I have heard that traffic law photo monitoring using photo LIDAR is unconstitutional. I received a ticket in the mail from Girard, OH while traveling on I80 West. I did not see any signs posted that indicate the city uses photo monitoring.
Additionally, I read that a 1st offense would cost $100, but my ticket was $150, and it would be my first offense.
I also read that since this is a civil violation, it does not get sent to the state or my insurance company. If I do not pay the ticket, what are the repercussions?
I answered a similar question for another individual the other day: the constitutionality of photo enforcement cameras remains in a state of flux. In 2015, law was promulgated by the Ohio legislature in an attempt to eliminate photo enforcement cameras. However, cities, such as Akron, subsequently filed lawsuit. While that litigation plays itself out, several Ohio municipalities continue to employ traffic enforcement devices.
You are correct that a photo ticket is civil in nature-- you cannot go to jail for non-payment. As another attorney correctly noted, the repercussions you face include being sent to collections which, in turn, could cause your credit to suffer. Nevertheless, the practical reality is that these cities are dealing with a high volume of drivers refusing to pay what they perceive to be unconstitutional tickets. Unless you have been the unlucky recipient of several tickets, you are unlikely to suffer any serious consequences (beyond the occasional letter demanding payment). If, however, you start accumulating tickets, you risk a debt collection law firm dragging you to court.
Lastly, without seeing your ticket, I am unable to answer your question regarding a first offense sanction in Girard. The additional $50 could be taxes/court fees. Good luck!
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