Tuesday, March 2, 2010

Municipality Camera Speeding Tickets Overturned

Miami Dade Circuit Court Judge, Jerald Bagley, overturned speeding tickets issued by local municipalities, as they are unlawful when not issued by the State. Several towns and villages within Miami, such a upscale, Aventura, installed their own cameras at traffic lights, to catch speeding motorists.

Attorney Bret Lusskin, who runs the law firm, Ticket Cricket, obtained the landmark ruling, on behalf of client, Richard Masone, who had been issued several hundred dollars in speeding tickets in a short period of time ($875). What this ruling will mean for other cases, is yet to be seen, but it has become case law that one can reference.

Judge: Aventura Red-Light Cameras Illegal

Feb 22, 2010 3:14 pm US/Eastern - 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 Bret Lusskin of The Ticket Cricket, who represented the plaintiff Richard Masone.

The cameras are still standing, though. The city of Aventura is expected appeal the ruling; should that happen, the cameras would continue to operate during the appeals process. Lusskin 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...

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...

Lusskin argued that only the state Legislature could pass traffic laws aside from parking regulations. He also said that police officers should be present to enforce traffic violations...