Loading...
Minutes 01-13-21 P.M. Minutes of the Red-Light Camera Hearings Held in Commission Chambers, Intracoastal Park Clubhouse 2240 N. Federal Highway, Boynton Beach, Florida on Wednesday,January 13,2021,at 1:00 p.m. Present: James Stokes, Special Magistrate Jim Longhini, Hearing Clerk Philip Hawkins, Boynton Beach Police Sergeant Anthony Verrigni, Boynton Beach Traffic Infraction Enforcement Officer Anthony Petriello, Boynton Beach Traffic Infraction Enforcement Officer Bridgette Jones, Boynton Beach Traffic Infraction Enforcement Officer Rachael Baldino, Boynton Beach Police Officer Sunny Surajbally, Boynton Beach Police Officer Vincent Mastro, Boynton Beach Police Officer Dennis Castro, Boynton Beach Police Officer 1. Call to Order by Local Hearing Officer James D. Stokes James Stokes, Special Magistrate,opened the Red-Light Camera Hearings at 1:14 p.m. He introduced himself and explained he does not work for the City. He travels all over the State to attend these hearings and he was assigned to hear these cases. He is a neutral third party that knows nothing about the cases. He received all the information about the case at this hearing.The City puts on their case,the Respondents present their testimony,they view the video and photographs, and he makes a ruling. 2. Amendments to the Agenda 3. Approval of Minutes 4. Swear in witnesses The Minutes Specialist administered an oath to all those intending to testify. 5. Violation Hearings: Failure to comply with a steady red signal. Erick Randy Berman Notice No. 1852000254154 Officer Baldino announced on October 26,2020,at 1:06 a.m., a vehicle registered to the violator was travelling eastbound on W Woolbright Road at SW 8 1 Street in lane four. After a review of the electronic evidence, a notice of violation was issued on November, 09, 2020. The red-light time was .4. She submitted an evidence pack with a video and still pictures to submit. Messrs. Stokes and Berman viewed the evidence. Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida January 13,2021 Mr. Berman apologized as he left Officer Baldino a nasty telephone member a month ago. The document sent in the mail show both pictures supposedly of him where the red light came on and a picture of him passing through the intersection. Both pictures were in front of the stop line. He reviewed the document carefully. He commented the front axle is well in front of the line. Those second picture showed him halfway through the intersection. Using those two pictures as evidence is what prompted him to appeal the case. He thought it was clear that his rear axle was almost in front of the stop bar. On that day,the white Focus had made it clear it would be passing through the light and he hesitated. A car panics when a light first turns yellow and slammed on the brakes and then made the decision to proceed. He had the speed to make the light and the vehicle in front of him actually started slowing down,which prevented him from going through in a timely manner. He contended when one sees the two pictures of them passed the legal line,they were confusing and misleading which he was sure was a glitch. He was told outside he had the right to review his video and he could have done so. He assumed they took snapshots of the video of the red light and the intersection and they did not. He did not view the video. Mr. Stokes viewed the video again. The Focus let off their brakes. Mr. Stokes thought it would be more of a reason to stop. He understood his thoughts about the pictures, but the link to the video was included. Mr. Stokes explained his job is not to determine if the notice was artfully sent because this is not the evidence against him. It is a notice to appear, but the evidence is everything including the video and his determination, as required by statute, is basic and he is not a judge, he has to decided which side of the line the vehicle was on. Mr. Berman thought there were no exceptions. Mr. Stokes responded primarily no. In a case like this,the car in front of him braking would cause someone to stop. Mr. Berman when they see a yellow light,they have a brief period of time to make a decision and it's a reasonable amount of time to do so. He made that decision with a car traveling the speed limit in front of him, congruent with his speed. He hit the brakes and then he slowed down, had that not happened in that period of time, he would have made it, or he could have swerved, but he did not have the ability to do that due to a solid white line. Short of slamming on his brakes and stopping in the middle of the intersection, he had to make a decision. Mr. Stokes understood from a vehicle maneuvering standpoint, but he also understood but there was a 4.5 second amber light. Decision Based on the evidence which he thought was clear, Mr. Stokes upheld the violation and assessed a fine of$243 payable within 30 days. He will receive a notice in the mail. 2 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida January 13,2021 Mr. Berman asked what he should have done. Mr. Stokes explained the yellow lights signify the light is going to turn red. In this case,there was a 4.5 second warning the light would change and most cars can stop. At Mr. Berman's request, Mr. Stokes reviewed the video again. He was going 46 in a 40 and had good a separation. He explained the infraction does not go on one's driving record or impact insurance rates: it is a civil violation with a monetary fine. Mr. Berman got a Red-Light Camera ticket in the past on Old Boynton and Boynton Beach Boulevard. He thought the matter was misleading. He felt penalized for the extra cost from the picture. Everyone else's picture shows the frame going red and it was. Officer Baldino questioned why Mr. Berman did not you review the video. Mr. Berman responded he made an assumption regarding the two frames shown. Mr. Stokes explained there is no requirement in the Statute to include images in the Hearing Notice. It is done as a courtesy, but it is not considered evidence, but it encourages one to view the video. Each step in the process is more expensive. Mr. Stokes explained nowhere on the Hearing notice does it say this was evidence. Mr. Berman agreed it was his responsibility to review all the information. He noted there are 100 frames in a vide and the notice picked the two frames that show a violation occurred, but it did not happen. He is positive the software the system uses is designed to do this and has a glitch somewhere. He will pay the original fine, but he did not think it was right he had to pay the extra costs. Mr. Stokes understood as it was a common complaint. Mr. Stokes noted challenges come with costs.When they created the Statute,they provided this system could have them as well. There is nothing by Statute Mr. Stokes could do about the costs. Mr. Stokes explained he could appeal to court, but there are costs again to file the appeal. Mr. Berman noted there is no flexibility around the fine. Mr. Stokes explained the Statute is written and at some point, Mr. Berman needs to move on. Mr. Berman asked if there was anyone in the room that can help with the fines. Mr. Stokes responded there is not. If not paid, it puts a hold on the vehicle registration. If not paid when the vehicle tag comes up for renewal,they will have to pay it. If the registration is expired and he is pulled over, he will be in trouble. Mr. Berman commented there is a notion on the floor to eliminate the Red-Light Camera tickets. He asked how that would impact past fines. Mr. Stokes explained usually the Legislature passes bills prospectively. It is hard to say what will happen or if it will have retroactive qualities. Mr. Stokes recessed the Hearings at1:38 p.m. and reconvened the Hearings at 1:47 p.M. The following individuals accepted pleas: David Scott McConnell Notice No. 1852000131139 Patricia Theresa Spadaccini Notice No. 1852000131212 Selestra Dortch Alexander Notice No. 1852000115983 Bessiere Gabelus Alexis Notice No. 1852000122575 Saied Salib Ayad Notice No. 1852000111735 3 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida January 13,2021 Eric Berger Notice No. 1852000110588 Federico Martin Bucspun Notice No. 1852000121163 Nugent Wellesley Hutchins Notice No. 1852000118581 Stephen John Lucas Notice No. 1852000121338 Damla Ozel Notice No. 1852000110802 Tomako Elain Williams Notice No. 1852000121502 The following individuals paid: Henry Benjamin Wynn Notice No. 1852000082779 Lacy Marie Clemenzy Notice No. 1852000102551 Nheit Ruth Tintaya Orcon Notice No. 1852000232325 The following cases were rescheduled: Barbara Jean Lucky Notice No. 1852000121387 The following cases were dismissed: Steven Douglas Golembioski Notice No. 1852000072218 Oneeighty for girls Inc. Notice No. 1852000079775 The following individuals were not present for their cases: Christopher Lewis Deen Notice No. 1852000130644 Officer Surajbally explained on May 18,2020, at 1: 59 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at Seacrest Boulevard in lane three.After a review of the electronic evidence, a notice of violation was issued on May 28, 2020. The red-light time was .6. He had an evidence packet with a video and still images he submitted to the court. Mr. Stokes viewed the evidence. Decision Based on the violator not present and evidence, Mr. Stokes upheld the violation and assessed a fine of$258. Syndia Joseph Notice No. 1852000040066 Officer Surajbally stated on January 22,2020, at 2:29 p.m.,a vehicle registered to the violator was travelling on SW NW 8 1 Street at W Boynton Beach Boulevard in lane one. After a review of the electronic evidence,a notice of Violation was issued on February 10.2020.The red-light time was 1.0. He had an evidence pack with video and still images he submitted. Mr. Stokes viewed the evidence. 4 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida January 13,2021 Decision Based on the violator not present and evidence, Mr. Stokes upheld the violation and assessed a fine of$258. James Murzike Notice No. 1852000094113 Officer Jones. Boynton Beach Police Department commented on March 15,2020, at 12:31 p.m., a vehicle registered to the violator was travelling a on BBB and Seacrest Boulevard in lane one.After a review of the electronic evidence, a notice of violation was issued on March 30, 2020. The red-light time was .7. She had an evidence pack with a video and sill images to play. Mr. Stokes viewed the evidence. Decision Based on the violator not present and evidence, Mr. Stokes upheld the violation and assessed a fine of$258. Sherryon Lashay White Notice No. 1852000197130 Officer Jones conveyed on August 10,2020, at 8:50 p.m., a vehicle registered to the violator was travelling on S. Congress Avenue at Woolbright Road in lane one.After a review of the electronic evidence, a notice of violation was issued on September 3, 2020. The red-light time was 94.9. She had an evidence pack with a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Rojay Johnson Notice No. 1852000213317 Officer Petriello mentioned on September 2,2020,at 12:59 p.m., a vehicle registered to the violator was travelling southbound on South Federal Highway at SE 23rd Avenue in lane two.After a review of the electronic evidence, Officer Petriello determined a violation occurred and a notice of violation was issued on September 21,2020. He had an evidence pack with a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. 5 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida January 13,2021 Sarah Nicole Killian Notice No. 1852000083827 Officer Petriello indicated on March 6,2020,at 6:59 a.m., a vehicle registered to the violator was travelling southbound on South Federal Highway at SE 23rd Avenue in lane two.After a review of the electronic evidence, Officer Petriello determined a violation occurred and a notice of violation was issued on March18,2020. He had an evidence pack with still images to play. Mr. Stokes viewed the evidence Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Luis Alberto Tavarez Notice No. 1852000062276 Officer Petriello advised on February 13,2020 at 7:36 p.m.,a vehicle registered to the violator was travelling southbound on South Federal Highway at SE 23rd Avenue in lane two. After a review of the electronic evidence, Officer Petriello determined a violation occurred and a notice of violation was issued on March 2,2020. He had an evidence pack with a video and still images to play. Mr. Stokes viewed thee evidence. Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Amnete Ashley Vazqez Lopez Notice No. 1852000079973 Officer Petriello mentioned on March 2,2020, at 10:26 a.m.,a vehicle registered to the violator was travelling northbound on South Federal Highway at SE 23rd Avenue in lane three. After a review of the electronic evidence, Officer Petriello determined a violation occurred and issued a notice of violation on March 13,2020. He had an evidence pack with a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Carolyn Sue Birnbach Notice No. 1852000134539 Officer Verrigini commented on May 24, 2020, at 5:17 p.m. a vehicle registered to the violator was travelling southbound on NW 8 I Street at W Boynton Beach Boulevard in lane one. After a review of the electronic evidence, Officer Verrigini issued a notice of violation on June 3, 2020. The red-light time was 1.9. He had an evidence pack and 6 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida January 13,2021 video with still images to play. The respondent was not present. Mr. Stokes viewed the evidence. Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Christopher Lewis Deen Notice No. 1852000130644 Mr. Stokes recalled Notice No. 1852000130644, Christopher Lewis Deen, as it was learned he took a plea. Mr. Stokes reduced the fine to $158. Ashford Cordell Brown Notice No. 1852000098247 Officer Verrigini declared on March 21,2020,at 8:05 a.m.,a vehicle registered to the violator was travelling eastbound on Woolbright Road at SW 8th Street in the number four straight lane.After a review of the electronic evidence, Officer Verrigini determined a violation occurred and issued a notice of violation on April 1,2020. The red-light time was .6. He had an evidence pack with a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the violator not present and based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Peter Scott Cusell Notice No. 1852000100027 Officer Verrigini recalled on March 24,2020, at 12:12 p.m., a vehicle registered to the violator was travelling southbound on South Federal Highway at SE 23rd Avenue in the number two straight lane. After a review of the electronic evidence, Officer Verrigini determined a violation occurred and issued a notice of violation on April 0,2020. He had an evidence pack with a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Hard Drives of Delray Inc. Notice No. 1852000107196 Officer Verrigini commented on May 4, 2020, at 1:54 p.m., a vehicle registered to the violator was travelling southbound on SE 23rd Avenue in the number two straight lane. After a review of the electronic evidence, Officer Verrigini determined a violation 7 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida January 13,2021 occurred and issued a notice of violation on May 24, 2020. The red-light time was .6. He had an evidence pack with a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the violator not present and based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Hard Drives of Delray Inc. Notice No. 1852000121908 Officer Verrigini conveyed on April 6,2020, at 7:34 a.m. a vehicle registered to the violator was travelling southbound on South Federal Highway at SE 23rd Avenue in lane two. After a review of the electronic evidence, Officer Verrigini determined a violation occurred and issued a notice of violation on April 14, 2020.The red-light time was 1.9. He had an evidence pack with a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Hard Drives of Delray Inc. Notice No.1852000113632 Officer Verrigini conveyed on April 13,2020, at 9:52 a.m., a vehicle registered to the violator was travelling northbound on Federal Highway at SE 23rd lane two.After a review of the electronic evidence, Officer Verrigini determined a violation occurred and a notice of violation was issued April 28,2020. The red-light time was .6. He had an evidence pack with a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Hard Drives of Delray Inc. Notice No. 185200011624 Officer Verrigini mentioned on April 13,2020,at 8:48 a.m., a vehicle registered to the violator was travelling southbound on Federal Highway at SE 23rd Avenue in lane two. After a review of the electronic evidence, Officer Verrigini determined a violation occurred and the notice of violation was issued on April 28,2020 The red-light time was 1.0. He had an evidence pack with a video and still images to play. Mr. Stokes viewed the evidence. 8 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida January 13,2021 Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Hard Drives of Delray Inc. Notice No. 1852000113657 Officer Verrigini advised on April 13,2020, at 11:05 a.m., a vehicle registered to the violator was travelling n on Federal Highway at SE 23rd Avenue in the number three straight lane.After a review of the electronic evidence, Officer Verrigini determined a violation occurred and a notice of violation was issued on April 28,2020. The red-light time was .8 seconds. He had an evidence pack with a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Joseph W.Jakonczuk Notice No. 1852000102866 Officer Verrigini mentioned on March 28,2020,at 7:24 a.m., a vehicle registered to the violator was travelling eastbound on Gateway Boulevard at Congress Avenue in number two left turn lane. After a review of the electronic evidence, Officer Verrigini determined a violation occurred and a notice of violation was issued on April 8, 2020.The red-light time was 2.9 seconds. He had an evidence pack with a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Shari Lyn Laben Crispino Notice No. 1852000113293 OV advised on April 2,2020, at 12:13 p.m., a vehicle registered to the violator was travelling southbound on Federal Highway at SE 23rd Avenue in the number two straight lane.After a review of the electronic evidence, Officer Verrigini determined a violation occurred and a notice of violation was issued on April 10,2020. The red-light time was .5 seconds. He had an evidence pack with a video and still images to play. Mr. Stokes i commenced[0]: viewed the evidence. Decision 9 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida January 13,2021 Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Daniel E. Laskowski Notice No. 1852000113293 Officer Verrigini announced on April 17,2020, at 12 p.m., a vehicle registered to the violator was travelling eastbound on Woolbright Road at SW 8 I Street in the number four straight lane.After a review of the electronic evidence, Officer Verrigini determined a violation occurred and a notice of violation was issued on April 24,2020.The red-light time was .8 seconds. He had an evidence pack with a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Rachel Ann Metzger Notice No. 1852000132152 Officer Verrigini stated on May 22,2020,at 4:36 a.m.,a vehicle registered to the violator was travelling eastbound on Woolbright Road at SW 8th Street, in the number two lane. After a review of the electronic evidence, Officer Verrigini determined a violation occurred and a notice of violation was issued on May 29, 2020.The red-light time was .4 seconds. He had an evidence pack with a video and still images to submit. Mr. Stokes viewed the evidence. Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. Pig-Sty BBQ LLC Notice No. 1852000228398 Officer Verrigini conveyed on September 21, 2020,at 5:03 p.m., a vehicle registered to the violator was travelling southbound on Federal Highway at SE 23rd Avenue in the number two straight lane.After a review of the electronic evidence, Officer Verrigini determined a violation occurred and a notice of violation was issued on October 16, 2020. He had an evidence pack with a video and still images to submit. Mr. Stokes viewed the evidence. Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. 10 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida January 13,2021 Thomas Conor Waters Notice No. 1852000098940 Officer Verrigini stated on May 22,2020.at 10:44 a.m.,a vehicle registered to the violator was travelling southbound on Federal Highway at SE 23rd Avenue in the number three straight lane.After a review of the electronic evidence, Officer Verrigini determined a violation occurred and a notice of violation on April 1,2020. The red-light time was 1.5. He had an evidence pack with a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the violator not present and the evidence presented, Mr. Stokes upheld the violation and assessed a fine of$258. 6. Other business 7. City requests and reports 8. Local hearing officer requests and reports 9. Adjournment The docket was completed. Mr. Stokes adjourned the hearings at 2:30 p.m. Catherine Cherry Minutes Specialist 11