Business

Red-Light Camera Vendor Says Legal Fight Near End of Road

Two South Florida court decisions favor the program, but opponents keep pushing for repeal
By: Kenric Ward | Posted: July 26, 2011 3:55 AM
Richard Corcoran and Mike Bennett

Rep. Richard Corcoran and Sen. Mike Bennett

A company that sells and operates red-light cameras says recent court victories signal "an end" to legal challenges against the controversial traffic enforcement program.

"As judges become more familiar with the evidence needed to convict under the Wandall Safety Act, the number of [ticket] dismissals will continue to fall," said Charles Territo of American Traffic Solutions.

"Recent legal victories in Broward and Miami-Dade courts are a clear sign that the days of legal challenges to red-light safety cameras are coming to an end."

Judges in the two populous Southeast Florida counties have upheld the legality of using camera technology to ticket motorists caught running red lights. The courts rejected claims from drivers who argued that the program is "coercive" and violates the constitutional right to due process.

But one of the judges, Broward's Steven DeLuca, also appeared to be sending mixed signals.

Of the 830 tickets challenged in Broward from July 2010 through May 2011, DeLuca and Traffic Hearings Officer Tom Wich upheld just 44 of them, the Sun-Sentinel reported.

Lawmakers nearly overturned the camera law last session after enacting it in 2010. But a Florida House bill that would have pulled the plug on the cameras was stalled in the Senate Community Affairs Committee by chairman Mike Bennett, R-Bradenton.

"They [red-light camera vendors] cannot buy every politician. If it wasn't for Michael 'Porn' Bennett, those cameras would be off now," said Alex Snitker, the Libertarian Party's 2010 candidate for U.S. Senate.

Bennett, who was caught by Sunshine State News cameras viewing pictures of scantily clad women on his laptop computer on the Senate floor during the 2010 session, did not return a phone call seeking comment on the traffic-signal issue.

ATS says the red-light issue has been resolved on all counts. The company points to the recent Miami-Dade court decision that upheld the camera technology and the procedures for ticketing on four contentious points:

Proof of mailing. Brushing aside defendants' claim that authorities must affirmatively prove that tickets were mailed in timely fashion, the court upheld the "mailbox rule," which stipulates that properly addressed, stamped mail is presumed to have been received.

Establishing ownership of the vehicle. The court found that because the registered owner’s information is obtained electronically by computer, the information is not "hearsay" and it would be an excessive burden to require a certified copy of DMV records.

Officers' court attendance and training.
The court held that it is not necessary for the issuing officer to be present, and that a public-safety officer may present evidence in court as a records custodian, so long as he or she has the necessary documentation in the packet prepared by the officer for the court.

Admissibility of video. The court upheld video evidence as long as agencies can certify that the red-light camera was tested according to FDOT specifications.

"All in all, less than 2 percent of violations issued have been successfully challenged," said Territo. "A 98 percent conviction rate for red-light running violations sets the standard for any law enforcement program."

Still, Snitker and other opponents continue to advocate alternatives to the red-light camera law. Many favor lengthening yellow-light intervals to ensure that intersections are clear and safe.

"The cameras are not about safety," Snitker said. "They are about generating more income for government."

Fines are set by the state at $158, and more cities are installing the camera gear with an expectation of issuing more tickets.

Research concerning the Wandall Act, named after Mark Wandall who was killed by a red-light runner in Bradenton, is mixed.

The University of South Florida has produced papers arguing that extended yellow lights do more for safety than red light cameras.

On the other side, the Hillsborough County sheriff’s office said that since cameras were introduced there, accidents declined from 395 in 2008 to 270 in 2010.

But anti-camera activists cite statistics from Georgia, where news reports indicate that simply extending the yellow-light time reduced infractions by 80 percent.

State Rep. Richard Corcoran, R-New Port Richey, who carried the repeal measure and co-sponsored a bill to lengthen yellow lights, disputed the notion that the camera issue is settled at the Legislature or in the courts.

"The complete opposite is true. Cases in Arizona [corporate home of ATS] are being thrown out on the basis of the equal protection clause," Corcoran told Sunshine State News.

Pointing to "myriad complications" and a "lack of uniformity" in enforcement, the representative said the fact that lawmakers are looking at setting a statewide standard for timing yellow lights suggests "a complete breakdown" of the system.

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Contact Kenric Ward at kward@sunshinestatenews.com or at (772) 559-4719.

Comments (5)

TerryStrong
6:50PM DEC 8TH 2011
According to my investigation, billions of persons all over the world receive the business loans at good banks. Therefore, there is great possibilities to find a sba loan in all countries.
10:16PM JUL 26TH 2011
ATS and the other predatory red light camera vendors HOPE that the challenges are over. The challenges will end when the industry leaves the state of Florida permanently. IF yellow intervals are set for the ACTUAL 85th percentile approach speeds of free flowing traffic under good conditions (maximizes safety) AND if the cites observe Florida law to not ticket slow rolling right on red turns when no safety issue is on the video --- then the cameras will lose money and both the camera vendor and their business partner cities will want to cancel the contracts. Red light cameras ONLY work to produce profits when the engineering is deliberately done improperly and less safely and/or the cities use unethical traffic management policies. The science is on our website, maybe you will join us to help rid the entire country of the predatory red light camera industry. James C. Walker, National Motorists Association, www.motorists.org, Ann Arbor, MI
Robert Lloyd
11:57AM JUL 26TH 2011
>>"The cameras are not about safety," Snitker said. "They are about generating more income for government."<<

This is exactly the point. Our government is predatory on our communities and its people. But few people even look at the big picture here.
10:42AM JUL 26TH 2011
FOR IMMEDIATE RELEASE

July 17, 2011

Floridians Against REAL ID has prepared two bills for the 2012 Florida Legislature. They are the Florida Driver's License Citizen Protection Act (DLCPA) and the Florida Motorist Rights Restoration Act (MRRA). For more info on the DLCPA, please visit our site listed below.

MRRA
The MRRA came about due to the widespread and nearly unregulated use of red light cameras in Florida beginning in 2010, which has turned into a multi-million dollar industry for both local governments and the camera company. Under Florida law, the standard of proof in Florida Traffic court is the same as it is in criminal court. However, the rights of the accused are less than they are in criminal court. The MRRA establishes the burden of proof for any violation rests with the government, and restores the rights of people in traffic court. The MRRA gives each person appearing in traffic court has the right against self-incrimination, to confront witnesses, and standardizes evidence presentation in cases involving traffic infraction detectors (a/k/a red light cameras) so they are to the same standard as other cases. The MRRA establishes the opportunity for a hearing when the original notice is issued without any pre-payment of a fine or fee, so there is no secondary ticket with a more severe penalty issued as is currently done in violation of the 8th and 14th Amendments to the U.S. Constitution. The MRRA also establishes mandatory accuracy checks for these devices paid for by the camera company. These accuracy checks are similar to what is required of police radars and other mechanical enforcement devices, and establishes a monetary civil penalty against any private company or component of government that violates the law to any person aggrieved by the violation. The MRRA invalidates any notice of violation issued based upon a device that has not been checked for accuracy or if any of the other enumerated conditions are violated.

The MRRA does not ban red light cameras, it just places their violations on a level playing field with other traffic violations and protects the rights of Florida's citizens.

PDF versions of the bill packets may be downloaded by visiting this page:
http://www.liberty2010.org/realid/documents/Help_wanted_0711a.pdf

Floridians Against REAL ID and many citizens will be meeting with our legislators in the coming weeks to gather support for both of these important bills that affect millions of Floridians.

For further information, please contact:
Paul Henry
Floridians Against REAL ID
Website: http://www.liberty2010.org/realid
Facebook Group for cameras: Florida Opponents of Red Light Cameras Coalition
Bob Freeman
9:06AM JUL 26TH 2011
The legislature should have repealed the red light cameras last year. It is merely a revenue source for cities. The yellow lights vary from City to City to catch their prey. Gas prices are going through the roof, people are losing their jobs or working for less money, families are losing their homes, food prices are rising,
school costs continue to accelerate, hey, but we still got red light cameras! Who is looking after the working people in this State? Sen. Bennett needs to get another job driving the Rick Scott Choo Choo in Orlando. Thanks to Rep. Richard Corcoran and keep up the good work

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