By Dan Tracy, Orlando Sentinel

5:39 p.m. EDT, May 17, 2011
The state's red-light camera law is unconstitutional, an Orlando attorney contended in Orange County court Tuesday, providing what could be a preview of a much larger attack on a system generating millions of dollars in fines across Florida.

Robert Azcano, of the Ticket Clinic law firm, only represented two clients, but he made arguments that could well be used again June 17 in Orlando.

That's when several other attorneys with clients who have been issued red-light camera tickets will plead their cases before a collection of Orange County judges. They will be heard together because of their similarities.

But Orange County Judge Jerry Brewer decided he would hear Azcano's complaint separately on Tuesday. Brewer promised a decision early next week.
At issue is a measure passed by the Legislature and signed into law by former Gov. Charlie Crist in July 2010. It allowed tickets to be mailed out to the owners of cars that ran red lights at intersections monitored by cameras.

Azcano said the system deprives ticketed motorists of the constitutional rights to due process and equal protection under the law. He also said there is too much of a financial incentive to issue citations, violating the statute's prohibition of ticket quotas.

Camera tickets, he said, coerce drivers to pay rather than defend themselves because the fine is $158. But by going to court, the motorist risks having the fine almost doubled, as well as having points levied on his license, which could increase insurance rates. No points are assessed with camera tickets that aren't appealed.

The hearing lacked balance because no one showed up from Attorney General Pam Bondi's office, which was expected to defend the law. A spokeswoman for Bondi said they did not know there was a hearing, though Azcano and Brewer indicated notice was sent.

But a Miami judge ruled against those arguments last month. Among the cities involved in that case were Miami Gardens, Miami Beach, North Bay Village and Bal Harbor Village.

More than a half dozen jurisdictions in Central Florida are renting cameras from private companies, including Orlando, Orange County, Apopka, Ocoee, Winter Park, Maitland and Winter Springs. Kissimmee, Oviedo and DeLand are negotiating contracts, too.

Critics long have contended the cameras are all about raising money for cash-strapped governments. Proponents say they improve safety.

An Orlando Sentinel review of the law found it is applied erratically in the region, especially when it comes to tickets for turning right on a red light. Orlando, for instance, does not enforce right-turn tickets, while Apopka routinely issues citations if the motorist does not come to a complete stop before the white line.

State law says drivers do not have to stop as long as they make the turn in a "safe and prudent" manner at a camera-monitored road.

Almost 60 cameras are running in Central Florida, mostly in Orange County. Each camera costs government about $4,500 a month, with that money going to companies such as ATS of Phoenix, the most popular vendor in Central Florida.

Orlando alone has brought in nearly $7 million in fines since starting the program in September 2008. It expects to pay more than $900,000 to ATS this year.

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