. His driving record shows no infractions of this sort. He thought it was in the public's best interest; any potential pedestrians, himself and the equipment, not to slam on the brakes as a potential jackknife could be worse. He asked Mr. Stokes to consider the circumstances as part of the violation. He is a very safe driver and he was trying to be a stand-up citizen. He was not trying to beat a red light. Mr. Stokes appreciated the testimony and that he is a safe driver. The issue he has is he assumed Mr. Girten drives the trailer frequently and it should not be an excuse to go through red lights. He thought it meant whenever he hauls the trailer, he does not stop at red lights. There was a five second yellow light, which is a longer light than most intersections in the City. While Mr. Girten was seven-tenths of a second over the red light, the yellow gave ample warning to stop and at 38 mph, it should have been safe to stop. If it was not safe to stop, Mr. Girten would have to make adjustments as presumably he hauls the trailer frequently. Mr. Stokes found it difficult to use a heavy load or trailer as justification. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. 6 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL November 8, 2018 Mr. Girten commented it should not presumed he run lights all the time as he never has. Mr. Stokes explained the justification if hauling a big trailer is he could not stop, it would arise at every intersection and he has to find a way to safely stop. He acknowledged he has a good record so he knows how. Based on what he saw, he went through a red light and a heavy load is not a justification. Mr. Girten commented if he stopped it would be a guarantee he would stop in the middle of the intersection or lost control and jack knifed. He used to drive big rigs and heavy loaders. Mr. Girten asked what grace or leeway does this Court have in these situations. Mr. Stokes explained after the evidence is reviewed, there are parimeters used by the Police Department, that if it is super close call, such as one tenth of a second that he dismisses in certain circumstances and the officers do not site them. There are cases he dismisses in some circumstances, but a defense that it is raining in Florida does not work for him. Heavy trailers or loads does not cut it. Mr. Stokes explained he does not view the violation as a 7/10ths of a second. He views it as he had a full five-second warning the light would turn red. He thought motorists ignore it when they drive through a yellow light, but sometimes you win and sometimes you lose. Mr. Stokes advised he is a magistrate. If you look at the number of people who are cited as opposed to appealing, there are a lot of concessions made. Most violations that end up being appealed are usually found guilty. The way the Statute is written, if a driver goes through the red light. Fernando Quinones Notice No. 1851800181724 Officer Garafalo advised on June 27, 2018, at 6 p.m., a vehicle registered to the violator was travelling northbound on Federal Highway at SE 23rd Avenue in lane three. After a review of the electronic evidence a Notice of Violation was issued on July 17, 2018. The red light time was 1.3 seconds. He had an evidence packet, video and still images to present. Messrs. Quinones and Stokes viewed the evidence. Mr. Quinones explained was hoping he had more time to make the payment. Mr. Stokes explained the Statute allows for payment in 30 days. If not paid within that time period, there are no additional fines or late fees, but the fine attaches to the license plate, similar to an unpaid toll. When the owner goes to renew the vehicle registration, it will have to be paid at that time. Mr. Quinones explained he wanted to make a partial payment, but learned the payment must be made in full. Decision Since Mr. Quinones did not put up a defense, he assessed a fine of $208 payable in 30 days. 7 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL November 8, 2018 Brandon Scott Girten Notice No. 1851800184744 Sergeant Hawkins explained he spoke with Mr. Girten. He requested the fine be reduced to $208. Decision Mr. Stokes reduced the fine to $208. The following individuals pled out: Jessica Ashley Cardoso Notice No. 1851800194172 Lakesha Chanel Clemons Notice No. 1851800154515 Daniel Fain Notice No. 1851800180429 Ron Paul Janerek Notice No. 1851800157591 William Lawrence Quarantello Notice No. 1851800187085 Jose Saul Rosillo Notice No. 1851800177714 Emily Lynn Victor Notice No. 1851800189131 Daniel Harold Bluesten Notice No. 1851800217775 Charles James Hartley III Notice No. 1851800188502 Curtis E. Kingham Notice No. 1851800178688 Carlos H. Manzano Notice No. 1851800178688 Anthony Vallone Notice No. 1851800171568 Christendath Rambarath Notice No. 1851800161296 Diane Caprice Spruiel Notice No. 1851800205747 Rosario Evangelina Flores Notice No. 1851800163342 At the request of the City, the following case was dismissed: Remuise Arthur Johnson Jr. Notice No. 1851800188315 The following individuals were not present: Jonas Lehman Bair Notice No. 1851800164969 Officer Garafalo advised on June 5, 2018, at 8:58 p.m., a vehicle registered to the violator was travelling northbound on S Federal Highway at SE 23rd Avenue in lane two. After a review of the electronic evidence a Notice of Violation was issued on June 27, 2018. The red light time was .9 seconds. He had a video and still images to play which Mr. Stokes viewed. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. 8 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL November 8, 2018 Manuel Alberto Benedetti Notice No. 1851800169729 Officer Garafalo commented on June 11, 2018, at 10:31 a.m., a vehicle registered to the violator was travelling southbound on Federal Highway at SE 23rd in lane two. After a review of the electronic evidence, a Notice of Violation was issued on June 5, 2018. The red light time was 1 second. He had an evidence pack with a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Jean Cassett Notice No. 1851800153152 Officer Garafalo conveyed on May 23, 2018, at 5:34 p.m., a vehicle registered to the violator was travelling eastbound at Woolbright Road at SW 8th Street in lane one. After a review of the electronic evidence, a Notice of Violation was issued on June 8, 2018. The red light time was .3 seconds. He had an evidence pack, video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Tamica Denise Clinton-Bush Notice No. 1851800219409 Officer Garafalo advised on August 15, 2018, at 6:43 a.m., a vehicle registered to the violator was travelling southbound on Congress Avenue at W Woolbright Road in lane four. After a review of the electronic evidence, a Notice of Violation was issued on August 23, 2018. The red light time was 1 .3 seconds. He had an evidence pack, video and still images to play, which Mr. Stokes viewed. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Annette Denise Leggett Notice No. 1851800208295 Officer Garafalo explained on August 2, 2018, at 9:12 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at Seacrest Boulevard in lane two. After a review of the electronic evidence, a Notice of Violation was issued on August, 7, 2018. The red light time was .9 seconds. He had an evidence pack with video and still images to play. Mr. Stokes viewed the evidence. 9 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL November 8, 2018 Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Marc H. Maurisseau Notice No. 1851800203668 Officer Garafalo commented on July 27, 2018, at 3:57 p.m., a vehicle registered to the violator was travelling southbound on Federal Highway at SE 23rd Avenue in lane three. After a review of the electronic evidence, a Notice of Violation on August 1, 2018. The red light time was .2.1 seconds. He had an evidence pack, video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of $258. Cheryl Chauphn Pinkney Notice No. 1851800222320 Officer Garafalo advised on August 8, 2018, at 11:57 p.m., a vehicle registered to the violator was travelling southbound on Congress Avenue at W Gateway Boulevard in lane one. After a review of the electronic evidence, a Notice of Violation was issued on August 30, 2018. The red light time was 39.7 seconds. He had an evidence pack, video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of $258. Jermall James Rembert Notice No. 1851800187415 Officer Garafalo mentioned on July 19, 2018, at 9:23 a.m., a vehicle registered to the violator was travelling southbound on N. Congress Avenue at W Gateway Boulevard in lane four. After a review of the electronic evidence, a Notice of Violation was issued on July 27, 2018. The red light time was .7 seconds. He had an evidence pack, video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. 10 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL November 8, 2018 Jonathan Michael Simon Notice No. 1851800147808 Officer Garafalo conveyed on May 20, 2018, at 8:49 a.m., a vehicle registered to the violator was travelling southbound on N. Congress Avenue at W Gateway Boulevard in lane two. After a review of the electronic evidence, a Notice of Violation was issued on June 4, 2018. The red light time was 17.7 seconds. He had an evidence pack, video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Jaana A. Ylipelkonen Notice No. 1851800147170 Officer Garafalo indicated on May 13, 2018, at 12:01 p.m., a vehicle registered to the violator was travelling on N. Congress Avenue at W Gateway Boulevard in lane three. After a review of the electronic evidence, a Notice of Violation was issued on June 4, 2018. The red light time was .3 seconds. He had an evidence pack, video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. James Finley Notice No. 1851800158532 Officer Petriello mentioned on May 29, 2018, at 7:32 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at N. Congress Avenue in lane number two. After a review of the electronic evidence, Officer Surajbally issued a Notice of Violation on June 21 , 2018. He reviewed the video and agreed with Officer Surajbally's decision to issue the Notice of Violation. He had an evidence pack, video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Shawn Michael Pagel Notice No. 1851800146065 Officer Petriello commented on May 16, 2018, at 3:15 p.m., a vehicle registered to the violator was travelling eastbound on W Gateway Boulevard at N. Congress Avenue in the number two lane. After a review of the electronic evidence, Officer Surajbally issued a Notice of Violation on June 1 , 2018. Officer Petriello also reviewed and agreed with Officer Surajbally's decision to issue a Notice of Violation. He had an evidence pack, video and still images to play. Mr. Stokes viewed the evidence. 11 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL November 8, 2018 Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Pauline Joaa Rose Notice No. 1851800206620 Officer Petriello indicated on July 31 , 2018, at 4:12 p.m., a vehicle registered to the violator was travelling northbound on S Federal Highway at SE 23rd Avenue in the number three lane. After a review of the electronic evidence, Officer Surajbally issued a Notice of Violation on August 3, 2018. Officer Petriello reviewed video and agreed with Officer Surajbally's decision to issue a Notice of Violation. He had an evidence pack, video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. The Clerk administered an oath to Jasmine Cadette Notice No. 1851800192234 Officer Garafalo explained on July 12, 2018, at 3:33 p.m., a vehicle registered to the violator was travelling S. Congress Avenue at Woolbright Road in lane three. After a review of the electronic evidence, a Notice of Violation was issued on July 24, 2018. The red light time was .7 seconds. He had an evidence pack, video and still images to play. Mr. Stokes viewed the evidence. Ms. Cadette explained she could not see the light clearly. She wanted to see the other light. She thought the light in the video was for the turn lane noting there were two red turn arrows. She said it was unclear. Mr. Stokes explained she was travelling straight. The light that applied was over the lane. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243. Jasmine Cadette Notice No. 1851800172491 Officer Garafalo conveyed on June 15, 2018, at 4:22 p.m., a vehicle registered to the violator was travelling southbound on Congress Avenue at Woolbright Road in lane four. After a review of the electronic evidence a Notice of Violation was issued on July 10, 2018. The red light time was 1.0 seconds. He had an evidence pack, video and still images to play. Mr. Stokes viewed the evidence. 12 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL November 8, 2018 Ms. Cadette thought the lights in front of her should be clear to her and not to the side of her. Mr. Stokes explained the lights are all synchronized. The light was right over the lane and it is red. If there are other lights on the corner that are synchronized. Even if a bulb out, the other lights are red and synchronized and when the light turns red, they all turn red. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243. Gerald Cadette Notice No. 1851800175635 Officer Garafalo commented on June 19, 2018, at 7:37 p.m., a vehicle registered to the violator was travelling on S Federal Highway at SE 23rd Avenue in lane three. After a review of the electronic evidence, a Notice of Violation was issued on July 11 , 2018. The red light time was 1 .0 seconds. He had an evidence pack, video and still images to play. Mr. Stokes viewed the evidence. Mr. Cadette had no comment. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $208. Gerald Cadette Notice No. 1851800173572 Officer Garafalo indicated on June 16, 2018, at 7:33 p.m., a vehicle registered to the violator was travelling southbound S Federal Highway at SE 23rd Avenue in lane two. After a review of the electronic evidence, a Notice of Violation was issued on July 10, 2018. The red light time was 1 .7 seconds. He had an evidence pack, video and still images to play. Mr. Stokes viewed the evidence. Mr. Cadette commented the intersection was very clear. Decision Mr. Stokes reduced the fine. Ms. Cadette explained this video was very clear and it was the reason why she inquired of her video. She did not say she did not run the light, only that it was not clear to her. Mr. Stokes explained if they wanted to change their plea, he would not charge the hearing fee. Since he does not speak English well, when he got up to the podium he did not contest, which was why his fine was lower. Mr. Stokes explained his orders will be for$208. Ms. Cadette's fines will be $243 for each ticket. The ticket amount was $158. If a hearing was requested, it added $50 and at the hearing, the fine could be up to $250. Mr. Stokes only assesses $35. Mr. Stokes did not 13 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL November 8, 2018 charge him the hearing fee. Mr. Stokes explained Sergeant Hawkins sat with Ms. Cadette and she presented a defense. 6. Other business 7. City requests and reports 8. Local hearing officer requests and reports. 9. Adjournment Mr. Stokes adjourned the hearings at 11:02 a.m. Catherine Cherry Minutes Specialist 14