Engel and Martin, LLC, along with other attorneys representing motorists suing New Miami for its speed cameras have filed a motion in Butler County Common Plea Court to garnish proceeds the village is collecting from a new speed camera program.
Retired Judge Michael Sage declared New Miami’s speed cameras unconstitutional in March 2014, and the case has been in an out of the common pleas and appellate courts. The village has now asked the Ohio Supreme Court to review.
The village collected $1.8 million during the 15 months the cameras were rolling.
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Earlier this year the village reinstated cameras of a hand-held variety that are manned by patrol officers. On any given day a patrol vehicle can be seen tucked between buildings on the main drag. The village would not immediately release how much money has been collected under the new regime. Village Solicitor Dennis Adams said he hadn’t seen the garnishment motion so he couldn’t comment on it.
Josh Engel, one of the plaintiff’s attorneys, said they had no choice but to try and garnish the new revenues.
“We filed this motion to make sure that the motorists who paid citations under the scheme that the judge declared to be unconstitutional can be compensated,” Engel said. “We are concerned that New Miami will use the revenue from the new ordinance to continue an increased level of spending rather then pay back what is owed people.”