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New Ruling Calls Into Question The Legality of Red-Light Cameras
Red-light cameras have hovered over Aventura traffic intersections for more than a year, but a judge's ruling might put a stop to the surveillance. Where do I contribute to his campaign fund? Miami-Dade County Circuit Court Judge Jerald Bagley ruled Monday that Aventura could not use the cameras to catch and ticket drivers for running red lights in the city. "The ruling says that the entire program is illegal," said attorney Brett Luskin of The Ticket Cricket, who represented the plaintiff Richard Masone. The cameras are still standing, however, the city of Aventura can appeal the ruling. If that happens, the cameras would continue to operate during the appeals process. Luskin said he would tell his clients not to pay tickets going forward, since Bagley's ruling undermines the ability of Aventura police to enforce red light violations. The red-light camera system allows cities to photograph the license plates of red light runners. The following South Florida cities have already installed the cameras at busy intersections: North Miami Beach, Aventura, Fort Lauderdale, Pembroke Pines, Homestead and Hollywood. Cameras operate 24-hours a day, and warning signs alert drivers where they are posted. Aventura installed its cameras in July 2008 and began fining drivers who ran red lights in October 2008. The city charged drivers $125 for the first time they got caught, but bumped the fines up to $250 for a second offense within a 12 month period, and $500 for a third offense within a 12 month period. At the time, Aventura Police Sergeant Jeff Burns said, "Our goal is to stop red-light violators and prevent the collisions and injuries that result from running a red-light. Officers have witnessed several near crashes while reviewing violations." But, many opponents to the cameras saw them as a money-making measure for the city. Aventura collected more than a million dollars in fines in the first 10 months after they started ticketing drivers. After receiving a ticket, Hallandale Beach resident Masone sued Aventura. Lawsuits opposing the cameras also sprung up in Pembroke Pines and Miami Gardens. Those who sued argued that traffic laws across the state should be uniform and that the cameras violate that principle, according to CBS4 news partner The Miami Herald. They were also upset that running red lights was considered a code violation when it is similar to a traffic ticket. Luskin argued that only the state Legislature could pass traffic laws aside from parking regulations. He also said that police officers need to actually be at an intersection to legally give out tickets for running red lights. Bagley agreed with Luskin, and if the ruling stands, it could be used to strike down red-light cameras in other communities as well. Posted by: Fred 2010-02-23 |
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