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Class action law suits against cameras

By: Drivers.com staff

Date: Monday, 31. August 2009

Hundreds of Florida drives are joining in class action lawsuits against a number of Florida jurisdictions over what they say are constitutional rights infractions by jurisdictions using sensors and automated cameras to track red light violations.

The jurisdictions include Aventura, Miami Gardens, Juno Beach and Orlando. Between 16 and 20 other jurisdictions will be added in the next few weeks, according on reports in the Sun Sentinel.

Municipalities say the cameras deter drivers from running red lights, prevent accidents and save lives. Critics of the cameras say they violate drivers due process and equal protection rights.

Lawyers for drivers participating in the lawsuits argue that local governments are not permitted under state law to regulate stop lights. Under state law, police officers cite drivers who run red lights and the tickets can be contested in a county court. However, in cities, no officer witnesses the red light infraction and it is the vehicle's owner, not the driver, who is cited. Worse still, owners cited can only appeal to a special magistrate, who typically works for the city.

This, says attorney Brett Luskin, who filed the original suit in Aventura, just north of Miami, is "like having the officer who wrote you the ticket rule on your case � It's a flat violation of state law. I want the judge to declare these things are invalid."

However, some Florida municipalities are carrying on with plans for cameras. In the case of Pembroke Pines in Broward County, camera provider, American Traffic Solutions is assisting with defending against the lawsuits in court.

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All Comments (35)

Showing 1 - 35 comments

TW,

I also got a ticket on that intersection of Miami Garden drive and 183rd street. And realized that a lot of these intersection do not have cameras like that . I can say that I am traumatized now when approaching an intersection because I don't know what to expect,

drivesafe,

There is no doubt that these cameras are a scam to make money for the municipality. It is legal to enter the intersection at the yellow. However the camera will snap a picture when the light turns red. It then appears that you went through a red light. That is why in most states the criminal proceedure law states that a violation can only be charged if it occurs in the presence of a Peace Officer. Electronics make mistakes. Also, the the photo does not identify who was driving. This is vital to charge the correct person. The owner can't be responsible for something he cannot control. NY tries to get around this by charging you with a non-moving violation. This is absurd and defies all logic. Going through a red light is a moving violation. Now prove your case. Identify the driver and supply a human Peace Officer eyewitness. We are innocent until proven guilty.

PISSED,

I WAS MAILED A 158 DOLLAR FINE FOR MAKING A RIGHT RIGHT TURN ON RED AT NW 183RD AND 2ND AVE IN MIAMI GARDENS WHEN DID THAT BECOME AN INFRACTION. I HAVE NEVER EVER GOTTEN A VIOLATION TICKET I AM DRIVING 65 YEARS, IT IS ALL A SCAM.I LIVE ON SS WHAT MORE DO YOU WANT? I GAVE BLOOD.

yolanda,

Im a victim of the light camera. My license have been theaten to be suspended three times over this. A few of the times i were not driving my car a friend was. The camera flash as soon as you cross over the white line keep in mind NOT running the light but crossing the line. I dont think its right. Tickets make insurance go up and florida wonder why there are no insured drivers. I spent 600 dollars so far on these camera tickets and something needs to be done about it. The cost of living is already high and state is making it worst.

Thanks

JENNIFER,

how do i join class action law suit against red light camera in fl

its amazing how i didn’t receive the first ticket but then i receive a ticket for double the price since i did not pay the 1st this is not right i want to join in the suit against red lights jennifer.tejeda@ymail.com

oliver,

how do i join class actionlaw suit against red light camera in fl

ossie C,

i was just given a ticket by a trffic camara for turning right and suposedly not coming to a full stop, this was in the city of MIAMI gardens.after coming to a full stop, an with another car on the far left crossing the intersection with the yellow light, I proceeded to turn right,I did nothing ilegal.The city makes the appeal process very difficult and costly. What an official SCAM to justify stealing our money? I believe it has nothing to do with safety.In this uncertain economy everybody needs money; some elect to work for it, others like the city shooses to steal it from the ones that work hard for it.

Pedro,

How do I join the Class action lawsuit

Rafael,

ps
I gave 23 years defending this country and I will give my life to defend the rights of the people with in it.
I will join any party or lawsuit against this outrageous infraction of our rights.

flarsantiago@yahoo.com

Rafael,

I'm so glad to see that we are not sheep and our freedoms will not be trampled on by gov't or big business. Shame on the gov't officials who think this is good business. Our rights taken away to generate money for counties and thats all that it is, not people running lights, or saving lives, just money greedy companies and gov't.

Donald Dourm,

This red light scam. Is just another way for Gov. to pick your pocket.

It is inposable if you are going thirty mph. To stop at the white line when the light go's from green to red. The cameras are quicker than your brain.

James,

I've had my FL drivers license now for 17 years, with no major accidents, and I've ALWAYS been able to turn Right on Red without being ticketed by a police officer. Now all the sudden a red light camera is installed and here's your $158.00 ticket for turning right on red. Municipalities are now handing out these red light tickets by the TRUCK LOAD and raking in the profits under the disguise of "public safety". It's like a mini-casino at major intersections. Pretty soon it will be EVERY intersection! What's next?! Speeding cameras? Who doesn't go at least 4 or 5 miles over the speed limit? This red light movement is unconstitutional, most likely corrupt and is just the begining if we continue to just grab our ankles and take it! I'm PISSED!

Leo,

i just paid 158 plus 4 dollars for making a right turn at a light in miami gardens the lady in customer service was extremely rude. if anyone is holding a class action lawsuit or anything please contact me i would like to join. leotheninjaturtle@gmail.com

Jessica,

I just recieved my first ticket for running a red light. I was shocked cause I never do that and don't remember. The only problem I have is that a camera can't use judgment where a cop can. I think this is wrong!!! Is there a petition any where?

Esther Snyder,

My car was ticketed by a red light cam in the Village of Palm Springs, FL.
I was not driving my car, I was at work at the time the picture was taken. the ticket is for $158.00. How can this be legal?? Thanks, Esther Snyder

julio,

this should help all the county big shots drive bmw not just carlos alvarez to issue a ticket for 158.00 to some poor slob that makes 1o.oo an hour thats the real crime a curse on all who are moving this project

Bill,

This is a GIANT SCAM and we are the only one's getting tickets. Local Goverment and Law enforcement won't get tickets, they are the one's determining who does!!!!! They review everyone completely, know who you are, what you do etc.. Think they give theirselves violations?????

Gary Cook,

Wife and I both got a Rt. on Red Tkt.
The $370. KILLS us - Soc. Sec..
Is there any Fla. Class Action Plea ?

J.M,

These red light cameras are a scam.If they ever have a vote in my city to install them I will rally up every one I know and vote NO!!! This is ridiculous, where is this money going? They hired some dumb ass company outta state that is incompetent in customer service and are rude.A check was sent to them how ever post office took too long to deliver the check now they have forwarded the notice to court.No late fee option nothing. I dont under stand this, its soo frustrating.Now i gotta goto court and fight this?!? I have copy of the check i sent.Rediculous!!!!!

BLM,

The city of Miami Gardens placed the signal light cameras in two locations and both are in the predominently black neighborhoods. I am quite sure there are other locations in the city of Miami Gardens that can produce revenue for the city, and they are not in predominantly black. I feel they put the cameras in these locations because they feel people in these locations are unable to hire lawyers to fight the violation notices. Please explain why the cameras are only in the black neighborhoods? Why not include other neighborhoods in the fund raising?

jose jose,

do rental companies pay when the drivers go back to europe and do the rental companies pay 500.00 per ticket whe renters get 3 or 4 tickets in one trip?
are multinationals not requiered to pay?

javr949@yahoo.com,

WHY IS THE CAR TICKED AND NOT THE DRIVER? MY SON WAS DRIVING MY CAR AND I GOT THE TICKET?
IF YOU LEND YOUR CAR TO A FRIEND AND HE KILLS 3 PEOPLE IN A HOLD UP WILL YOU GET THE LETHAL INGENTION?
HALF OF THE MONEY COLLECTED GOES TO A CORPORATION IN ARIZONA,WHY NOT HIRE MORE POLICE OFFICERS AND KEEP THE MONEY IN FLORIDA?keep big brother out of big brother out of florida.

ABAS CAMERA,

We need to wait for those people who support traffic red light camera during elections, vote against them, kick them out their seat, if you keep them tey will make the stupid judgement again.

Linda,

I received one from Pembroke Pines. I did not pass the red light, but my car went pass the line into the crosswalk.
My car never seems to stop quickly. If I go to a mechanic and have my brakes tested and adjusted would the magistrate accept that as a reason not to have to pay the fine.

Rick,

Scam to pay for corrupt bloated government, full of overpaid, lazy, incompetent civil servants, and corrupt officials that are probably getting paid under the table by the company ATS that owns these camera systems and gets a cut from each citation. Anyone who is in favor of this is like "Al" is probably one of those above mentioned. What really bothers me is the hypocrisy of saying it is in the interest of public safety. If this were about public safety these cities would follow state law and have a police officer issue a real traffic citation that applies points to the offenders license. Furthermore, it is discriminatory since it penalizes based on money and not driving record. A millionaire can wipe his behind with these infractions, while a working mother on a single income would suffer a economic significant impact. Shame on these cities and shame on those in including a few on this forum who support this obvious scam between the cities and this private company (ATS). Wake up folks before your children are nickeled and dimmed out of their inheritance by these corrupt politicians.

Lou,

Anyone who thinks this is about safety is lying to themselves. I got one from Miami Gardens in the mail yesterday. For a right turn violation on February 1st. My entire family uses my car none remember who had it on that date. I can count on one hand how many times I've used it in the last couple months. I'm pretty sure at 10:20pm I was getting ready for bed. So basically what they're saying to me is I can't let anyone use my car because they may not stop in time at the light in time. I'd also like to know how to get more information about the pending lawsuits. Thanks

Henry Perez,

Hi, good afternoon. I have paid around $1,000.00 in infractions in Aventura I have spoken several times to Aventura city and they said I have to pay and I did but now I read about the judge decision and I want to join me to this group against this regulation. Let me know how I can contact you. Thank you

Rose,

I was cited by the City of Miami Gardens Camera that I failed to completely stop at the red light while making a right turn. My understanding is that I was making a right turn at the n.w. 2nd ave and 183rd street while the far left cars were crossing with their green light; I did not think that citation worth a fee of $125. I asked to have a court date before the deadline, I was told it would not make a difference to have a hearing that I would end up having to pay more than my original fee ($125) with a hearing. I still got a late fee of $75 eventhough I called before the due date. I am unable to pay the original fee because their record would not remove the late fee. I call the city to remove the late fee, I am asked to wait for the worker's supervisor to decide whether the late fee should be removed.

Alberto,

Jose, did you stop for the red light? A lot of drivers think that when aright turnis allowed on a red light you don't have to stop, but you do.

Jose,

I was recently cited in the city of Miami Gardens as having made an improper right turn or red as noted by servailance cameras which were not advised as being there in the first place. Now I am being forwarded to Jacksonville Attorney for collections on that violation. What can I do.

cash cow,

so if the driver is drunk and kills someone later can they still say it is about safty? a real cop would have pulled the drunk over before he kills someone a camera cannot pull the drunk over

Tom S in Chicagoland,

I have not seem any proof red-light cameras improved my safety. But it sure slows be down at known intersection with these cameras and other drivers behind me seem to understand the implication. Does this add to worker productivity and help us to get closer to a 2nd World nation or just make a govt burecrat happier as they waste more time waiting?

Admin,

Ness, you might try contacting attorney Brett Luskin for information. You should be able to get this ticket erased if the lights are not functioning properly.

Ness,

I entered the intersection of N.W. 17th Avenue and 183 street had stop to oncoming traffic make a right hand turn I recieved a ticket for running failing to yield. When I recieved a citation for running the red light? I surveyed the intersection and found that the camera randomly flashes when making a right turn. I wonder how much money Miami Gardens has made in this spot alone.

Al Cinamon,

The proliferation of red light cameras is not about safety. It's about money. They do not prevent crashes. They just trade the intersection collision for a rear end collision. This is according to surveys by the Insurance Institute for Highway Safety.

But, you know what? Making money off bad drivers is okay with me. Every country develops its natural resources. Our natural resource is bad drivers. It should be used to our advantage.


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