Court Decisions Judge says JUNO BEACH SPEED SCAMERAS ILLEGAL
http://www.palmbeachpost.com/news/court-rules-against-juno-beachs-speed-van-1230818.html
Court rules against Juno Beach's speed van
By Bill DiPaolo Palm Beach Post Staff Writer
Updated: 5:57 p.m. Thursday, Feb. 3, 2011
JUNO BEACH — In the second strike against high-tech ticketing this year, a Palm Beach County Court ruled Wednesday that citations issued from the town's white speed van are illegal.
Florida, not Juno Beach, has the authority to determine enforcement of speed limits, according to the Circuit Court of the Fifteenth Judicial Circuit for Palm Beach County.
"...We hold that any local ordinance attempting to enforce or otherwise regulate unlawful speed is preempted by state law," reads the 13-page ruling.
Florida law requires uniform enforcement of traffic laws statewide. The van goes beyond the state law and therefore is illegal, according to the ruling.
The suit against the van was filed on behalf of Cary Levine, who paid a $150 fine after he was mailed a citation when his vehicle was photographed speeding in Juno Beach.
"No city has the right to legislate speed enforcement on roadways. The state has that authority," said attorney Jody Barnett, who represented Levine.
While the ruling only applies to Levine, it could have a strong bearing on the hundreds of other drivers who paid citations issued from the van, said West Palm Beach attorney Jason Weisser. Weisser has filed a class-action lawsuit in behalf on hundreds of motorists who received citations from the van.
The lynchpin of Weisser's case is the fact the van, as well as red-light cameras, only record the vehicle in violation. There is no proof the owner of the vehicle was driving, Weisser said.
"This ruling shows that the van is in violation of state law. This ruling should be persuasive in proving our case," Weisser said.
Last month, about 50 people who challenged their citations issued from red-light cameras in West Palm Beach and Palm Springs had their penalties dismissed by a hearing officer.
For about a year until last May, the controversial unmanned van was parked on Juno Beach's swales. Citations totaling about $1 million were issued to 8,074 motorists from 40 states, according to records obtained by The Palm Beach Post.
The town kept 80 percent of the revenue, bringing in about $593,628. LaserCraft, the Georgia-based company that supplied the van, kept the other 20 percent, about $149,495. The remainder had not been collected.
If higher courts rule the van is illegal, the town would have to repay motorists who got citations.
The town would repay $593,628. The other $149,495 would be paid by Traffic Solutions, the Scottsdale, Arizona-based company that bought LaserCraft in December. Traffic Solutions operates the town's two red light cameras on Donald Ross Road.
Under the agreement with the town, Traffic Solutions agreed to repay LaserCraft's share if Juno Beach loses the court suit, said Juno Beach Councilman John Callaghan.
The two red-light cameras were turned on Dec. 1. Red light fines are $158.
Juno Beach Town Attorney Len Rubin did not return a call for comment. Juno Beach Town Manager Joe Lo Bello said he could not comment because the case is under litigation.
"It all comes down to a community cannot create its own administration and enforcement for speeding. The state has that authority," Weisser said.
Staff writers Jane Musgrave and Joel Engelhardt contributed to this story.
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