Red Light Camera News Brooksville to do RIGHT TURN ON RED SCAM AGAIN!
Brooksville to do RIGHT TURN ON RED SCAM AGAIN!
Ban the Cams note I: Be aware that Turner blabbed about "speed" scameras last year. http://www2.hernandotoday.com/content/2010/jun/16/attorney-challenge-your-red-light-ticket/ (note this link doesn't work now). Though to do so would be difficult in light of the Juno Beach ruling this year declaring speed cameras ILLEGAL. http://www.palmbeachpost.com/news/court-rules-against-juno-beachs-speed-van-1230818.html (As well as the fact that many in the legislature want to ban the RLC as well).
Given the greed of some of the commissioners, one should not put it past them to attempt to "expand" the option.
As one attorney said;
"My advice is come to Spring Hill. We have a lot of businesses, so what are you doing there in Brooksville," Melton said? "Many people do actually make driving decisions based on things like speed traps. Just look at Waldo. People go out of their way to avoid it because it's one big speed trap. And for a small community, that's a big deal."
Ban the Cams note II: Because of other FL towns ignoring the law on right turns (like Glen Cove Springs, http://www.banthecams.org/Red-Light-Camera-News/another-day-another-town-ignoring-the-wandall-scamera-law-on-right-turns-tickets-tossed-by-judge.html), BAN THE CAMS STRONGLY RECOMMENDS TO ALL FLORIDIANS TO NOT MAKE ANY RIGHT TURN ON RED WITH A RLC! The cities are all over the board (even with the same vendors).
http://www2.hernandotoday.com/content/2011/oct/05/061648/your-right-to-turn-right-on-red/news/
Your right to turn right on red
By JEFF SCHMUCKER | Hernando Today
Published: October 5, 2011
Updated: 04:48 pm
BROOKSVILLE From attorneys who advise readers how to fight your red light camera tickets — here's another tip for those who receive one next year for a right-on-red infraction.
In light of Brooksville City Council members approving to install 20 cameras at intersections next year, at least two attorneys — who are also members of the Florida Traffic Court Rules Committee — say radar devices that capture a vehicle's speed as it goes through an intersection would likely not be admissible in civil traffic court.
To recap, last year Florida lawmakers approved changes to red light camera enforcement to include defending red light camera tickets in traffic court rather than going before a hearing officer.
Also, motorists wouldn't receive a camera ticket by turning right at a red light without stopping as long as they turned in a "careful and prudent manner" — a term that was not defined.
But Brooksville City Council members attempted to do just that. When red light cameras become operational next March, they could receive a ticket by turning right at a red light if they do so while traveling at more than 5 mph.
Along with photo and video capabilities, the cameras also have radar devices built into them that can record a vehicle's speed.
But therein lies a potential defense for those who choose to go before a traffic court judge to challenge tickets.
David Haenel, an attorney and vice chairman of the Florida Traffic Court Rules Committee, said many rules and procedures have to be followed for speed devices to be admissible in court. And those attached on red light cameras are not immune.
"Unequivocally yes, the speed shouldn't be allowed to be admitted into evidence," Haenel said. "Who's going to come into court and say that the radar devices are calibrated properly?"
Jason M. Melton, a Spring Hill attorney with Whittel & Melton LLC, agrees and added that law enforcement officials are required to go through a specific process to ensure that radar devices are calibrated correctly and must keep record logs showing their maintenance.
"It's the equivalent of saying, 'Let's give these guns to these police officers with specific rules, but then we'll give guns to this special set of storm troopers over here without any of those rules,'" Melton said. "That doesn't make any sense."
Similar concerns were made during Monday's meeting when Councilmember Joe Bernardini asked red light camera contractors how uncertified radar devices could be used to enforce the right-on red rule?
At that time, a representative of Sensys America Inc. claimed the cameras weren't enforcing speed per se, and therefore wouldn't be subject to the requirement.
Challenging your ticket
Under the new Florida red-light camera law, offenders will not only be sent a ticket with copies of photos showing their vehicles committing a recorded offense, but alleged offenders will also have the option of filling out an affidavit challenging that they weren't the driver.
However, in using that defense, the vehicle owner is required to give up the name and address of the person who was driving the vehicle when the offense occurred.
Violators have 30 days to pay the $158 fine or send in the affidavit. Those who lie on the document could face penalties.
They also have the option of challenging the ticket in court — where the ticket fines are $100 more just as they would be if someone received a regular traffic ticket.
Penalties could also include up to $500 in additional court costs and points against the offender's license.
Melton cautioned there's no guarantee a judge will side with the driver, but thinks those who argue some of the points previously mentioned could have a good case.
He added that drivers also have another option — one some business owners and council members fear many will follow.
"My advice is come to Spring Hill. We have a lot of businesses, so what are you doing there in Brooksville," Melton said? "Many people do actually make driving decisions based on things like speed traps. Just look at Waldo. People go out of their way to avoid it because it's one big speed trap. And for a small community, that's a big deal."
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