Criminal Defense LawyerLakeland, Tampa, FL

Florida's Second District Court of Appeals Rules Red Light Camera Tickets are Legal!

Today Florida's 2nd District Court of Appeals (DCA) ruled that municipalities can contract with 3rd party vendors to sort through images and issue violations for red light violations. This ruling covers Polk, Pasco, Hillsborough Pinellas, Manatee, and other counties in the jurisdiction of the 2nd DCA. The opinion can be read here.
While the opinion is not final due to a potential rehearing, it is highly unlikely for the court to change its opinion. This opinion is in conflict with the 4th DCA’s opinion (Palm Beach county area) so it can be appealed to the Florida Supreme Court to determine which court is correct and whether the red light cameras are constitutional.
I litigated these issues at the trial court level in Polk County and lost also. The issues are similar between the 2nd and 4th DCA, but the red light camera companies and the Attorney General changed their testimony in arguments after losing in the 4th DCA. How these conflicts play out at the Florida Supreme Court are yet to be determined.
For now, if you get a ticket in counties governed by the 2nd DCA, you can pay the violation immediately so that the violation does not go on your driving history or fight the ticket. A red light camera ticket lawyer can argue various defenses for you if you choose to fight it instead, then you can see if the Florida Supreme Court sides with the 4th DCA. Remember, these tickets generate revenue for the cities so what do you think the outcome will be?

Categories: Criminal Defense
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