Judge Rules Red Light Cameras Are Not Legal

In a ruling that could have implications for other cities, a circuit court judge ruled Monday morning that the city of Aventura, Florida cannot use cameras to catch red-light runners.  However, it did not file an injunction ordering the city to stop using the cameras. The ruling came in a lawsuit filed by a motorist who argued that only the state Legislature can pass laws regarding traffic violations. Cities have gotten around the lack of state authorization by citing red-light runners with a code violation, rather than a traffic ticket.

The city can appeal the ruling by Circuit Court Judge Jerald Bagley, and the judge's decision has no bearing on other cities nor did it invalid the constitutionality of red-light programs. But if it stays in force, the ruling could set a legal precedent that could be used in suits against red-light camera programs in other cities.

Other South Florida cities have similar ways to catch speeders and beef up city revenues, so the ruling against the cameras could open the flood gates to challenges. Cities, like Aventura, Miami Beach, Pembroke Pines and others, have used cameras to cite red-light runners with a code violation, instead of a traffic violation. Lusskin argued that was merely a way of circumventing the state law and that cities could only issue tickets to red-light runners if an officer is present.

In his ruling Monday morning, Bagley sided with Lusskin and granted his motion for summary judgment against Aventura.

The lawyer representing Aventura city attorney Michael S. Popok said that the judge's ruling only addressed whether or not cities can issue fines based on the red-light cameras - and not the presence of the cameras themselves or the program. The state charter says that cities have the power to use ``security devices'' to ``regulate'' what occurs on the roadways, and the issue, according to Popok, is whether or not the word ``regulate'' gives cities the authority to issue fines.

The judge did not issue an injunction against the program as part of his ruling, so it can continue to operate while the city decides whether or not to file an appeal.

Topics

A93820014BS Abu Dhabi accidents ACLU ACS Advertising Aha Mobile AI Airsage ALPR ALPR Cameras Android Apple Arizona Atlanta ATS Attorney Australia Auto Insurance average speed cameras Baltimore Belgium Beltronics Bikes Bribe Brooklyn Buy Buying California Camera Vans Canada carplay Carpool Cars CDOT cell phone Chicago City Council Class Action Cobra Colorado Connected Signals Connecticut construction contracts Corruption courtesty notice courtesy notice Crashes crime Crosswalk crowdsourcing Culver City Dangerous Intersections Dash Cam Data Database Des Moines Distracted Drivers DIY DOT download Drivers License Driving Instructor Drowsy Drunk Drivers Dubai DUI E-ZPass England Escort Europe Facial Recognition failure to stop Fake Cameras FasTrak Fighting Tickets Finance Fines Fleets Florida FOIA Ford France freedom of information act request Garmin Gatso Georgia Germany Ghost Glendale Google Google Maps Government GPS Angel GPS Navigation Guest Writer Hawaii Here Highway Robbery Highways HOV Cameras How To humor Illinois Injury Inrix Insignia Instagram Insurance Insurenet iOS IOT Iowa iphone iRadar Ireland Italy Iteris Joe Biden Laser Craft Law Suit Laws lawyer Left Turns legal Legislation License Plate Local London Long Beach Los Angeles Loud Exhaust Louisiana LPR Cameras Lyft Machine Learning Magellan Maine Maintenance Manhattan maps Marketing Maryland Massachusetts Microsoft Minnesota Missouri Mitac Mobile Ads Mobile Apps mobile speed zone Motorcycle MTA Navigation Navigon Navteq Nestor Netherlands New Jersey New Mexico New Orleans New York New Zealand News NHTSA Nokia NTSB Oahu Oakland Ohio Oregon Parking Parking Tickets Parks Peasy Pennsylvania Phantom Alert Philadelphia Phoenix Photo Notice photographs POI Points Poland police Politics Poll Portugal Privacy Progressive Web App Protest Radar Railroad Reckless Driving red light cameras RedFlex RedSpeed redzone refunds Removing rental car tickets Repairs research revenue Rhode Island Ridesharing Right Turns rolling right turns Russia Sacramento Safe Speed Safety Safety Cameras San Diego San Francisco San Jose Scam Schools Seat Belt Seattle secutity settlement Shutting Down signs Singapore Snitch Tickets solar Sound Cameras Spain speed cameras Speed Vans State Ban stop sign cameras Street View Students subpoena Subscription Supreme Court Surveillance Switzerland Taxi Technology TeleAtlas Telematics Tennessee Tesla Texas Texting Tickets Tips Toll Road TomTom Tracking Traffic traffic attorney Traffic Camera Traffic Lights Traffic Safety Traffic School traffic tickets Traffic.com Trapster Trial by Written Declaration Trinity Trucking trucks UAE Uber UK Unpaid Ticket Vehicle Occupancy Verra Mobility video Vigilant Violation Fines Violation Info Violation Speed Virginia Vision Zero Voters warning devices warning notice Washington Washington DC Waze Wikango Xerox Yellow Lights YouTube