Ruling on Test Case Spells Out Fate of Florida's Red-Light Cameras
"This ruling affects any red-light camera program in the state of Florida," said Edward G. Guedes, who represents the City of Aventura.
June 25, 2020 at 03:21 PM
4 minute read
Bad news for some Florida drivers from the Third District Court of Appeal. The red-light cameras, which capture photographs of drivers violating traffic laws, are here to stay in Florida.
That's also bad news for Daniel A. Gonzalez, a lawyer for The Ticket Clinic in Miami.
Opposing counsel say Gonzalez has electronically filed about 10,000 motions to dismiss for Florida drivers that have received citations based upon photographs taken by red-light cameras.
"It is the same motion over and over and over," said Edward G. Guedes, a partner at Weiss Serota Helfman Cole & Bierman in Miami, who represented the City of Aventura. "The only thing that changes is the name of the violator, the case number, some basic information, but the motion itself is the same and regenerated."
But now, the Third DCA ruling changes things, after plaintiff Lee Stein, represented by Louis Arslanian of The Ticket Clinic in Miami, contested a red-light ticket issued by the City of Aventura in August 2014.
Instead of challenging the validity of an image allegedly showing Stein failing to stop at a red traffic signal, Arslanian argued that red-light traffic cameras violated a uniformity requirement.
The Miami-Dade Circuit Court ruled in Stein's favor. However, the Third DCA overruled that decision Wednesday, finding that a prior decision from the Florida Supreme Court upheld the same red-light guidelines utilized by the City of Aventura — the ones Stein challenged in this case.
"This ruling affects any red-light camera program in the state of Florida," Guedes said. "This decision says that the way the red-light program is operating statewide is entirely lawful. It gives no basis to think any red-light program should be suspended or terminated."
Read the Third DCA opinion:
The Third DCA stated in its opinion that each city gave instructions to its red-light vendor regarding the contractual task of sorting all the camera images that are collected. The appellate court found that there could be variations in traffic enforcement levels resulting from different cities employing different benchmarks as to which violations would get ticketed.
"These variations reflect different balances struck by different communities in the unavoidable tradeoff between allocating limited local police resources and establishing an acceptable level of local enforcement of a particular law," the Third DCA opinion stated.
The Third DCA's conclusion was that these variances in the enforcement of traffic laws do not violate the state law requirement under Chap. 316 that traffic laws be administered in a uniform manner, and are not actionable by someone who has been ticketed.
For Miami-Dade County Court Judge Steven Leifman, the only judge who handles red light camera cases, the decision will significantly unclog the system, which has seen thousands of motions to dismiss filed by The Ticket Clinic.
Arslanian said those "hundreds, thousands, of cases with the same issue" are likely to get dismissed because of the result on this test case.
Arslanian is now planning to ask the Third DCA to reconsider its decision, or to request that the Florida Supreme Court review the case.
"We filed that same motion in every one of those cases," Arslanian said. "And depending upon how the Third [DCA] ruled, would decide what would happen."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPlaintiffs Attorneys Awarded $113K on $1 Judgment in Noise Ordinance Dispute
4 minute readAs Unpredictability Rises, Gov't Law Practices Expect Trump Bump. Especially in Florida
5 minute readLaw Firms Mentioned
Trending Stories
- 1Public Notices/Calendars
- 2Wednesday Newspaper
- 3Decision of the Day: Qui Tam Relators Do Not Plausibly Claim Firm Avoided Tax Obligations Through Visa Applications, Circuit Finds
- 4Judicial Ethics Opinion 24-116
- 5Big Law Firms Sheppard Mullin, Morgan Lewis and Baker Botts Add Partners in Houston
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250