Court Says Not So Fast To Red-Light Camera Tickets
By Marianela Toledo - Watchdog.org // October 22, 2014
MIAMI, FLORIDA — Big changes could be coming to cities with red-light cameras after a Florida District Court of Appeals judge said it’s illegal for camera operators to issue citations to drivers.
“In Florida, only law enforcement officers and traffic enforcement officers have the legal authority to issue citations for traffic infractions, which means only law enforcement officers and traffic enforcement officers are entitled to determine who gets prosecuted for a red light violation,” the ruling read.
The program works like this: Cameras installed at traffic signals snap photos and are examined by the camera’s owner — not law enforcement — to determine whether a violation occurred. A citation is sent to the alleged violator. The driver has 60 days to appeal the ticket before it’s converted into a fine, just like any other citation issued by law enforcement officers.
“The private company is the one who sends the citations in the name of the city,” said Miami lawyer Victor Yurre. “Now it will have to be the city that does it.”
The case was brought to court in 2011 by Eric Arem, who received a subpoena issued directly by American Traffic Solutions, the private company hired by the City of Hollywood in Broward County to administer the red-light camera program.
Initially the court ruled against the driver, but the decision was reversed on appeal.
The ruling has implications statewide. American Traffic Solutions provides similar services to 63 municipalities in the state, according to its website.
Could this new ruling cancel existing and previous fines? Yurre said the cities could either cancel the fines issued by private companies, or the city themselves could reissue the citations and enforce payment.
Read the full article on Watchdog.org HERE.
