[00:00:01]
[CALL TO ORDER]
WELCOME TO THE CITY OF PALM BAY. THE SCHOOL ZONE SPECIAL MAGISTRATE.ADMINISTRATIVE HEARINGS FOR THE SCHOOL ZONE SPEED ENFORCEMENT PROGRAM.
AT THIS TIME, I'LL ASK EVERYBODY TO SILENCE YOUR ELECTRONIC DEVICES.
HERE'S THE PROCESS AND HERE'S HOW IT WORKS. YOUR CASE WILL BE ANNOUNCED WHEN YOUR CASE IS ANNOUNCED.
PLEASE COME FORWARD TO THE PODIUM. THE CITY WILL THEN PRESENT THE EVIDENCE.
THE POLICE DEPARTMENT REPRESENTATIVE WILL PRESENT EVIDENCE ON YOUR CASE.
YOU WILL HAVE AN OPPORTUNITY TO REBUT THE EVIDENCE AND EXPLAIN WHAT YOU BELIEVE OCCURRED.
I MAY ASK YOU QUESTIONS OR HEAR TESTIMONY FROM OTHER WITNESSES IF NECESSARY.
IF THE VIOLATIONS ARE UPHELD, THERE IS A MANDATORY STATUTORY PENALTY OF $100 FOR THE VIOLATION PER FLORIDA STATUTE, THE VIOLATION WILL NOT RESULT IN POINTS BEING ASSESSED AGAINST YOUR LICENSE OR AFFECT YOUR MOTOR VEHICLE INSURANCE RATE.
YOU WILL THEN, IF IT IS UPHELD, YOU WILL HAVE A RIGHT TO APPEAL.
YOU WILL HAVE 30 DAYS FROM THE DATE OF MY ORDER TO APPEAL MY DECISION TO THE CIRCUIT COURT.
ANY PERSON WHO DECIDES TO APPEAL THE DECISION WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE WHICH UPON THE CASE WAS BASED UPON.
IF THE VIOLATION IS DISMISSED, YOU WILL HAVE NO FURTHER OBLIGATIONS IN THIS MATTER.
[ADOPTION OF MINUTES]
FIRST ORDER OF BUSINESS IS I'M GOING TO APPROVE THE MINUTES OF THE MEETING FROM MAY 13 TO 20, 2025. OKAY. WELL. FIRST CASE.[HEARINGS]
FIRST CASE. CITATION NUMBER 2030 8000 4726 7254 ANNE MARIE FRAZIER.OKAY. GOOD MORNING. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
YES. GOOD MORNING, ANNE MARIE FRASER, 451 OCEANSIDE STREET, SOUTHWEST PALM BAY, FLORIDA, 32908.
THANK YOU. OKAY. THE CITY READY TO PRESENT. OH.
I'M SORRY. YOU'RE GOING TO BE YOUR WITNESS AT YOUR HEARING, CORRECT? CORRECT. SO THEY'RE GOING TO SWEAR YOU IN. OKAY.
AND THE OFFICER, IF YOU CAN PLEASE RAISE YOUR RIGHT HAND. OKAY. SORRY.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? YES. OKAY.
AND FOR THE CITY PRESENTING WE NEED TO SWEAR HIM TO.
OKAY. THERE WE GO. CAN YOU PLEASE RAISE YOUR RIGHT HAND? DO YOU SWEAR TO TELL THE TRUTH, WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO. AND FOR THE RECORD.
AND THAT HE WILL ONLY HAVE TO BE SWORN IN ONCE.
AND YOU WILL KEEP THAT SWORN OATH FOR THE FOR THE REST OF THE MORNING.
CORRECT? CORRECT. THANK YOU. OKAY. ARE YOU READY TO PRESENT? YES WE ARE. OKAY. OKAY. CAN YOU PLEASE STATE YOUR NAME FOR THE RECORD? EDWARD BERMUDEZ, PLEASE STATE YOUR POSITION WITH THE CITY.
I'M A SERGEANT WITH THE TRAFFIC UNIT. OKAY. CAN YOU PLEASE ENTAIL.
WHAT? THAT WHAT? YOUR POSITION ENTAILS? EVERYTHING TRAFFIC RELATED UNDER THE SUN.
OKAY. ARE YOU FAMILIAR WITH THE CITATION? THAT IS THE SUBJECT MATTER OF THIS HEARING.
I AM. ARE YOU A RECORDS CUSTODIAN FOR THE CITY? I AM. DO YOU HAVE PERSONAL KNOWLEDGE REGARDING THESE BUSINESS RECORDS? I DO, OKAY. AND HOW ARE YOU FAMILIAR WITH THESE RECORDS? AS THE TRAFFIC SUPERVISOR, I WAS ASSIGNED THE TASK OF OVERSEEING THE PROJECT IMPLEMENTATION.
OKAY. AND OKAY, I'M GOING TO GO OVER SOME OF THESE.
[00:05:03]
THE WHAT YOU ARE PRESENTING AT THIS HEARING TODAY.LOOK AT THE SCREEN. I GUESS I'LL PRESENT THIS AS CITY'S EXHIBIT A, CAN YOU PLEASE PROVIDE YOU STATE FOR THE RECORD WHAT THIS ITEM, WHAT CITIES EXHIBIT A IS. IT'S THE NOTICE OF VIOLATION PREPARED BY THE READ SPEED PROGRAM.
WITH THE NOTICE NUMBER OF THE HEARING TODAY. OKAY.
IS IT IS THIS A CONTINUATION OF EXHIBIT A? IT IS.
IT'S THE BACK OF THE FORM THAT'S PROVIDED TO THE VIOLATORS.
OKAY. AND THIS WILL BE CITY'S EXHIBIT B. CAN YOU PLEASE IDENTIFY THIS DOCUMENT FOR THE RECORD? I GOTTA GET DOWN TO THAT ONE. OH, YOU CAN YOU CAN GO BY THIS.
I THINK ALSO SO YOU CAN ALSO VERIFY BY MY SCREEN.
THIS IS THE NOTICE OF ADMINISTRATIVE HEARING REQUEST.
AND THAT'S SENT TO THE VIOLATOR FOR APPEARANCE TODAY.
OKAY. AND THIS WOULD BE CITY'S EXHIBIT C. THAT IS JUST A BREAKDOWN OF THE EVIDENCE REPORT THAT THE VIOLATION ENTAILS. JUST AN OVERVIEW OF THE INFORMATION.
OKAY. AND THAT IS A DATA LOG OF THE DIFFERENT EVENTS AND OF USERS OF THE VIOLATION EVIDENCE REPORT. OKAY. AND THIS WOULD BE CITY'S D. THAT IS THE SELF TEST AT THE DEVICE IN QUESTION CONDUCTED ON ITS OWN THE DAY OF THE VIOLATION AND THE DAY AFTER THE VIOLATION.
OKAY. AND THAT'S THE CITY'S E THAT IS THE CERTIFICATION OF THE DEVICE THAT SHOWS THE DATES WHEN IT WAS ORIGINALLY CERTIFIED AND WHEN THAT CERTIFICATION EXPIRES. OKAY. CAN YOU EXPLAIN THE PROCESS BY WHICH THE CITY RECEIVES THE CITATION INFORMATION FROM THE THE, THE CAMERA MECHANISM AND THEN INCORPORATES THEM INTO OUR INTO THE CITY'S RECORDS? YEAH. THE VIOLATION IS CAPTURED BY REMOTELY BY A DEVICE PLACED AND OPERATED AND MAINTAINED BY THE RED SPEED CAMERA SYSTEM COMPANY. THEY IN TURN, PROCESS IT THROUGH THEIR INTERNAL PROCESS OR PROCEDURES, WHERE THEY HAVE REVIEWERS ON THEIR END VERIFY THAT THE INFORMATION IS CORRECT, ACCURATE AND SUBSTANTIAL FOR A VIOLATION.
THEY THEN TRANSMIT THAT INFORMATION TO THE POLICE DEPARTMENT FOR A USER, AN AUTHORIZED USER OF THE POLICE DEPARTMENT, TO THEN REVIEW AND MAKE THE FINAL DETERMINATION OF THE VALIDITY OF THE VIOLATION.
OKAY. I'M GOING TO SHOW YOU. THIS IS WHAT IS WOULD BE CITY'S EXHIBIT F.
AND WHERE IS THIS? WHERE IS THE SCREEN CAPTURE ORIGINATE FROM? ACTUALLY, IT HAS A TIME DATE STAMP AT THE BOTTOM OF IT.
I DON'T KNOW IF YOU CAN SEE IT THROUGH THE WINDOW THERE, BUT IT ACTUALLY SHOWS YOUR.
IT INDICATES TO YOU THAT IT IS. I'M SORRY. IT'S.
EASTBOUND ON JUPITER BOULEVARD AT SOUTHWEST MIDDLE SCHOOL.
AND ALSO JOHN TURNER TAKEN ON THE 1ST OF APRIL AT 9:47 A.M..
I WISH IT WOULD NOT DO THAT AND ALSO INDICATE I'M SORRY.
AND ALSO INDICATES THE SPEED LIMIT AT THE TIME AND THE SPEED OF THE VIOLATION.
OKAY. I CAN DO THIS. THERE WE GO. OKAY.
AND THIS IS THIS VIDEO ORIGINATES FROM THE CAMERA THAT'S LOCATED ON ON THE THE SYSTEM.
CORRECT? THAT'S CORRECT. OKAY. SO DOES THE TAG ON THE VEHICLE THAT'S REPRESENTED ON THE VIDEO MATCH, THE TAG THAT WAS EXHIBITED AS PART OF CITIES EXHIBIT A IN THE NOTICE OF VIOLATION. IT DOES. FLORIDA TAG 0866A WAS CAPTURED BY THE VIDEO CAMERA AND IT MATCHES THE DESCRIPTION OF THE VEHICLE, PER THE FLORIDA DEPARTMENT OF MOTOR VEHICLES RECORD.
AND WHO IS THE REGISTERED OWNER OF THE VEHICLE? A ANAMARIE FRAZIER. AND WHAT IS THE TIME, DATE AND LOCATION OF THE VIOLATION? THE TIME OF THE VIOLATION IS 9:47 A.M.. THE DATE IS APRIL 1ST, 2025, AND THE LOCATION IS IN THE EASTBOUND LANE OF JUPITER BOULEVARD FOR THE SOUTHWEST, MIDDLE AND JOHN F TURNER ELEMENTARY SCHOOL.
[00:10:05]
SCHOOL ZONE. IS THAT LOCATION WITHIN A SCHOOL ZONE? IT IS. IS THAT LOCATION WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BAY? IT IS. AND WHAT IS THE POSTED SPEED LIMIT ON THIS ROAD AT THAT TIME? AT THE TIME OF THE VIOLATION, THE SPEED LIMIT WOULD HAVE BEEN DURING SCHOOL ZONE HOURS AT 20 MILES AN HOUR.OKAY. AND WHAT WAS THIS VEHICLE'S SPEED? 35 MILES AN HOUR.
OKAY. AND HAS THIS CAMERA BEEN PROPERLY TESTED AND CERTIFIED? THAT IS ACCORDING TO THE CERTIFICATION AND THE TEST AT THE BOTTOM OF THE PACKET THAT WE INDICATED PRIOR.
OKAY. NOW, ALL THE ITEMS THAT I PREVIOUSLY SHOWED THAT WOULD BE EXHIBIT CITY'S EXHIBITS A THROUGH F, ARE THESE RECORDS RETAINED AND STORED IN THE NORMAL AND USUAL COURSE OF BUSINESS FOR THE CITY? THEY ARE OKAY AT THIS POINT. I'D LIKE TO MOVE THOSE EXHIBITS A THROUGH F INTO EVIDENCE.
AND THERE ARE NO FURTHER QUESTIONS. SO MOVED.
THANK YOU. DO YOU HAVE ANY QUESTIONS FOR THE CITY? YES I DO. OKAY. FIRST QUESTION WOULD LIKE TO FIND OUT THE TIME OF THE SCHOOL ZONE.
THE SCHOOL ZONE ITSELF. THERE'S ACTUALLY VARIABLE TIMES.
IT DEPENDS ON WHAT DAY OF THE WEEK FOR THIS DAY SPECIFICALLY, WHICH WOULD HAVE BEEN A TUESDAY.
AND I'LL GO THROUGH THE, THE THE HOURS. THE SCHOOL ZONE HOURS FOR TURNER ELEMENTARY AND SOUTHWEST ARE AS FOLLOWS.
7 A.M. TO 8 A.M. FOR TURNER ELEMENTARY AND 9 A.M.
TO 10 A.M. FOR SOUTHWEST MIDDLE. OKAY, AND WHERE IS THAT POSTED? WHERE ARE THE TIMES POSTED? THEY DON'T NEED TO BE POSTED OR THEY'RE PART OF THE PROCESS OF THE FLASHERS WHEN THE FLASHERS ARE OPERATING.
THAT INDICATES THE THE PROCEDURE FOR THE SCHOOL ZONE, MILES AND HOUR TO BE AFFECTED.
IS THERE A FLASHER? WHEN YOU TURN FROM OFF OF ELGIN ONTO JUPITER, WHICH DIRECTION? WHEN YOU'RE COMING FROM THE NORTHBOUND. SORRY.
THERE IS. OKAY. WELL, I DIDN'T SEE THE FLASHER.
I DON'T DRIVE THAT WAY. NO NO NO NO. OKAY. NO TESTIMONY YET.
IS THERE POSSIBLE FOR ME TO GET A COPIES OF THE EVIDENCE OF THE EXHIBITS THAT YOU ALL SHOWED? I THINK IT WAS EXHIBIT C. I WANTED TO TAKE A LOOK AT THAT.
THAT ONE? NO. UP THERE. IT'S PUBLIC. SHE CAN LOOK AT IT.
SO, YES, WE COULD PRESENT A COPY. I DON'T HAVE A COPY UP HERE TO GIVE HER.
IT WOULD BE PAGE FIVE, I ASSUME. RIGHT THERE. IF YOU CAN ZOOM IN, PLEASE.
THE SCREEN HAS IT ON THERE NOW, WHICH IS THE PACKET THAT THEY HAVE.
YEAH. I WANT TO SEE THAT SPECIFIC SHEET. IS THERE ANY SPECIFIC THING YOU WANT TO LOOK AT TO SHOW THE COURT? I GUESS I'M LOOKING AT THE REGISTERED OWNER FOR THE VIOLATION INFORMATION.
WHOSE NAME IS THAT? WHICH WHICH WOULD BE MISS WILLIAMS. CORRECT. I DON'T KNOW WHO THAT IS. THE REGISTERED OWNER.
OKAY. WHO IS THE REGISTERED OWNER OF THE VEHICLE? MYSELF. WHICH HE ALSO. OH, THAT WAS THE TESTIMONY I HEARD.
CORRECT. SO THAT'S WHY I'M LOOKING AT LOOKING AT THIS PAPER RIGHT NOW.
AND I, I SEE A NAME THAT DOES NOT MATCH TO BE TRUE OR CORRECT.
SEE, THE CITY HAVE TO REVIEW THAT AND SEE WHAT THEY HAVE AS REGISTERED ON IT VERSUS AS A DRIVER.
IT SHOWS TITLE AND REGISTRATION OWNERSHIP TO ANNE MARIE FRAZIER ONLY.
OKAY. ON THE PACKET THAT YOU JUST SUBMITTED AS EVIDENCE, IS THERE ANY DIFFERENT INDICATION OF WHO THE REGISTERED OWNER IS? IT IS. OKAY. AND WHO'S REGISTERED ON ON THE PACKAGE THAT YOU ON THE PACKET ITSELF? ON THE NOTICE OF VIOLATION, IT DOES INDICATE THE CORRECT NAME.
ANNE MARIE FRAZIER. RIGHT? OKAY. WHAT NAME DOES IT REFLECT? I'M SORRY. DOES IT REFLECT A DIFFERENT NAME YOU'RE SAYING? NO, NO. THE THE NOTICE OF VIOLATION, THE FIRST PAGE, WHICH IS WHAT THE VIOLATOR THEMSELVES RECEIVED, IS THE CORRECT NAME ANNE MARIE FRAZIER. OKAY, NOW THE PACKET SUBMITTED.
I'M WONDERING ABOUT THAT. IS THERE A DIFFERENT.
WELL, THAT'S THE THE EVIDENCE EXHIBIT C, WHICH IS OUR EVIDENCE REPORT.
THAT'S AN INTERNAL CITY OF PALM BAY DOCUMENTATION.
BUT IT'S NOT A NOTIFICATION. SO IT'S NOT IT'S NOT REALLY.
[00:15:03]
IT'S AN INTERNAL REPORT CREATED BY THE CITY. HOWEVER, ALL THE RECORDS ARE INDICATE CLEARLY THAT THE NOTICE OF VIOLATION STATES ANNE MARIE FRAZIER AS THE REGISTERED OWNER. STATE RECORDS SHOW ANNE MARIE FRAZIER AS THE AS THE REGISTERED OWNER, TYING THAT TAG TO THAT OWNER. SO IS THERE A CORRECTION NEED TO BE MADE IN THE PACKET? NO, THERE'S NO NEED. NO, THERE'S NO NEED TO CORRECT TO BE CORRECT.NEEDED TO BE DONE TO THE PACKET. IT SAID THIS THIS THE ONE DOCUMENT.
THIS INFORMATION WHERE THAT NAME CAME FROM, I DO NOT THINK THIS CREATES A SUBSTANTIVE ISSUE.
THIS IS AN INTERNAL THIS VIOLATION EVIDENCE REPORT IS AN INTERNAL IS AN INTERNAL CITY DOCUMENT.
THAT'S NOT THAT'S NOT DEPENDENT UPON THE INFORMATION PROVIDED RELATIVE TO THE VIOLATIONS.
AND THE CITY TESTIFY THAT ALL NOTICES WERE PROPERLY SENT TO MISS FRAZIER.
YES. OKAY. ANY OTHER QUESTIONS REGARDING A FOLLOW UP ON OUR NO QUESTIONS.
MORE SO STATEMENTS, BUT NO QUESTIONS. OKAY. IT'S YOUR OPPORTUNITY TO PRESENT YOUR DEFENSE.
I THINK THAT THAT SHOULD BE SOMETHING THAT SHOULD BE REVIEWED AND DETERMINED TO BE CORRECT, WHETHER IT BE INTERNAL OR EXTERNAL OR ANYTHING RELATED TO THE VIOLATION, BECAUSE IT IS A PART OF THE PROCESS AND IT IS AN EXHIBIT, MY PERSONAL OPINION AND SOMETHING THAT I WOULD LIKE TO SEE. MY DEFENSE, AS I STATED, I DON'T GENERALLY DRIVE THAT WAY.
I KNOW THAT THE MIDDLE SCHOOLS GENERALLY START AT 930.
BY THAT 947 I DID BELIEVE THAT IT WAS THAT THE TIME ZONE WAS OVER.
I DID NOT SEE A FLASHING LIGHT. I CAN ATTEST TO THAT.
SO QUITE HONESTLY, BEING QUITE FRANK, WE HAVE DETERMINED THAT THIS PROCESS OR WHATEVER IT IS TO BE UNDER EVALUATION AT THIS POINT BEING BEING THE REASON WHY CHIEF HAS TURNED OFF THE CAMERAS AT THIS POINT BECAUSE SOMETHING IS GOING ON AND SOMETHING IS WRONG.
SO I'M REALLY NOT TOO SURE WHY. VIOLATORS, IF YOU ALL ARE SAYING THAT THEIR VIOLATIONS ARE BEING REVIEWED OR ANYTHING OF THAT LINE, IF YOU GUYS HAVE ALREADY TURNED THEM OFF DETERMINING THAT THERE IS A PROBLEM. OKAY, SO JUST TO BE CLEAR, IF THERE'S A SIGN WITH TIMES ON IT THAT DOESN'T MATTER IF THE LIGHTS ARE BLINKING OR NOT, THEN THE SIGNS, THEN THE TIMES HAVE TO BE OBEYED. IF THE LIGHTS ARE BLINKING, THEN THE LIGHTS HAVE TO BE OBEYED, EVEN IF THEY DON'T MATCH THE SIGNS. SO IF AND THEN.
I KNOW RECENTLY THE TESTIMONY, AT LEAST FROM THE CITY, IS THAT THE TIME IS FROM 9 TO 10 A.M.
AND YOUR VIOLATION WAS AT 947, AND THEY HAD YOU 35 TO 15MPH OVER THE SPEED LIMIT.
I WOULD NEED SOME KIND OF LEGAL DEFENSE RIGHT NOW.
AND THAT'S UNDERSTOOD. AND WHAT I WAS. AND AS I'M STATING, I KNOW THAT.
AND THE THE EXPECTATION IS DIFFERENT THAN THE SCHOOL ZONE OF THAT 10 A.M.
NOW IT CHANGED TO THAT 7:07 A.M. TO 445. LIKE, THERE ARE A LOT OF CHANGES THAT ARE GOING ON.
AND REALISTICALLY A LOT OF CHANGES THAT ARE GOING ON AND WE ARE ALL TRYING TO MAINTAIN, WE'RE ALL TRYING TO MAKE SURE THAT WE'RE ADHERING TO THEM. AND THE REALITY OF IT IS, IS THAT WE HAVE DETERMINED THAT THE PROGRAM IS NOT WORKING.
SO THAT IS MY THING. THERE THERE ARE PLENTY OF THINGS THAT HAVE GONE WHERE IT'S NOT CLOCKING CORRECTLY, WHERE IT WASN'T CALIBRATED CORRECTLY AND THINGS ALONG THAT LINE.
IT SHOWS THAT IT WAS CLOCKED THE IT SHOWS THAT THE SIGNS WERE TESTED.
AND IT ALSO SHOWED THAT THE PHYSICAL SIGNS ARE OFF THE EVIDENCE.
AND IF THAT IS CORRECT, THEN AGAIN, MY POSITION, WHY IS IT THAT WE'RE TURNING THEM OFF? IF THEY'RE WORKING CORRECTLY AND WE'RE GETTING WHAT WE PAID FOR, THEN THEY WOULD NOT BE TURNED OFF TO REEVALUATE AS AN ISSUE.
ARE YOU DONE? CORRECT. YES. DOES HE HAVE ANYTHING ELSE TO PRESENT? NO. OKAY. BASED UPON THE EVIDENCE PRESENTED, I FIND THAT IN NOTICE 2030 8000 4726 7257 BASED UPON THE TESTIMONY AND EVIDENCE PRESENTED THAT THE SCHOOL ZONE VIOLATION TO BE UPHELD. I ORDER THAT THAT ANNE MARIE FRAZIER PAY THE SCHOOL ZONE SPEED FINE OF $100.
THERE IS NO ADMINISTRATIVE FEE. SO IT'S GOING TO BE THE SAME AMOUNT.
[00:20:03]
THE TOTAL FINE IS $100 TO BE PAID WITHIN 30 DAYS.THIS MAY NEGATIVELY IMPACT YOUR CREDIT SCORE AND MAY AFFECT IT AND HAVE ADDITIONAL FEES.
THAT IS YOUR CASE. IF YOU HAVE ANY QUESTIONS.
NO, I AM SORRY, BUT THANK YOU FOR BEING HERE THIS MORNING.
YEAH, AND APPRECIATE IT. THANK YOU. I HAVE LOTS MORE TO SAY, BUT THANK YOU.
THANK YOU. OH. I NEED A PASSWORD FOR MY COMPUTER. IT'S SHUT DOWN AND LOCK ME OUT.
I COULD DO THIS AT THE END. I JUST WRITE EVERYTHING DOWN.
[00:25:49]
OKAY.OKAY. READY FOR SERRANO? CITATION NUMBER 2030 8000 4759 3396 MONIQUE THOMAS. SHE IS NOT PRESENT.
NO. WE'RE SKIPPING OVER THAT ONE. DOING THAT AT THE END. WE'RE DOING SERRANO NEXT.
OKAY. WHICH IS 2030 8000 4741 2643 AB. SERRANO.
OKAY. BEFORE YOU START, PLEASE SWEAR THE WITNESS IN.
SIR, CAN YOU PLEASE RAISE YOUR RIGHT HAND? RAISE YOUR RIGHT HAND.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES, MA'AM. OKAY. PLEASE TALK INTO THE MICROPHONE AND TELL ME YOUR NAME AND ADDRESS, PLEASE.
MY NAME IS FELIX MELENDEZ. MY ADDRESS IS 461 DELGADO STREET, PALM BAY, FLORIDA.
OH, OKAY. I OF COURSE, YOU HAVE TO GET CLOSER TO THE MIC.
I CAN'T HEAR YOU. THANK YOU, I APPRECIATE THAT.
AND WHAT WAS YOUR NAME AGAIN? FELIX MELENDEZ.
FELIX. MIRANDA. OKAY. WHERE'S MISS SERRANO? IS SHE HERE THIS MORNING? NO, MY MOTHER'S IN THE HOUSE WITH HER GRANDCHILDREN.
SHE'S IN THE FIRST STAGES OF DEMENTIA, SO. OKAY.
IT'S MY VEHICLE, THOUGH. SO YOU'RE NOT AN ATTORNEY, CORRECT? EXCUSE ME? YOU'RE NOT AN ATTORNEY? NO, NO, NO, NO, I'M A SON. AND YOU'RE NOT REPRESENTING HER. YOU CAN'T REPRESENT HER AT THIS. NO, NO.
YOU UNDERSTAND THAT? YES, I UNDERSTAND. SO ARE YOU HERE TO ASK FOR A CONTINUANCE OF THIS HEARING? IF POSSIBLE? POSSIBLE. OKAY. CAN YOU THE CITY HAVE ANY OPPOSITION TO A CONTINUANCE? NO. OBJECTION. OBJECTION. WITH A 30 DAY. YEAH, THAT'LL BE FINE.
OKAY. NO PROBLEM. 30. IT'S JUST I WAS TRYING TO GET HER HERE, BUT SHE DIDN'T WANT TO COME.
HOLD ON A SECOND. WHAT DATE WOULD THAT BRING US TO? OR WHAT DATE IS NEXT HEARING, LET'S SAY, TO THE NEXT HEARING. NEXT AVAILABLE HEARING DATE OR THE NEXT HEARING DATE ALTOGETHER.
NEXT. NO. NEXT HEARING DATE. WE'RE JUST GOING TO THE NEXT HEARING DATE.
THAT WOULD BE JULY 8TH OF 2025 AT 10 A.M.. THAT WOULD BE WE'RE GOING TO GRANT ONE CONTINUANCE.
THAT WILL BE TIME. BUT PLEASE MAKE SURE SHE'S HERE NEXT COURT DATE OR NEXT DATE? JULY 8TH AT 10:00. TEN IN THE MORNING HERE. BUT MAKE SURE SHE'S HERE BECAUSE WE'RE NOT GOING TO GRANT ANY MORE CONTINUANCES.
I'LL MAKE SURE SHE'S HERE. OKAY. THANK YOU, THANK YOU.
IS THAT THEY CONFIRM WITH EVERYBODY. IT IS. OKAY.
[00:30:31]
OKAY.OKAY. NEXT CASE I HAVE IS HABEN. OKAY. SO CITATION NUMBER 2030 8000 4731 1690 JOHN HADDEN, CAN YOU PLEASE COME TO THE PODIUM? OKAY. CAN YOU RAISE YOUR RIGHT HAND? DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? OKAY. PLEASE STATE YOUR NAME AND ADDRESS.
JOHN, THIS WILL BE CLOSER TO THE MIC, PLEASE.
JOHN, GEORGE AND JOHN AND I W H D D A D I N OKAY.
AND YOUR ADDRESS. 2812 MANOR DRIVE.
32904. PALM BAY. YES, SIR. OKAY. THANK YOU. CITY, ARE YOU READY TO PRESENT? YES. OKAY. PLEASE START. OKAY. CAN I HAVE YOUR NAME FOR THE RECORD? EDWARD BERMUDEZ. AND CAN I HAVE YOUR POSITION AND TITLE TRAFFIC SERGEANT? OKAY. AND CAN I PLEASE STATE FOR THE RECORD WHAT YOUR TITLE ENTAILS? EVERYTHING DEALING WITH TRAFFIC ENFORCEMENT AND RESPONSIBILITIES IN THE CITY.
ARE YOU FAMILIAR WITH THE CITATION? THAT IS THE SUBJECT MATTER OF THIS HEARING? I AM.
ARE YOU A RECORDS CUSTODIAN FOR THE CITY? I AM.
DO YOU HAVE PERSONAL KNOWLEDGE REGARDING THESE BUSINESS RECORDS? I DO, AND HOW ARE YOU FAMILIAR? AS THE SUPERVISOR OVER THE TRAFFIC UNIT, I SUPERVISE.
AND ALSO, I'M A USER OF THE A PROCESS FOR APPROVING THE VIOLATIONS.
OKAY. I'M GOING TO SHOW YOU WHAT THE CITY WILL BE PRESENTING.
AS FAR AS THE EVIDENCE FOR THIS CITY, THIS IS WHAT HAS BEEN LABELED AS CITY'S EXHIBIT A, CAN YOU PLEASE DESCRIBE FOR THE RECORD WHAT THIS DOCUMENT IS? THAT IS THE NOTICE OF VIOLATION. WITH THE NUMBER PROVIDED AS THE NUMBER FOR THE THIS CASE.
OKAY. NOW DISPLAYING WHAT HAS BEEN IDENTIFIED AS CITY'S EXHIBIT B, CAN YOU PLEASE IDENTIFY FOR THE RECORD WHAT THIS DOCUMENT IS? THAT'S THE NOTICE OF HEARING SENT TO THE VIOLATOR FOR TODAY'S DATE.
OKAY. AND I'M IDENTIFYING WHAT SHOWING YOU WHAT IS IDENTIFIED AS CITY'S EXHIBIT C.
CAN YOU PLEASE IDENTIFY FOR THE RECORD WHAT THIS DOCUMENT IS? YES. IT'S VIOLATION EVIDENCE REPORT, WHICH INCLUDES JUST A BRIEF INFORMATION ABOUT THE VIOLATION ITSELF AND OWNER INFORMATION.
OKAY. AND I'M PROVIDING YOU WITH SHOWING YOU WHAT IS LABELED AS PLAINTIFF'S EXHIBIT OR CITY'S EXHIBIT D, CAN YOU PLEASE DESCRIBE FOR THE RECORD THIS DOCUMENT, THE CAMERA LOG REPORT INDICATES WHEN IT WAS TESTED THE MORNING OF AND THE FOLLOWING DAY OF THE VIOLATION. OKAY. AND I THIS IS WHAT HAS BEEN LABELED AS EXHIBIT E.
FOR THE TIME GOING FROM JANUARY 2025 TO JANUARY 2026.
OKAY. ARE THESE RECORDS RETAINED AND STORED IN THE NORMAL COURSE, IN THE NORMAL AND USUAL COURSE OF BUSINESS FOR THE CITY? THEY ARE. OKAY. AT THIS TIME, I'D LIKE TO MOVE THESE INTO EXHIBITS A THROUGH E INTO EVIDENCE.
SO ANY OBJECTION? OKAY. SO MOVE THEN. OKAY. AT THE PRESENT TIME, I'D LIKE TO SHOW YOU WHAT WE HAVE LABELED. WHAT WILL BE LABELED AS CITY'S CITIES.
[00:35:02]
EXHIBIT F. CAN YOU PLEASE DESCRIBE WHAT IS BEING SHOWN ON THE MONITORS? IT'S A TWO SECOND CLIP FROM THE CAMERA SYSTEM SET UP FOR THE VIOLATION.IT'S DATED ON THE 1ST OF APRIL OF 2025. AND THE TIME STAMP IS 2:49 P.M..
AND THIS CAMERA IS LOCATED AT THE ON THE INSTRUMENT THAT'S LOCATED WITHIN THE SCHOOL ZONE.
CORRECT? OKAY. AT THIS POINT, I'D LIKE TO SUBMIT THIS AS EXHIBIT F.
OKAY. SO ANY OBJECTION? YOUR HONOR, PLEASE. AND THAT'S THE DISTINCTION BETWEEN ANY LEGAL OBJECTION RIGHT NOW? NOT ANY OBJECTION TO THAT GOING INTO EVIDENCE.
THAT'S ALL I'M ASKING RIGHT NOW. YOU COULD EXPLAIN LATER WHAT YOU WANT TO TELL ME.
OKAY. I KNOW, I JUST. OKAY. THANK YOU. THEN WE'LL WAIT FOR THEM TO FINISH.
THEN YOU CAN TELL ME. OKAY. OKAY. CAN YOU EXPLAIN THE PROCESS BY WHICH THE CITY RECEIVES THE CITATION INFORMATION FROM THE CAMERA AND THEN INCORPORATES THEM INTO THE INTO THE CITY'S RECORDS? ONCE THE CAMERA IDENTIFIES A VIOLATION, IT TRANSMITS ALL THE DATA TO THE COMPANY READ SPEED THAT PROCESSES IT.
THEY HAVE INTERNAL REVIEWERS WHO APPROVE IT BASED ON ACCURACY AND THE INFORMATION.
OKAY. NOW TO THE SPECIFICS OF THIS CASE. DOES THE LICENSE PLATE MATCH THE VEHICLE IN THIS NOTED HERE? IT DOES. FLORIDA TAG 01DML IS SHOWN ON THE RED CHEVY FOUR DOOR VEHICLE OWNED BY THE DEFENDANT AND WHO IS THE REGISTERED OWNER OF THE VEHICLE.
JOHN HAYDEN OKAY. AND WHAT IS THE TIME, DATE, AND LOCATION OF THE VIOLATION? THE TIME IS LISTED AS 2:49 P.M., THE DATE FOR APRIL 1ST, 2025, AND THE LOCATION IS IN THE WESTBOUND LANE OF PALM BAY ROAD FOR THE PALM BAY ELEMENTARY SCHOOL ZONE.
OKAY. IS THAT LOCATED WITHIN A SCHOOL ZONE? IT IS.
IS THAT LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BAY? IT IS. AND WHAT IS THE SPEED LIMIT ON THIS ROAD AT THAT TIME? AT THAT TIME, THE SCHOOL ZONE SPEED LIMIT WOULD HAVE BEEN 20 MILES AN HOUR.
AND WHAT WAS THIS VEHICLE'S SPEED? 32 MILES AN HOUR.
OKAY. AS TO THIS CAMERA, HAS THIS CAMERA BEEN PROPERLY TESTED AND CERTIFIED? YES. THE STATE'S EXHIBIT CERTIFICATIONS DO INDICATE THAT IT RAN A SELF-TEST THE DAY OF AND THE DAY FOLLOWING BOTH CHECKED APPROPRIATE AND THAT THE CERTIFICATIONS ARE WITHIN THE DATES. OKAY, AT THIS POINT THERE'S NO FURTHER QUESTIONS.
OKAY, JUST FOR THE RECORD JUST THE WITNESS FOR THE CITY HAS BEEN PREVIOUSLY SWORN.
OKAY. OKAY. MR. HADDEN YOU HAVE EVIDENCE YOU WANT TO PRESENT TO ME NOW? WHATEVER IS CLOSER TO THE MIC, PLEASE. WHATEVER YOU DECIDE, YOUR HONOR, I WILL DO IT.
I MEAN, IF. ACTUALLY IT'S A LITTLE BIT TOO MUCH. THE FINE IS TOO MUCH FOR THE CITATION. I WAS 32, AND IT WAS VERY CLOSE UNTO THE INTERSECTION TO SWITCH SPEED.
FROM 40 TO 20. YEAH, IT'S IT WAS INTERSECTION.
SO IF THE LIGHT IS GREEN, IT WILL TAKE LONGER TIME TO DROP THE SPEED TO 20. AND I HAVE ONLY 100 BEATS TO REDUCE THE SPEED.
IT'S SO NORMAL. OKAY, BEFORE YOU GO ON, DO YOU HAVE ANY QUESTIONS FOR THE CITY? I SEEM TO FORGET TO DO THAT, SO I JUST SAY THAT.
OKAY, SO I WANT TO BE CLEAR. YOUR TESTIMONY IS THAT YOU DIDN'T HAVE TIME TO SLOW DOWN BECAUSE THE SIGN AND LINE WERE TO YOU. YOU TESTIFIED THAT YOU DIDN'T HAVE TIME TO SLOW DOWN.
IS THAT WHAT YOU'RE TELLING ME? BASED UPON WHERE THE SIGN WAS AND WHERE YOU SAW IT? THAT'S WHAT I THINK YOU SAID. WHAT DID YOU SAY? MAYBE I MISSED SOME. SORRY. OKAY. NO PROBLEM.
[00:40:05]
OKAY. WHATEVER YOU SAY. I HAVE TO UPHOLD WHAT THE STATUTES SAY.THE CITY HAS PRESENTED A CASE WHICH SHOWS IT WAS YOUR VEHICLE, THAT IT WAS SPEEDING AT THE TIME, THAT IT WAS WITHIN THE SCHOOL ZONE. THEY SHOWED THE CASE, AND THEY HAVE PRESENTED EVIDENCE THAT THE SIGNAGE WAS UP.
THAT'S WHAT'S CALLED A REBUTTABLE PRESUMPTION.
IF YOU COULD GIVE ME CREDIBLE EVIDENCE THAT REBUTS THE CITY'S CASE, THEN WE COULD LOOK AT IT.
THE FACT IS THAT ONCE YOU'RE IN THE SCHOOL ZONE, THAT'S THE SPEED LIMIT.
SO IT KIND OF LEAVES ME IN A POSITION WHERE, UNLESS YOU COULD GIVE ME SOME CREDIBLE EVIDENCE THAT THERE'S A PROBLEM SOMEWHERE, WE WOULD HAVE TO MORE THAN LIKELY GO HAVE A FINDING.
SO DO YOU HAVE ANY CREDIBLE EVIDENCE THAT THE CITY'S CASE IS WRONG? I MEAN, MAYBE THE OFFICERS LATER ON THEY CAN LOOK AT WHAT I HAVE SEEN AND THE DISTANCE IS NOT THE SIGN FOR THE SCHOOL ZONE IS NOT IN A PROPER PLACE. IT HAS TO BE MOVED A LITTLE BIT.
TO GIVE THE PEOPLE MORE TIME. WE'RE NOT HERE TO DECIDE THAT TODAY.
HOW? YOU KNOW. DISTANCES. I'M SORRY. SCHOOL ZONES.
ALL. ALL THIS. ALL I COULD DO TODAY IS WHETHER IT HAPPENED OR DIDN'T HAPPEN.
IF THERE'S PROBLEMS WITH THE ORDINANCES, SIGNS, DISTANCES, THAT'S FOR A DIFFERENT COURT.
THAT'S NOT FOR THIS COURT. SO IF YOU WANT TO PUT THAT ON THE RECORD, THAT'S FINE.
BUT THAT THAT WE NEED EVIDENCE THAT YOU, YOU KNOW, THAT'S FOR TODAY.
I'M SORRY I'M A UBER DRIVER. I WAS I COULD APPRECIATE THAT.
OKAY. ANY OTHER THING YOU WANT TO TELL ME? NO.
THANK YOU. THE CITY HAVE ANY REBUTTAL OR ANYTHING THEY WANT? NO. OKAY. BASED UPON THE EVIDENCE PRESENTED, I FIND THAT NOTICE NUMBER 2030 8000 4731 1690. THAT THE SCHOOL ZONE SPEED VIOLATION BE UPHELD? THAT I ORDERED THAT MR. HADDEN PAY THE SCHOOL ZONE SPEED PENALTY FINE OF $100 PLUS ZERO ADMINISTRATION COSTS FOR A TOTAL OF $100 WITHIN 30 DAYS OF THIS ORDER.
WHEN IT COMES DOWN JUST JUST SO YOU UNDERSTAND, IF YOU FAIL TO PAY THE ORDER, IT COULD RESULT IN IT GOING TO A COLLECTION AGENCY, AND IT CAN HAVE NEGATIVE IMPACT ON YOUR CREDIT SCORE.
SO JUST LET YOU KNOW THAT. THANK YOU. IF YOU HAVE ANY QUESTIONS.
OH, THANK YOU FOR TODAY. JUST BY THEY WILL SEND YOU A NOTICE.
YOU WILL RECEIVE SOMETHING IN THE MAIL. AND YOU WILL BE ABLE TO, TO FOLLOW THAT THE INSTRUCTIONS ON THAT, AND THEY'LL PAY IT. THANK YOU. THANK YOU. I APPRECIATE YOUR TIME THIS MORNING. THANK YOU.
I WANT TO CALL THE NEXT CASE CITATION NUMBER 2030 8000 4721 3868 SHANNON EYSKENS.
OKAY. PLEASE SWEAR. CAN YOU PLEASE. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES. YEAH. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
SHANNON I CAN'T ADDRESS IS 1543 EAST LAKE LANE, SEBASTIAN, FLORIDA.
32958. OKAY. THE CITY READY TO PRESENT. YES. THE WITNESSES HAVE BEEN PREVIOUSLY SWORN.
PLEASE PRESENT YOUR CASE. OKAY. OFFICER, CAN I HAVE YOUR NAME FOR THE RECORD?
[00:45:04]
EDWARD BERMUDEZ. CAN I HAVE YOUR TITLE, SERGEANT WITH THE TRAFFIC UNIT? AND CAN YOU PLEASE DESCRIBE WHAT YOUR YOUR DUTIES THAT YOUR TITLE ENTAILS? THE RESPONSIBILITIES OF OPERATING THE TRAFFIC UNIT, WHICH INCLUDES EVERYTHING FROM ENFORCEMENT TO CRASHES AND THE READ SPEED PROGRAM.OKAY. ARE YOU FAMILIAR WITH THE CITATION? THAT IS THE SUBJECT MATTER OF THIS HEARING? I AM.
ARE YOU A RECORDS CUSTODIAN FOR THE CITY? I AM.
DO YOU HAVE PERSONAL KNOWLEDGE REGARDING THESE BUSINESS RECORDS? I DO, AND HOW ARE YOU FAMILIAR? AS THE SERGEANT OVER THERE, TRAFFIC UNIT, MY RESPONSIBILITY IS TO ENSURE THAT THEY WERE APPROPRIATELY CHECKED BY SWORN OFFICERS IN THE TRAFFIC UNIT. OKAY, I'M GOING TO SHOW YOU WHAT IT'S GOING TO BE SUBMITTED BY THE CITY.
THE FIRST ITEM IS WHAT'S LABELED AS CITY'S EXHIBIT A.
OKAY. I'M SHOWING YOU NOW WHAT HAS BEEN LABELED AS CITY'S EXHIBIT B.
CAN YOU PLEASE IDENTIFY THIS DOCUMENT FOR THE RECORD? THAT IS THE ADMINISTRATIVE HEARING NOTIFICATION LETTER THAT WAS SENT TO THE VIOLATOR.
CAN YOU PLEASE IDENTIFY THIS DOCUMENT FOR THE RECORD? THAT IS THE VIOLATION EVIDENCE REPORT, WHICH HAS BASIC INFORMATION REGARDING THE VIOLATION.
OKAY. NOW I'M SHOWING YOU WHAT HAS BEEN LABELED AS CITY'S EXHIBIT D.
CAN YOU PLEASE IDENTIFY THIS DOCUMENT FOR THE RECORD? THAT IS THE CAMERA LOG REPORT, WHICH INDICATES THE INTERNAL TEST THAT WAS DONE FOR THIS SPECIFIC CAMERA, FOR THIS VIOLATION. THE DAY OF AND THE DAY FOLLOWING THE VIOLATION.
OKAY. AND I'M SHOWING YOU NOW WHAT HAS BEEN LABELED AS CITY'S EXHIBIT E.
THAT ALSO INCLUDES THE DATES OF CERTIFICATION, WHICH ARE JANUARY OF 2025 TO JANUARY 2026.
ARE THESE RECORDS RETAINED AND STORED IN THE NORMAL AND USUAL COURSE OF BUSINESS FOR THE CITY? THEY ARE. OKAY. AT THIS POINT, I'D LIKE TO MOVE THESE INTO EVIDENCE WITH EXHIBITS A THROUGH E.
ANY OBJECTION? NO. OKAY. SO MOVED THEN? OKAY.
CAN YOU EXPLAIN THE PROCESS BY WHICH THE CITY RECEIVES THE CITATION INFORMATION FROM THE CAMERA AND INCORPORATES THEM INTO THEIR RECORDS? ONCE THE VIOLATION IS CAPTURED BY THE CAMERA, IT IS ELECTRONICALLY TRANSFERRED OR TRANSMITTED TO THE PROCESSORS OF THE READ SPEED PROGRAM. ON THEIR PART. THEY DO AN INTERNAL REVIEW OF IT TO ENSURE THAT IT'S VALID AND ACCURATE INFORMATION.
THEN DO THE FINAL REVIEW AND APPROVAL FOR VALIDATION.
OKAY, I'M GOING TO SHOW YOU NOW WHAT HAS BEEN LABELED AS PLAIN SORRY CITIES.
EXHIBIT F. CAN YOU PLEASE DESCRIBE WHAT IS SEEN ON THE SCREENS? YES. THAT IS A TWO MINUTE CLIP OR I'M SORRY, A TWO SECOND CLIP OF THE VIOLATION IN QUESTION, WHICH HAS A STAMP OF EASTBOUND WYOMING DRIVE FOR THE ODYSSEY CHARTER JUNIOR AND SENIOR HIGH SCHOOL IN PALM BAY.
IT INDICATES THAT THE DATE OF THE OFFENSE WAS THE 31ST OF MARCH, 2025, AND THAT THE TIME OF THE VIOLATION WAS 4:36 P.M.. THE VIOLATOR SPEED WAS 33 MILES AN HOUR AND A 20 MILE AN HOUR ZONE.
OKAY, AND IS THIS A VIDEO THAT IS TAKEN FROM THE CAMERA THAT IS LOCATED AT THE SITE THAT IS IDENTIFIED IN THE NOTICE OF VIOLATION? IT IS. OKAY. AND AT THIS POINT I'D LIKE TO SUBMIT THIS AS CITIES EXHIBIT F.
OKAY. ANY OBJECTION? NO. SO, SUBMITTED. OKAY.
OKAY. BACK TO THIS. OKAY. IN RELATION TO THE RELATING BACK TO EXHIBIT A, DOES THE TAG MATCH THE VEHICLE? IT DOES. AND WHO IS THE REGISTERED OWNER OF THE VEHICLE? SHANNON, I CAN'T I CAN'T I DON'T WANT TO MISPRONOUNCE YOUR NAME.
SORRY. IT'S OKAY. OKAY. AND WHAT IS THE TIME, DATE AND LOCATION OF THE VIOLATION? THE TIME IS LISTED AT 4:36 P.M.. THE DATE IS MARCH 31ST OF 2025, AND THE LOCATION IS IN THE EASTBOUND LANE OF WYOMING FOR THE ODYSSEY CHARTER JUNIOR SENIOR HIGH SCHOOL. IT INDICATES THE SPEED OF THE VIOLATOR AT 33 MILES AN HOUR, AND THAT THE SCHOOL ZONE SPEED IS 20 MILES AN HOUR.
AND IS THAT LOCATED INSIDE OF A SCHOOL ZONE? IT IS.
AND IS THAT LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BAY? IT IS.
AND WHAT IS THE SPEED LIMIT ON THIS ROAD AT THAT TIME? 20 MILES AN HOUR. OKAY. AND WHAT WAS THIS VEHICLE'S SPEED? 33 MILES AN HOUR. OKAY. AND IN REGARDS TO THIS CAMERA, THE EVIDENCE WHICH WE SAW IS CITIES EXHIBIT F, HAS THIS CAMERA BEEN PROPERLY TESTED AND CERTIFIED? IT IS ACCORDING TO THE CERTIFICATES PROVIDED IN THE STATE'S EVIDENCE.
OKAY. AT THIS POINT THERE IS NO FURTHER QUESTIONS ON THE PART OF THE CITY.
DO YOU HAVE ANY QUESTIONS FOR THE CITY? NO. OKAY.
[00:50:02]
YOU'VE BEEN SWORN, AND YOU HAVE ANY TESTIMONY YOU WANT TO PRESENT? WELL, I ACTUALLY JUST SEEN SOMETHING, AND I'M SORRY TO WASTE YOUR TIME.PLEASE TALK INTO THE MIC. I'M SORRY. I LOOKED UP THE SCHOOL AND THE ODYSSEY CHARTER SCHOOL.
THERE'S AN ELEMENTARY SCHOOL JUNIOR, SO I ACTUALLY WASTING YOUR TIME TODAY.
SO I DO APOLOGIZE. BECAUSE THE ELEMENTARY SCHOOL ENDS AT FOUR, AND.
YEAH. SO. SO ARE YOU TELLING ME YOU HAVE. NO, NO, NO, I DO NOT AT THIS TIME.
OKAY. IT'S OKAY. IT HAPPENS. SO. SO AT THIS POINT, YOU'RE ACKNOWLEDGING THAT THERE'S A VIOLATION.
OKAY, I APPRECIATE THAT. ABSOLUTELY. OKAY. SO WITH THAT SAID, THEN LET'S JUST WRAP UP.
YEAH. THANK YOU. SO I WITH REGARD TO THE VIOLATION, I FIND THAT IN NOTICE NUMBER 2030 8000 4721 3668. BASED UPON THE TESTIMONY AND EVIDENCE PRESENTED THAT THE SCHOOL ZONE SPEED VIOLATION BE UPHELD. I ORDER THAT, SHANNON.
THAT MUST BE PAID WITHIN 30 DAYS OF THE ORDER.
AND YOU UNDERSTAND, FAILURE TO PAY CAN RESULT IN GOING TO A COLLECTION AGENCY OR A NEGATIVE.
AND ALSO A NEGATIVE IMPACT ON YOUR CREDIT SCORE. I APPRECIATE YOUR CANDOR THIS MORNING.
THANK YOU FOR AT LEAST YOU BRIGHTEN UP THE ROOM THIS MORNING.
OKAY. YOU COULD CALL THE NEXT CASE CITATION NUMBER 2030 8000 4738 2462. MALIK, MARK BAILEY.
PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. MILAGROS.
MARK BAYLESS, 536 CONOVER AVENUE. AND THAT'S NORTHEAST PALM BAY 32907.
THANK YOU. WE'RE GOING TO START WITH THE CITY. THE CITY.
READY TO PRESENT. YES. OKAY. PLEASE START THE CASE.
OKAY. SIR, CAN YOU PLEASE STATE YOUR NAME FOR THE RECORD? CAN YOU PLEASE PROVIDE YOUR TITLE, SERGEANT, WITH THE TRAFFIC? AND JUST FOR THE RECORD, YOU HAVE PREVIOUSLY BEEN SWORN. CORRECT.
THANK YOU. OKAY. CAN YOU PLEASE PROVIDE DESCRIBE YOUR DUTIES ENTAILED UNDER YOUR TITLE? AS A TRAFFIC SUPERVISOR, I'M RESPONSIBLE FOR ALL RELATED TRAFFIC ENFORCEMENT AND CRASHES TO INCLUDE THE READ SPEED PROGRAM.
OKAY. ARE YOU FAMILIAR WITH THE CITATION? THAT IS THE SUBJECT MATTER OF THIS HEARING? I AM.
ARE YOU A RECORDS CUSTODIAN FOR THE CITY? I AM.
IT'S MY RESPONSIBILITY TO ENSURE THAT THE VIOLATIONS ARE REVIEWED BY THE TRAFFIC UNIT.
THE FIRST IS WHAT IS LABELED AS CITY'S EXHIBIT A.
CAN YOU PLEASE DESCRIBE THIS DOCUMENT FOR THE RECORD? THAT IS THE NOTICE OF VIOLATION FOR THIS CASE.
IMPROPER FOR THE VIOLATION TO THE DEFENDANT. OKAY.
THIS THE NEXT DOCUMENT IS WHAT IS LABELED AS EXHIBIT B.
I'M GOING TO SHOW YOU NOW WHAT IS A FIVE PAGE DOCUMENT THAT HAS BEEN LABELED AS CITY'S EXHIBIT C.
[00:55:03]
CAN YOU PLEASE DESCRIBE THIS DOCUMENT FOR THE RECORD? THAT IS THE VIOLATION OF EVIDENCE REPORT, WHICH HAS BASIC INFORMATION REGARDING THE VIOLATION.OKAY. NOT SHOWING YOU A ONE PAGE DOCUMENT THAT HAS BEEN LABELED AS EXHIBIT D.
CAN YOU PLEASE DESCRIBE THIS DOCUMENT FOR THE RECORD? THAT IS THE CAMERA LOG REPORT THAT SHOWS THE DEVICE THAT CAPTURED THE VIOLATION.
CONDUCTING A OPERATIONAL TESTS THE DAY OF AND THE DAY FOLLOWING THE VIOLATION.
OKAY. AND THIS IS THE DOCUMENT ONE PAGE DOCUMENT LABELED AS EXHIBIT E.
CAN YOU PLEASE DESCRIBE THIS DOCUMENT FOR THE RECORD? THAT IS THE CERTIFICATE OF CERTIFICATION FOR THE DEVICE IN QUESTION THAT CAPTURED VIOLATION THAT INDICATES THE DATES DURING WHICH IT IS CERTIFIED FROM JANUARY OF 2025 TO JANUARY 2026.
ARE THESE RECORDS RETAINED AND STORED IN THE NORMAL AND USUAL COURSE OF BUSINESS FOR THE CITY? THEY ARE. AT THIS POINT, I'D LIKE TO MOVE CITY'S EXHIBITS A THROUGH E INTO EVIDENCE.
ANY OBJECTION TO THE DOCUMENTS MOVED INTO EVIDENCE? NO. OKAY. DOCUMENTS. SO MOVED IN. OKAY. CAN YOU EXPLAIN THE PROCESS BY WHICH THE CITY RECEIVES THE CITATION INFORMATION FROM THE CAMERA AND INCORPORATES THEM INTO THEIR RECORDS? WHEN THE VIOLATION IS CAPTURED BY THE CAMERA ON SITE, IT IS ELECTRONICALLY TRANSMITTED TO THE COMPANY RED SPEED CAMERA THAT MAINTAINS AND OPERATES THE SYSTEM. THEY DO AN INTERNAL REVIEW OF THE VIOLATION INFORMATION BEFORE THEN IS TRANSMITTED TO THE OFFICERS.
OF SWORN OFFICERS OF THE TRAFFIC UNIT TO THEN DO FINAL APPROVAL FOR VALIDATION.
OKAY. ON THE VIDEO SCREEN, I'M SHOWING WHAT'S GOING TO BE LABELED AS CITY'S EXHIBIT F.
CAN YOU PLEASE DESCRIBE WHAT WE ARE SEEING? YES.
THAT IS A THREE SECOND CLIP OF THE VIOLATION INDICATING THAT IT OCCURRED ON EASTBOUND WYOMING FOR THE ODYSSEY CHARTER JUNIOR SENIOR HIGH SCHOOL ON THE 2ND OF APRIL OF 2025. IT IS INDICATING THE TIME OF VIOLATION IS 858 IN THE MORNING, AND THE SPEED LIMIT AT THE TIME WAS 20 MILES AN HOUR.
THE SPEED OF THE VIOLATOR WAS 34 MILES AN HOUR.
THAT'S CORRECT. OKAY. I'M SORRY. OKAY. BASED ON THE INFORMATION THAT'S PROVIDED, DOES THE TAG MATCH THE TAG ON THIS? DOES THE TAG MATCH THE VEHICLE? IT DOES. OKAY, I'LL GO BACK TO THIS. THANK YOU.
OKAY. AND WHAT IS THE TIME, DATE AND LOCATION OF THE VIOLATION? THE TIME IS 858 IN THE MORNING. THE DATE IS APRIL 2ND OF 2025.
THE LOCATION IS THE EASTBOUND LANES OF WYOMING FOR THE ODYSSEY CHARTER JUNIOR SENIOR HIGH SCHOOL.
OKAY. IS THAT LOCATED WITHIN A SCHOOL ZONE? IT IS.
AND IS THAT LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BAY? IT IS.
AND WHAT IS THE SPEED LIMIT ON THIS ROAD AT THAT TIME? IT WOULD HAVE BEEN 20 MILES AN HOUR. AND WHAT WAS THIS VEHICLE'S SPEED? 34 MILES AN HOUR. OKAY. AND AS IN RELATION TO AS REGARDS TO THIS CAMERA, HAS THIS CAMERA BEEN PROPERLY TESTED AND CERTIFIED AS INDICATED BY THE CERTIFICATES THAT WERE PRESENTED AS STATE'S EVIDENCE. YES.
OKAY. AT THIS POINT, THERE'S NO FURTHER QUESTIONS. DO YOU HAVE ANY QUESTIONS FOR THE CITY? NO QUESTIONS. OKAY. YOU'VE BEEN SWORN. DO YOU HAVE ANY TESTIMONY YOU'D LIKE TO PRESENT? YES. OKAY. I JUST WANTED TO SAY THAT WITH TALKING TO MICROPHONE, PLEASE.
THANK YOU. I JUST WANTED TO SAY THAT WHEN I WAS COMING OUT OF THE SCHOOL ZONE TO GO TO THAT TO THE RIGHT, HE SAID IT WAS ON THE EAST THAT FIRST OF ALL, THE SCHOOL GUARD LADY WAS NO LONGER THERE.
THE LIGHTS WERE NOT FLASHING, EVEN THOUGH YOU HAD MENTIONED THAT THE FLASHING.
BUT SHE WAS NO LONGER THERE AT THE SCHOOL. SO.
AND THERE END OF SCHOOL ZONE SIGN HAS BEEN DOWN FOR A FEW DAYS UNTIL THEY JUST FIXED IT.
THE END OF SCHOOL ZONE ON THAT SIDE, WHICH I TOOK A PICTURE.
DO YOU HAVE ANY PICTURES OR ANYTHING TO SHOW AT THE TIME, THAT ONE PICTURE WHERE THE SCHOOL ZONE SIGN WAS DOWN AND THE SCHOOL GUARD WAS NO LONGER THERE AT THAT TIME? I KNOW, WELL, YOU KNOW, I CAN'T CONTROL AND BUT IT GIVES A FALSE AS I'VE BEEN DOING THIS FOR SIX YEARS, TAKING MY GRANDDAUGHTER THERE. I NEVER HAD A PROBLEM WITH THE TICKETS, SO THAT THREW ME OFF BY NOT HAVING HER THERE AND THE LIGHTS NOT FLASHING.
[01:00:02]
DO YOU AGREE? WAS WITHIN THE TIME THE 9:00 BEFORE 9:00, WHICH IS THEIR JUNIOR HIGH SCHOOL, STARTS AT 855. THAT'S WHEN ALL EVERYTHING FLASHING LIGHTS GO OFF.THE THE THE CROSSING GUARD LEAVES. SO I DON'T KNOW.
SHE WANTS TO PRESENT A PICTURE. YEAH, THAT WAS THE PICTURE OF THE SIGN.
THE SIGN IS DOWN. OKAY. YOU'RE SAYING THE SIGN WAS DOWN, BUT NOT THE BEGINNING SIGN.
AND THE DELAY WASN'T THE TIME? BECAUSE THEY'LL GIVE YOU A TICKET ON THE BEGINNING.
BUT IT WAS AFTER YOU COME OUT. WHEN I COME OUT OF THE PARKING LOT FROM THE SCHOOL TO MAKE THE RIGHT.
THAT'S THE THE THE SCHOOL CROSSING GUARD IS RIGHT THERE.
SHE USUALLY PARKS RIGHT IN THE FRONT. I MADE A RIGHT TURN, AND THAT'S WHERE THAT SIGN WAS DOWN.
YOU CAN CALL THE SCHOOL. IT'S BEEN DOWN FOR A FEW DAYS, AND THEN THEY LIFTED IT UP.
YOUR PICTURE WAS TAKEN APRIL 24TH OF 2025. YOUR VIOLATION WAS APRIL 2ND.
YES, BECAUSE I WENT BACK. IS THERE ANY. DO YOU HAVE ANY PICTURES CLOSER TO THE TIME OF THE OCCURRENCE OF THE VIOLATION? NO, I CAN'T GO BECAUSE MY HUSBAND HAS ALZHEIMER'S.
SO I GET OUT WHENEVER I CAN. WHEN I GOT THIS AND I HAD GOTTEN IT.
THEN THAT'S WHEN I WENT. I COULD I COULD ONLY DO SO MUCH.
ALL RIGHT. BUT DO YOU HAVE. I'M JUST ASKING. DO YOU HAVE ANY LEGAL DEFENSES OF THIS? I UNDERSTAND WHAT HAPPENED AND SAID NO SCHOOL GARDENS AND LIGHTS WERE FLASHING, ACCORDING TO YOUR TESTIMONY.
WE HAVE, YOU KNOW, THE THE CITY HAS PRESENTED A BUNCH, A BUNCH OF EVIDENCE THAT'S REBUTTABLE, BUT I HAVEN'T HEARD ANY TESTIMONY THAT TO REBUT THE EVIDENCE AT THIS POINT.
SO YOU'RE SAYING FOR THE SCHOOL, THE SCHOOL SIGN DOWN? I HAVE TO GO BACK TO THE SCHOOL AND GET INFORMATION.
YOUR TESTIMONY WAS AT THE END. SCHOOL SIGN WAS DOWN, BUT NOT THE ONE THAT GIVES THE TIMES.
AND I NEVER LOOKED AT IT. I'VE BEEN DOING THIS FOR SIX YEARS.
I NEVER HAD A PROBLEM WITH THE SCHOOL. ONLY WHEN THE LIGHTS ARE FLASHING YOU DO THE 20.
THEY'RE NOT. I JUST FOUND OUT TODAY AND THE ONLY PROOF YOU PRESENTED WAS THAT EVEN IF IT WAS DOWN, IT WAS AT LEAST A FEW WEEKS AFTER THE VIOLATION WAS ISSUED.
SO AS WE HAVE TO GET CLOSER TO THE TIME AS TO WHETHER OR NOT IT WOULD BE AN ACCEPTABLE EVIDENCE.
SO YOU'RE SAYING THAT IT HAS TO BE CLOSER? YEAH.
SO I WOULD HAVE TO GO TO THE SCHOOL AND FIND OUT WHEN IT WAS DOWN.
IF TODAY'S THE DAY TO PRESENT THE EVIDENCE. SO I'M SORRY.
SO DO YOU HAVE ANY OTHER EVIDENCE YOU WANT TO PRESENT AT THIS TIME? AND DOES THE CITY HAVE ANY OTHER EVIDENCE TO PRESENT? NO. OKAY. BASED UPON THE EVIDENCE PRESENTED, I FIND THAT IN NOTICE NUMBER 2030 8000 4738 2462. BASED UPON THE TESTIMONY AND EVIDENCE THAT THE SCHOOL ZONE VIOLATION BE UPHELD IN ORDER I ORDERED THAT THE THAT MISS BAYLESS. YOU CAN PRONOUNCE IT. I'M SORRY ABOUT PRONUNCIATION.
PAY THE SCHOOL ZONE SPEED PENALTY OF $100 WITH ZERO ADMINISTRATION COSTS.
THAT THE THAT THE $100 BE PAID WITHIN 30 DAYS OF THIS ORDER.
DO YOU HAVE ANY QUESTIONS? NO. WELL, YOU RECEIVED NOTICE FROM THE CITY.
OKAY. READY FOR NEXT CASE CITATION NUMBER 2030 8000 4872 8695 DANIEL LEE.
601 SECOND. I'M SORRY. WE'RE GOING TO HAVE A.
[01:05:10]
START AT 407 ON THE NUMBER FOUR SEVEN.4487I. CORRECTION ON THE NUMBER 48728695.
NO. I'M SORRY. LET ME. JUST DO THE WHOLE NUMBER OVER AGAIN.
20308000474874874872828695695.
GOT IT. OKAY. PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES. YEAH. PLEASE STATE YOUR NAME AND ADDRESS.
MY NAME IS DANIEL LEE. I'M AT THREE, SIX, SIX EIGHT ROUGHLY CIRCLE SOUTHEAST.
PALM BAY. 909. OKAY. THANK YOU. THANK YOU. THE CITY READY TO PRESENT.
YES. THE WITNESS. PREVIOUSLY SWORN. PLEASE PRESENT THE CASE.
OKAY, OFFICER, PLEASE STATE YOUR NAME FOR THE RECORD. EDWARD BERMUDEZ. AND WHAT IS YOUR TITLE? THE SERGEANT WITH THE TRAFFIC UNIT. AND CAN YOU PLEASE DESCRIBE YOUR DUTIES PURSUANT TO YOUR TITLE? RESPONSIBILITIES INCLUDE TRAFFIC RELATED INCIDENTS INVOLVING EVERYTHING FROM CRASHES TO ENFORCEMENT.
INCLUDING THIS. THE READ SPEED PROGRAM. OKAY.
ARE YOU FAMILIAR WITH THE CITATION? THAT IS THE SUBJECT MATTER OF THIS HEARING? I AM. ARE YOU A RECORDS CUSTODIAN FOR THE CITY? I AM. DO YOU HAVE PERSONAL KNOWLEDGE REGARDING THESE BUSINESS RECORDS? I DO. AND HOW ARE YOU FAMILIAR AS THE TRAFFIC SUPERVISOR? IT'S MY RESPONSIBILITY TO ENSURE THAT THE VIOLATIONS ARE REVIEWED BY SWORN TRAFFIC OFFICERS.
OKAY. THIS I'M GOING TO SHOW YOU NOW ANOTHER DOCUMENT.
THIS HAS BEEN LABELED AS EXHIBIT B. CAN YOU PLEASE DESCRIBE THIS DOCUMENT FOR THE RECORD.
THAT IS THE ADMINISTRATIVE HEARING NOTIFICATION LETTER FOR THIS VIOLATIONS HEARING TODAY.
OKAY. I'M GOING TO SHOW YOU A FOUR PAGE DOCUMENT THAT HAS BEEN LABELED AS EXHIBIT C.
OKAY. I'M GOING TO SHOW YOU NOW WHAT HAS BEEN LABELED AS EXHIBIT D FOR THE.
CAN YOU PLEASE DESCRIBE THIS DOCUMENT FOR THE RECORD? THAT IS THE CAMERA LOG REPORT THAT SHOWS THAT THIS CAMERA THAT CAPTURED THIS VIOLATION IN QUESTION HAD DONE AN OPERATIONAL TEST PRIOR TO AND IMMEDIATELY THE DAY AFTER THE VIOLATION.
OKAY. AND I'M GOING TO SHOW YOU WHAT HAS BEEN LABELED AS EXHIBIT E.
THAT WAS CERTIFIED SHOWING THE DATES OF JANUARY OF 2025 THROUGH JANUARY OF 2026.
ARE THESE RECORDS RETAINED AND STORED IN THE NORMAL AND USUAL COURSE OF BUSINESS FOR THE CITY? THEY ARE. OKAY. CAN YOU EXPLAIN THE PROCESS BY WHICH THE CITY RECEIVES THE CITATION INFORMATION FROM THE CAMERA AND INCORPORATES THEM INTO THEIR RECORDS? WHEN THE VIOLATION IS CAPTURED ON THE SITE, IT IS ELECTRONICALLY TRANSMITTED TO THE READ SPEED COMPANY THAT MAINTAINS AND OPERATES THE SYSTEM.
THEY HAVE AN INTERNAL REVIEW PROCESS FOR ACCURACY AND VALIDATION ON THEIR PART.
OKAY. ON THE MONITORS, I'M SHOWING WHAT'S BEEN LABELED AS CITY'S EXHIBIT F.
CAN YOU PLEASE DESCRIBE WHAT WE'RE SEEING? THAT IS A TWO SECOND CLIP OF THE VIOLATION THAT INDICATES THE LOCATION OF THE VIOLATION BEING IN THE EASTBOUND LANE OF COMMUNITY COLLEGE PARKWAY FOR THE PALM BAY ACADEMY MIDDLE SCHOOL CAMPUS.
[01:10:04]
FOR THE DATE OF APRIL 14TH OF 2025. AND THE DATE OR, I'M SORRY, THE TIME OF 3:48 P.M..OKAY. THANK YOU. OKAY. IN RELATION TO THIS VIOLATION, DOES THE LICENSE PLATE MATCH THE VEHICLE? IT DOES. OKAY. AND WHO IS THE REGISTERED OWNER OF THE VEHICLE? MR. DANIEL LEE. OKAY. AND WHAT IS THE TIME, DATE AND LOCATION OF THE VIOLATION? VIOLATION IS INDICATED AT 3:48 P.M. AT ON THE DATE OF APRIL 14TH OF 2025, AT THE LOCATION OF THE EASTBOUND TRAFFIC LANES OF COMMUNITY COLLEGE PARKWAY FOR PALM BAY ACADEMY MIDDLE SCHOOL.
OKAY. IS THAT LOCATED WITHIN A SCHOOL ZONE? IT IS.
AND IS THAT LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BAY? IT IS.
AND WHAT IS THE SPEED LIMIT ON THIS ROAD AT THAT TIME? AT THAT TIME, IT WOULD HAVE BEEN 20 MILES AN HOUR.
OKAY. AND WHAT WAS THIS VEHICLE'S SPEED? 33 MILES AN HOUR.
OKAY. IN RELATION TO THE CAMERA IN THE VIDEO WE HAVE SEEN PREVIOUSLY AS PART OF CITY'S EXHIBIT F, WAS HAS THIS CAMERA BEEN PROPERLY TESTED AND CERTIFIED? IT IS. AND ACCORDING TO THE STATE'S EXHIBIT DOCUMENTS THAT WERE INDICATED AT THIS POINT, THE CITY HAS NO FURTHER QUESTIONS.
OKAY. DO YOU HAVE ANY QUESTIONS FOR THE CITY? CAN I SAY SOMETHING LIKE BECAUSE BY BY THAT TIME I IN MY MEMORY.
MEMORY? I DON'T SEE THE LIGHT FLASHING. THEN AFTER THAT I CAME BACK TO, TO THE SAME ROAD AND I TRIED TO CHECK THE SOME VIDEO, AND THEN I HAVE VIDEOS SHOW THAT THE THE THE THE LIGHT, THE THE TRAFFIC LIGHT WASN'T SHOW UP, AND AND I'M IN THE STREET. THE ONLY THING I SEE IS THE THE.
THE THE LIE. THE THE LIE WASN'T A BLESSING. AND AND THE THE SIGNAL 35MPH. SO THAT'S WHY I'M TRYING TO WRITE LIKE 33.
OKAY. OKAY. DO YOU ACKNOWLEDGE YOU WERE IN A SCHOOL ZONE AT THAT TIME? WERE YOU IN A SCHOOL ZONE AT THAT TIME? YEAH. YEAH, YEAH. I, I CAME TO MY COLLEGE IN THERE THERE ARE SOME EASTERN FLORIDA STATE COLLEGE.
SO YOU YOU UNDERSTAND THE CITY HAS PRESENTED EVIDENCE SAYING THAT THE LIGHTS WERE TESTED, THAT THE SIGNS WERE UP THAT THE THERE'S NOTHING THAT THAT THEY HAVE PRESENTED A PRIMA FACIE CASE.
DO YOU HAVE ANY EVIDENCE TO SHOW ME THAT THE CITY WAS WRONG IN THEIR CASE? YEAH, I HAVE. WHAT DO YOU HAVE? I CAN SEE IT, YEAH I CAN.
I. OKAY. PLEASE. PRESENT. YEAH. I GOT. YOU.
YEAH. MAYBE IT DOESN'T. YEAH. THAT'S FINE.
WHAT DO YOU WANT TO WATCH IT JUST FOR THIS ONE.
YEAH. OKAY. WHICH ONE? RIGHT HERE.
I AM VIEWING A VIDEO PRESENTED BY MR. LEE. I'M SORRY.
SEEMS TO BE A TRAFFIC CIRCLE. YEAH. CORRECT. TRAFFIC CIRCLE? NO NO, NO. IT'S NO TRAFFIC CIRCLE. I ARRIVING ON THE THE BABCOCK.
THEN I TRY TO MAKE THE TURN LEFT TO THE COMMUNITY COLLEGE.
YEAH. NOW, WHAT AM I SUPPOSED TO BE VIEWING IN THIS VIDEO? OKAY, I'M SEEING NOW THAT YOU'RE COMING UP. OKAY.
I SEE A CROSSING AHEAD, I SEE I. WHAT WHAT DO YOU WANT ME TO NOTICE IN THIS VIDEO? OR TAKE NOTE OF IN YOUR VIDEO? I JUST WANT TO, LIKE, IS IT POSSIBLE FOR FOR THE CITY TO, LIKE, PUT MORE SIGNAL. SO. SO YOU BELIEVE THAT THERE SHOULD BE MORE SIGNAGE AND MORE LIGHTS? YEAH. THEY ONLY 120 FOR MY SIGNAL. AND THE NEXT ONE, THE 35 PER MILE.
RIGHT. AND YOU SAW. YOU SAW THE ONE FOR THE 20? CORRECT. YEAH. YEAH. OKAY. THAT'S THE ONE FOR THE WHOLE STREET. SO. OKAY.
[01:15:05]
IF YOU DON'T AGREE WITH THE SIGNAGE, YOU COULD LET THE CITY KNOW THAT YOU COULD WRITE THEM A LETTER.YOU UNDERSTAND? CORRECT. SO DO YOU HAVE ANY EVIDENCE THAT YOU DID NOT VIOLATE THE SPEED LIMIT IN THE SCHOOL ZONE? I DON'T HAVE VIDEO AT THE TIME OR ANY OTHER EVIDENCE THAT THE CITY IS NOT CORRECT IN ALL THE EVIDENCE PRESENTED.
SO SO MAYBE SO MAYBE I PAY FOR THIS. YEAH. OKAY.
SO SO ANY ANY ADDITIONAL EVIDENCE OR ANYTHING ELSE YOU WANT TO TELL ME? NO. I'M GOOD. OKAY. DO YOU HAVE ANYTHING YOU WANT TO PRESENT? NOPE. OKAY. BASED UPON THE OKAY. I FIND THAT IN NOTICE NUMBER AND MAKE SURE I'M CORRECT.
2030 8000 4872 8695 BASED UPON THE TESTIMONY AND EVIDENCE PRESENTED THAT THE SCHOOL ZONE SPEED VIOLATION BE UPHELD.
I ORDERED THAT MR. LEE PAY THE SCHOOL ZONE SPEED PENALTY, FINED A $100 WITH ZERO ADMINISTRATION COSTS, SO THE TOTAL AMOUNT WOULD BE $100 WITHIN 30 DAYS FROM THE DATE OF MY ORDER.
IF YOU FAIL TO MAKE THIS PAYMENT, COLLECTION AGENCY CAN BE APPOINTED TO YOUR CASE, AND IT CAN NEGATIVELY AFFECT YOUR CREDIT SCORE. OKAY. WITH THAT NO. I'M GOOD, THANK YOU.
WE ARE. WE ARE DONE. THEN WITH YOUR CASE. THANK YOU.
YEAH. THANK YOU, THANK YOU. HAVE A GREAT DAY.
OKAY. YOU MENTIONED THAT BELLEMARE IS OFF THE DOCKET, CORRECT? HE'S OFF. THEN WE HAVE THOMAS LEFT, AND I WILL WE WILL DO THE THOMAS HEARING.
OKAY. OKAY. CALL THE NEXT CASE. CITATION NUMBER 2030 8000 4759 3396.
THOMAS. MONIQUE. THOMAS. AND IS THERE ANYBODY? ANYBODY HERE FOR THOMAS CASE? NO ONE IS PRESENT AT THIS TIME.
OKAY. AND WE HAVE CHECKED. CORRECT. YES. OKAY.
CITY. PLEASE MOVE FORWARD. THE WITNESS HAS BEEN PREVIOUSLY SWORN.
RIGHT? JUST JUST JUST PRESENT IT. WE COULD JUST.
WE MIGHT AS WELL. AND I'M JUST GOING TO PRESENT IT AS A FULL HEARING.
JUST JUST JUST I WOULD SAY JUST PUT THE EVIDENCE PACKET IN.
SO WE DO IT THIS WAY. I'LL MAKE IT EASY FOR YOU.
I WILL REVIEW THE VIDEO, AND I WILL REVIEW THE STILL IMAGES ON THAT CASE, AND.
AND I WILL HEAR QUICK TESTIMONY, LIKE I SAID, JUST PRESENT.
AND ONCE THAT'S DONE, WE WILL GO FROM THERE. THAT'S FAIR ENOUGH.
CITY WILL PRESENT. OFFICER. OFFICER. BERMUDEZ'S TESTIMONY.
JUST SPEAK TO IT. OH. YEAH. THIS IS AND AS IT TURNS OUT, I WAS THE ONE THAT APPROVED THIS VIOLATION, SO I'M MORE FAMILIAR WITH IT. THIS VIOLATION WAS CAPTURED ON THE 3RD OF APRIL AT 2:32 P.M.
FOR THE NORTHBOUND EMERSON DRIVE LANE FOR ROCKMART ELEMENTARY SCHOOL ZONE.
THE SPEED LIMIT AT THE TIME WOULD HAVE BEEN 20 MILES AN HOUR FOR AN ACTIVE SCHOOL ZONE.
THE VIOLATOR SPEED WAS INDICATED AT 33 MILES AN HOUR.
THE TAG ON THE CAPTURE. JJRC H32 IS CONSISTENT WITH THE DESCRIPTION OF THE VEHICLE.
A 2024 BLACK IN COLOR CADILLAC UTILITY VEHICLE THAT IS REGISTERED TO A MONIQUE THOMAS.
[01:20:10]
DATE TO MONIQUE AT HER CURRENT RESIDENCE. IT ALSO INCLUDES THE VIOLATION CAPTURE IMAGE OR CLIP THAT HAS THE RELEVANT INFORMATION. ACCORDINGLY. THAT IS ALL CONSISTENT.THERE IS THE THE DEPLOYMENT OR RATHER, THE THE CAMERA LOG REPORT THAT INDICATES THAT THE CAMERA SYSTEM WAS OPERATIONAL AT THE TIME PRIOR TO AND THE DAY AFTER OPERATIONAL TEST WAS CONDUCTED, AND THAT THE CAMERA ITSELF HAS A CERTIFICATE OF CERTIFICATION DURING THE TIME OF JANUARY 2025 THROUGH JANUARY 2026. I JUST WANT TO PUT FOR THE RECORD, ARE YOU FAMILIAR WITH THE CITATION, THE SUBJECT MATTER OF THIS HEARING? I AM, ARE YOU A RECORDS CUSTODIAN FOR THE CITY? I AM. DO YOU HAVE PERSONAL KNOWLEDGE REGARDING THESE BUSINESS RECORDS? I DO.
SO. OKAY. I HAVE REVIEWED THE VIDEO AND IMAGES ON THIS CASE, AND BASED UPON THE TESTIMONY AND EVIDENCE PRESENTED, I FIND A VIOLATION HAS OCCURRED. I WILL ORDER THAT THE SCHOOL SPEED ZONE VIOLATION BE UPHELD AND THAT THE FINE OF 100.
THAT THE PENALTY OF FINE OF $100 BE BE THE OUTCOME OF THIS CASE.
THANK YOU. ARE THERE ANY OTHER CASES? OKAY. WHICH ONE DID I MISS? ALL OF SERRANO'S WAIVED. IT SHOULD BE ON OUR AGENDA.
OKAY. I DIDN'T FIND IT, THAT'S ALL. WHEN I WENT LOOKING.
OKAY. OKAY, WE'LL JUST WRAP THIS ONE UP, AND THEN WE'LL MOVE ON TO THE NEXT ONE REALLY QUICK.
I'M NOT GETTING THIS ON MY ON MY SCREEN. THIS NUMBER, THAT'S.
AT LEAST I'M WITH THIS ONE. DO YOU HAVE A CASE NUMBER FOR THIS? FOR FOR BLANKMAN. FOR BLANKMAN. YEAH. 2030. OKAY, HOLD ON ONE SECOND.
LET'S START AT. DOES IT HAVE 8047? YES. OKAY.
LET'S START ONCE WE GET TO 47 AND LET'S GO NICE AND SLOW.
I GOT I GET NOTHING ON MY SCREEN ON THAT ONE.
ZERO. OKAY. THAT'S NOT COMING UP ON HIS WHEN HE ENTERS THIS CITATION NUMBER. BASED ON THE RESULTS OF A DIFFERENT NUMBER THAN.
I MEAN, IT'S NOT SHOWING THAT IT WAS A UTC. SO NO, IT'S NOT SHOWING IT WAS TRANSMITTED ANY FURTHER.
IT IS SHOWING A A NOTICE LETTER FOR THE HEARING FOR TODAY AT.
I DON'T HAVE I HAVE NO ACCESS TO COULDN'T DO ANYTHING WITH IT.
[01:25:05]
I HAVE NO ACCESS TO DO ANYTHING WITH IT. IT'S NOT POPPING UP ON MY SCREEN. I RECOMMEND JUST REISSUING A NOTICE TO CONTINUE AND REISSUE.YEAH, JUST TO BE SAFE. SO IF IT'S A CONTINUANCE, I CAN'T DO IT.
LET ME SEE IF I CAN. YOU'RE GOING TO BE ABLE TO GET AND DO THAT.
OH. I CAN DO IT FOR ME. I'M ASSUMING THE CLERK MIGHT.
DO YOU HAVE THAT LITTLE SCALE ON YOUR SIGN IN TO OR SOME WAY TO PUT DECISIONS IN THERE, SUCH AS CONTINUANCES? NO. SO. WE MAY WANT TO CONTACT THE VENDOR, SEND OUT NOTICES FOR CONTINUANCE AND GO FROM THERE.
I CAN I CAN I CAN DO IT. OKAY.
SO COOL. THIS CONCLUDES THE MEETING. THIS MORNING.
NEXT ONE WILL BE JULY 8TH. DO YOU WANT TO CONTINUE THAT CASE TO THE.
DO YOU WANT TO CONTINUE THAT CASE TO THE JULY 8TH HEARING? LET'S MOVE IT TO JULY 8TH AT 10 A.M.. AND MAKE SURE PROPER NOTICES ARE SENT OUT.
MEETINGS CONCLUDE AT 11:40 A.M..
* This transcript was compiled from uncorrected Closed Captioning.