The ridiculous resilience of red light cameras
Red light cameras have been the nightmare of many drivers for several years. Since 2007, the State of Florida has relied on these traffic cameras to supplement (largely) the revenue of the various municipalities that employ their use. This despite the fact that the constitutionality of its use has always been in question. In fact, it wasn’t until 2010 that the matter was legally addressed. Yet it seems that every time we win a small victory in getting the use of these cameras repealed, they turn up in some other city where the question of the legitimacy of their use is simply ignored entirely.
Many drivers in Coral Springs probably breathed a sigh of relief when the city removed the red light cameras it installed at seven traffic locations. Unfortunately for motorists in this city, it seems like it was only a temporary reprieve. The cameras were apparently not working properly, which is why they were removed. It seems that the “performance and accuracy” of the cameras were a concern. This is something that has been a topic of consideration for all of us about the use of traffic cameras at red lights, but many municipal governments don’t seem to be listening.
For example, Coral Springs does not intend to end its program, as many expected. Instead, they intend to contract with the same Arizona-based company, American Traffic Solutions (ATS), that so many other Florida cities use to install and monitor red-light traffic cameras. This is the same company that is currently under scrutiny for its practice of issuing traffic citations to Florida drivers by an outlaw individual. The constitutionality of this practice is constantly under scrutiny and the practice has dragged through the court system for years.
A recent newspaper article reported that Boynton Beach also continues to use red light traffic cameras, and intends to continue using them despite the fact that nearly 60 of the tickets issued because of them were dismissed by a court hearing officer. traffic last week. The response from city officials was basically, “So what?” They intend to continue issuing these notes, despite the sentence. Considering that had the tickets not been dismissed, the city would have gotten nearly $9,500 in fines, it’s easy to understand what motivates them to continue this practice.
“We’re business as usual,” Commissioner Joe Casello said Wednesday. “We’re still issuing tickets and going through the process.”
If it weren’t for the financial gain that these red light cameras bring to the cities that use them, it’s hard to understand why some places cling so stubbornly to the practice. The argument that they increase public safety falls apart when you consider that so many cities have instituted and then canceled their red-light traffic camera programs. Boca Raton, Margate and Hallandale Beach have come together to opt out of the sticky legal wicket that red light camera traffic tickets create.
This stubborn non-compliance by Boynton Beach officials comes not only after the mass dismissal of traffic tickets, but also in the wake of the Fourth District Court of Appeals’ refusal to review an October ruling related to security cameras. traffic in hollywood This ruling found that Florida cities cannot grant third parties the authority to issue traffic tickets, but both Boynton Beach and Hollywood continue to issue tickets for red light traffic cameras.
These legal actions seem to be falling on deaf ears in many communities, as evidenced by the November vote in Boynton Beach to continue supporting their contract with ATS. ATS has installed, and continues to maintain, all 15 operating red light traffic cameras in Boynton Beach, as well as cameras in Hollywood. That’s a pretty good deal for this company when you consider the cost to install these cameras, how much they make to maintain them, and the percentage of the $158 fine they receive for each traffic ticket issued because of the cameras. The reason these towns continue to use this method of issuing traffic tickets is that when ATS sends the tickets to the towns for which they are issued, the police officers review them and therefore legalize them. The courts seem to be leaning more and more in the other direction on the issue, which is why many of these traffic citations were recently dismissed. Boynton Beach was unable to prove that its red light traffic camera tickets are issued any differently than any other Florida city that uses ATS.
I always advocate for drivers to fight their traffic tickets, even though I know it is very easy to feel intimidated by the legal system. Many people think that there is simply no winning when it comes to a traffic ticket. However, drivers should keep in mind that while only 5% of traffic tickets are fought in court, a large number of tickets that are defended do so successfully. Consequently, when it comes to the legal controversy surrounding traffic camera tickets, the shaky ground on which they are based makes it more likely that a good traffic ticket lawyer can get your ticket dismissed or reduced.
Don’t pay that fine because the way things look, sooner or later these cameras will become illegal. When that happens, those motorists who have paid traffic tickets as a result of these cameras may be ordered to get a refund of the fines paid. However, the red tape that would surround such a legal mess would likely make it virtually impossible to hope for a refund. When you consider a third-party provider like ATS, things really get tough. Not only would the state have to come up with a system to guarantee refunds to motorists, but I can assure you that the seller will not happily part with the funds he believes he earned by installing and maintaining the cameras, and then issuing the tickets. The Pandora’s Box that would open in such a scenario would be tremendous. It is much wiser to hold onto your funds and let a good traffic ticket attorney resolve this matter before that scenario plays out.
If you have been one of the unfortunate souls who has received a traffic camera ticket at a red light, please call me at 967-954-9888 for a free consultation. It’s certainly easier to consult with me than to wait for the system to finally fix itself and wait for a refund.