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CLEVELAND v. POSNER

No. 95301.

193 Ohio App.3d 211 (2011)

2011-Ohio-1370

CITY OF CLEVELAND, Appellee, v. POSNER, Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided March 24, 2011.

Attorney(s) appearing for the Case

Robert J. Triozzi , Cleveland Law Director, and Mark R. Musson , Assistant Law Director, for appellee.

Jeffrey P. Posner, L.L.C., and Jeffrey P. Posner , for appellant.

JAMES J. SWEENEY, Judge.

{¶ 1} Defendant-appellant, Jeffrey Posner, appeals the trial court's judgment affirming his liability for a civil penalty for speeding pursuant to Cleveland Codified Ordinances ("CCO") 413.031. After reviewing the facts of the case and pertinent law, we reverse and remand.

{¶ 2} On October 22, 2008, an automatic traffic-enforcement camera ("ATEC") photographed defendant's car traveling west at 2435...

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