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Ex-Lansdale Man Fought Law, Won Via Dash Cam

Mark Fiorino successfully sued Philadelphia Police - and won - for violating his First and Second Amendment rights. He was found not guilty recently by using footage from a dashboard camera in his defense in fighting a Towamencin traffic ticket

A former Lansdale resident, , has now used a dashboard camera to successfully fight a Towamencin traffic ticket.

Mark Fiorino, 26, was not only found not guilty of running a red light by Schwenksville District Court Judge Albert Augustine this month, but he also has told the tale of his success and ordeal on YouTube.

 “Not very often do you get to go to traffic court for a moving violation of some kind and have an airtight way of getting out of it,” said Fiorino, who admits to being “an attention whore” in the video.

“Usually people go to traffic court to get out of a speeding ticket. They hope the officer doesn’t show up, or they try to get it knocked down from 15 over to five over (the limit), to get the points off of it, to reduce the fine, et cetera,” he said. “In this case, I had allegedly run a red light, and me being the gadget guy I am, I have a dash cam in my car. Thanks to my footage, I had them dead to rights that I did not run the red light.”

Fiorino said the video shows him explaining to Officer Travis Wood that his dashboard camera blatantly proves he did not run the red light.

“He gave me a $164 ticket anyway,” Fiorino said.

Fiorino was pulled over on April 1, 2012 by Wood on Sumneytown Pike near Freddy Hill Farms after turning right off of Troxel Road.

Wood claimed Fiorino sped through this turn and did not stop at the red light at the intersection, according to the dashboard recording and YouTube video.

Fiorino was eventually given a ticket for failure to stop at a red signal, a summary traffic offense.

A summary trial for this offense was set before District Judge Harold Borek in Lansdale for October. It was cancelled and the case was transferred to the court of Augustine for a July 16 summary trial.

“The officer comes in and goes, ‘I’d like to offer you this lesser penalty which includes no points and is just a fine, which is lesser than the fine you paid,” Fiorino said in the video. “I told him to go pound sand.”

Fiorino said Wood told Augustine at the trial that he witnessed Fiorino’s vehicle speeding and didn’t believe he came to a complete stop.

“He went through the process of explaining there’s a berm there and you can’t see the stop bar, where you are supposed to stop for a red light. Despite saying he couldn’t see me with his own two eyes, he still explains to the judge he wrote me the citation anyway, because I came through the turnoff too fast,” Fiorino said.

“He goes on to say he was 200 yards away from the intersection when he saw me come through it, and another vehicle was in front of him,” he said.

Fiorino said he told Augustine he had video evidence to introduce that goes to his defense.

“He pauses, takes off his glasses, looks down at me, and says, ‘What do you mean video evidence?’ I said, ‘I have camera footage from inside my car of the incident in question.’ ‘From your car?’ ‘Yes, Your Honor.’”

Fiorino said he showed Augustine the footage on his laptop, and then showed the video to Wood.

He asked Wood if it was himself in the video and if he recognized Fiorino. Fiorino said Wood confirmed that he and Fiorino were in the video.

Fiorino said he asked Wood if the video shows him coming to a complete stop and making a legal right turn on red.

“I asked, ‘Does it appear to you that was a legal right turn on red? I came to a stop, checked for traffic and I went ahead and made the turn.’ He said, ‘As a matter of fact, it does.’ I looked up at the judge and said, ‘Your Honor, I move to dismiss.’ It didn’t take a complete second – not guilty. That was it,” he said.

Fiorino said he was glad to have an airtight defense.

“Part of me was really offended by the fact that, despite telling him point blank I have video footage proving you are wrong, he gave me the ticket anyway,” Fiorino said. “I had to shell out $160-odd dollars. I had to go out of my way and take time out of my work schedule to go up to court to defend myself against this kind of crap.”

In Montgomery County, if a defendant pleads not guilty to a traffic citation, he or she must pay the required collateral, which is the total amount due, plus court costs of $6. If a defendant is found not guilty in the courtroom, then the collateral is refunded to the defendant.

The video on YouTube shows Fiorino driving down Troxel Road to Sumneytown Pike. His car does come to a complete stop. Two cars pass through the intersection and Fiorino turns right onto Sumneytown Pike. His turn signal is audible in the video.

The YouTube video exchange goes as such:

Wood: First, for your information this stop is being recorded for documentation purposes.

Fiorino: Yes, it is (points to dashboard camera)

Wood: (Looks at camera) Oh, you’re recording also. Good man. The reason I stopped you: The light was green coming east on Sumneytown Pike for me. I saw your vehicle come off of Troxel Road quite fast. You didn’t stop at the red light there as required before making a right turn.

Fiorino: I did stop.

Wood: OK. You came out awfully fast. It didn’t look like you stopped to me.

In February, Fiorino and the ACLU sued the Philadelphia Police Department for violating his Second Amendment and First Amendment rights. In March, he accepted a settlement for $25,000 from the City of Philadelphia.

Fiorino takes advantage of the open carry law in the Commonwealth of Pennsylvania.

The 25-year-old  grad and Media resident carries on his left hip, at all times, a Glock .40-caliber semi-automatic pistol.

He doesn’t need a license to carry it anywhere, except for first-class city Philadelphia; he is allowed to legally carry a gun, unconcealed, through the state’s Open Carry Law.

In fact, anyone legally able to do so can carry a gun without a license, unconcealed by clothing, in Pennsylvania. Philadelphia requires open carry with a license.

The lawsuit, according to Fiorino and the ACLU of Pennsylvania, alleged that the Philadelphia Police Department filed retaliatory charges against him after it learned that there was a YouTube recording of Philadelphia Police officers threatening to shoot and screaming profanities at an unresisting Fiorino in February 2011.

A judge dropped charges in October 2011.

The ACLU of Pennsylvania said Fiorino was repeatedly harassed by Philadelphia cops who erroneously believed it is illegal to open carry in city limits.

According to the ACLU, Philadelphia Police Internal Affairs investigated two of three Fiorino’s encounters with police.

In September 2010, Philadelphia Police approved a revised policy: holders of a License to Carry Firearms can legally carry an unconcealed weapon.

Fiorino said the Philadelphia Police did not train its officers on this policy.

Read about Fiorino’s ordeal with Philadelphia Police at this link.

In March 2012, Fiorino accepted an offer from the City of Philadelphia to allow a $25,000 judgment against all defendants in favor of Fiorino.

Read about the settlement at this link.

Fiorino must be made of Teflon when it comes to being charged with offenses in Montgomery County (save a public drunkenness guilty plea in Lansdale in 2009).

Fiorino’s first run-in with police in Montgomery County occurred when he as 19 years old in Plymouth Township.
He was arrested April 7, 2005 and charged with retail theft. Three preliminary hearings were continued until July 28, 2005 when Fiorino had the charge dismissed at the district court level.

In October 2008, Fiorino was hit with a traffic fine for driving an unregistered vehicle in Montgomery Township, according to court records. When the case went to a summary trial before then District Judge David Keightly in Montgomeryville on April 9, 2009, the charge was withdrawn.

Fiorino will face Augustine again for a summary trial for a speeding offense on November 7, 2011 in Towamencin Township, scheduled for July 31 at 10 a.m. The case was transferred from the court of Borek to Augustine, according to records.

Wamebug July 20, 2012 at 04:42 PM
Nice job but that video could have been done in 2 mins, not 7:39. Verbose.
Mike S. July 20, 2012 at 10:30 PM
This guys is a complete tool. A huge article that only feeds into his nonsense. Try that crap in NYC and you'll see what happens. The Patch should be ashamed of itself. Try looking into the reason that his cases are transferred from Judge Borek to Augustine. And I'm pretty sure, he did not have the charges dismissed. Most likely a deal worked out in court or bleeding heart judge.
Jon Campisi July 20, 2012 at 11:07 PM
Well, Mike S., you're right about one thing ... if Mark did try that stuff in NYC, he probably would have been dragged from the car, beaten down, hauled to jail, given a prison sentence. Thankfully, though, we don't live in NYC. Rather, we live in a place that still respects the rights of the citizens, to some extent I suppose. Not sure if you support NYC's police state tactics or you were just drawing a reference/making a point; just seemed like somewhat of a weird comment to make.
Mark Fiorino July 21, 2012 at 05:10 AM
I'm a tool because Tony wrote an article about my traffic ticket? I didn't even know this article existed until a neighbor from Lansdale texted me about it. Why would having video evidence that exhonerates me of a motor vehicle code violation get me treated differently in NYC? Are the cops really that bad up there? I have no idea why the case was transferred - is there a difference between Borek and Augustine? And finally, you being "pretty sure" of something you know nothing about and were not a witness to pretty much just puts you in the toolbox. Do you think at all before you click the Submit button, or do you just like the clickety-clack sound the keyboard makes when you vomit your poorly articulated and baseless thoughts onto the internet?
Mike S. July 21, 2012 at 11:10 PM
The reference was between NYPD and Philly where he was on his gun charges. Mark, if no deal was worked out, then how exactly DID you get the charges dismissed? As for the article, you knew it existed and was coming. How else were you quoted in it? Why was your ticket so expensive? The fine on the citation should have read $110.50. No? Warrant fees or extra court costs? By the way, I love the clickety-clack sound that i am making right now.
MrRogers July 22, 2012 at 12:38 AM
I am glad someone finally had their own camera in the vehicle to show the real truth. I got stopped 2 times right outside a neighborhood that I lived in once getting just a warning for speeding & 2nd for a speeding ticket that Was 1 mph over whatever system is used to take me to the next bracket of points. I did not have the time to fight the system to show that my vehicle didn't even have enough horsepower to make it from one stop sign to the next that quickly. I commend you for fighting this ticket & what a burden it was to take your own time to do so.
Mark Fiorino July 22, 2012 at 03:27 AM
Mike - are you serious? Did you bother watching the video? "How were you quoted in it"...you HAVE to be joking. No one is really that stupid. Futhermore, when have you EVER heard of a plea deal where the charges against the accused were dismissed? If you knew one single iota about this topic, you'd know I was found "Not Guilty" because the charges (which were trumped up and fabricated to begin with) were brought to trial. You blatantly know nothing about this topic. Stop discussing it unless you do your homework, little boy. MrRogers - thanks. :)
abc July 22, 2012 at 04:33 AM
Mark is the kind of guy that looks for trouble, and then tries to jam someone up. Who in their right mind video records their commute?! Only someone looking for a law suit. He will lie and say it is for his protection (i.e. Smerconish episode), but common sense says it's just not normal. He open carrys a gun which is a tactically stupid and will get him hurt one day. I am 100% for the second amendment, however this is not Arizona and PA residents are not used to seeing open carry and will typically call the cops. But for Mark, he would love nothing more than to have the cops called, hoping to be inconvienced and cry that his rights were violated. Mark, it is not smart to walk around Philadelphia with a pistol on your hip because chances are, someone will disarm you. Cops have had their service weapons taken from them while contained in level 3 holsters.....you'd make an easy target to disarm. So, stop bringing negative attention to the second amendment...and CONCEAL YOUR GUN. I commend any responsible civilian that carrys a concealed firearm. You may save a life one day. But Mark, respectfully, you're an idiot. Your point in pointless, and it is people like you that give liberals more fuel to fight against the second amendment. Turn your camera off, conceal your gun, and stop looking for attention and future lawsuits against the police...it's time to grow up.
Mark Fiorino July 23, 2012 at 02:46 AM
Or someone who drives long distances every day for a living, or knows that mistakes other people make can lead to severe difficulty if you don't have a way to prove you weren't in the wrong. Let's take the entire reason this article even exists, for instance. A fraudulent traffic ticket that, without my video, would have likely ended in me having to pay the fine for a violation I didn't commit. Seems like the ends justify the means to me. Secondly, if the "chances are" that I'll be disarmed for OC...howcome you're wrong? Thirdly, you're foolish if you think you can sit there and claim to be 100% for the right to keep and bear arms except for a way in which you disagree with. That's just moronic.
Michel July 27, 2012 at 07:12 PM
Mr. Fiorino, i commend you for your actions. Kudos to you. I just wish that our "compadres" in Pennsylvania would take their heads out of the sands and see the real picture. The Governor is trying to turn this state into a police state, and that in and of itself is Un-Constitutional, and Un-American. Why have a dahsboard camera? Why do the police have dashboard cameras? To C.T.A., that's why. Why do you think that radar guns were taken from local ploice departments, and only allocated for use by State Police? Because local municipalities police are trained to generate revenue via trumped up traffic charges; meter violations, speeding, etc., without such "revenues" our local taxes would probably be much higher. Mr. Fiorino, carry your weapon openly, as guaranteed by State law, if the local police, Philly or otherwise have a problem, keep cashing those checks! Sounds like a good way to supplement your income to me, sir. Lastly, any interests in teaching these tactics to us humble Americans? I am sure I could keep your class full with Pennsylvania's unemployed, eager to cash in on the stupidity, but yet the clearly defined violations of State law, and the "fruits" (i.e.- $25k checks) that municipalities are so kind to distribute to avoid bigger lawsuits... Have a good day, GOD Bless the American legal system, specifically Tort. :-)
Ben July 27, 2012 at 07:24 PM
Tony: The lawsuit by Mark lawyer and the ACLU didn't involve the Second Amendment, only the First and Fourth Amendments. abc: Please post and describe one reported instance in which open carrying ended up being "tactically stupid" because someone took the open carriers gun or because the open carrier was the one who was shot first by robbers. The fact is, you can't because it doesn't happen. Instead, open carrying has proven to be a deterrent to criminals. If they see a gun, they go somewhere else. Plain and simple. Mike: As for the camera, I see no issue with it. As Mark said, without it he probably would have been convicted of an offense he didn't commit. There is nothing wrong with having a camera with you to protect yourself from overreaching law enforcement. Someone needs to watch the watchers anyway.
Michel July 30, 2012 at 04:40 AM
"abc" is obviously some incredibly agitated conservative who would rather see his money go to "the Church Alter Boy" fund than see legitimate Pennsylvanians exercise their constitutional rights...Well, Mr./Mrs. "abc", why don't you do George Zimmerman or Jerry Sandusky a favor and create a fundraiser for their defense fund, instead of slamming this innocent man? Mr. Zimmerman's address is public knowledge, and if you make haste, you can probably be placed on Mr. Sandusky's visiting list. Mr./Mrs. "abc", you have a good day, and make sure you renew your government identification so as to ensure that your thoughts and opinions are widespread like the plague of conservatives that are destroying our country as we speak. GOD Bless you Mr./Mrs. "abc", I send a blessing facetiously, for we all know GOD loves fools and children. :-)
dean December 10, 2012 at 03:44 AM
mark, i just saw your video. dec 9, 2012. nice job man. i once got a ticket for passing a school bus stop sign when i did come to a complete stop. the bus driver waived me off. so i went. then a policeman gave me a ticket. he was parked in a parking lot down the road. turns out it was a sting operation. bus driver and cop had 2way radios with each other. total b.s. this was years ago and i went back to take pictures of where cop was at and where bus driver was. cops viewing angle wasnt even close. i won the case easy. IF I HAD A DASH CAM?! that would of been even better. so i know how you probably felt. also, yes its alot of trouble. can sympathize.thanks for sharing.

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