from Tiffin-Fostoria Municipal Court Trial Court No.
A. Heimberger, Appellant
Charles R. Hall, Jr. for Appellee
Defendant-appellant, Debra A. Heimberger
("Heimberger"), brings this appeal from the July
18, 2017, judgment of the Tiffin-Fostoria Municipal Court
finding Heimberger guilty of a red light infraction in
violation of Fostoria Codified Ordinance 313.03(c)(1), a
minor misdemeanor. On appeal Heimberger argues that there was
insufficient evidence presented to convict her, that her
conviction was against the manifest weight of the evidence,
and that the trial court improperly relied upon hearsay
testimony to convict her.
Facts and Procedural History
On April 3, 2017, Heimberger was charged with a red light
violation in contravention of Fostoria Codified Ordinance
313.03(c)(1), a minor misdemeanor. It was alleged that
Heimberger ran a red light and struck a vehicle driven by
Joseph Wymer. Heimberger pled not guilty to the charge and
her case proceeded to a bench trial.
At trial the prosecution presented the testimony of Wymer,
who indicated that Heimberger drove through a red light and
struck his vehicle while he was proceeding through a green
light. The prosecution also called Sergeant Clayton Moore of
the Fostoria Police Department who responded to the scene of
the accident to investigate it. Sergeant Moore testified that
he determined that Heimberger had driven through a red light
and struck Wymer's vehicle. He then cited Heimberger for
Heimberger testified on her own behalf indicating that she
had not run a red light, contending rather that Wymer
actually struck her vehicle. At the conclusion of the
testimony the matter was submitted to the trial court for a
decision. The trial court ultimately found Heimberger guilty
and ordered her to pay a $100 fine and court costs.
It is from this judgment that Heimberger appeals, asserting
the following assignments of error for our
Assignment of Error No. 1
The verdict of the trial court was against the
manifest weight of the evidence.
Assignment of Error No. 2
The verdict of the trial court convicting Appellant
of a red light violation was not based on sufficient
Assignment of Error No. 3
The verdict of the trial court was based in whole or
in part on the hearsay testimony of a police officer that did
not witness the alleged red light traffic violation.
For the sake of clarity, we elect to address the assignments
of error out of the order in which they were raised.