Attorneys for speeders in New Miami traffic camera case will ask for $1.1M fee, but the plaintiffs can fight it

The 33,000 members of the New Miami speed camera class action lawsuit may soon get official notice their attorneys want a $1.1 million fee, and they can object to it.

Despite the fact the village plans to ask the Ohio Supreme Court to consider its appeal of the recent 12th District Court of Appeals decision, the parties will move forward with preparing a notice to the class members in the case — an estimated 33,000 — that their attorneys have asked for the fee, which is a third of the $3 million speeders paid under the former unconstitutional speed camera program.

New Miami’s former speed camera program was deemed unconstitutional in 2014 and Butler County Common Pleas Court Judge Michael A. Oster determined speeders are due both the $1.8 million that went into the village coffers and $1.2 million the third-party vendor retained.

RELATED: Butler County judge rules speeders owed $3 million

The case has been traveling between the appellate courts, and the 12th District recently ruled — as Oster did originally — the village does not have governmental immunity against claims like this. There was a hearing in the case on Thursday afternoon.

New Miami’s attorneys tried to convince Oster it is premature to put the mandatory notice out when there isn’t a final judgment amount in the case yet and the high court is being asked to intervene. Oster summed up their argument.

“Long story short, we’re a little bit cart before the horse,” Oster asked.

Oster has not issued a final ruling on what the village owes because the case has been in the appellate division. However, the speeders’ attorney Paul DeMarco said everybody already knows the all-important $3 million amount.

“The amount that they have to return to the class comes down to two numbers,” DeMarco said. “It was is it the share the village retained or was it the whole kit-n-kaboodle, that was the question and I think the court (Oster) sent a very strong signal which of the two choices it made.”


New Miami speed cameras by the numbers

44,993: People cited in 15 months of operation

2,967: People who requested an administrative hearing

852: People who appeared for an administrative hearing

177: People who appeared for a hearing, found liable and had to pay the fine

$3 million: Total revenue collected

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