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WSH Litigators Win Red Light Camera Appeal for City of Aventura

On April 24, WSH Partner Edward G. Guedes and Associate Samuel I. Zeskind obtained an appellate victory for the City of Aventura (the “City”) in a dispute over the City’s red light camera program. The appeal challenged a conviction for a red light camera citation. In her appeal, Geovana Achury argued in part that the trial court violated her right to due process by predetermining the evidence and relying on evidentiary and pre-trial rulings made in an unrelated case. The trial court relied on previously-determined evidentiary rulings in State of Florida v. Jason Vanderpool, 2011 WL 2742641 (Fla. Miami-Dade Cty. Ct. 2011) concerning the validity of the procedures used by American Traffic Solutions and other companies that maintain red light cameras. Taking judicial notice of the evidentiary rulings, the trial court held that the photographs and video generated by these cameras were admissible evidence.

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Categories: LitigationLocal Government
Tags: Governmental LitigationMunicipal GovernmentRed Light CamerasMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinSamuel I. ZeskindEvidenceMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

The Red Light Camera Diaries: Florida Supreme Court to Determine Whether Programs Preempted by State Law

The Florida Supreme Court will hear cases from the Third and Fifth District Court of Appeal to determine the legality of red light camera ordinances in Aventura and Orlando. The Third and Fifth Districts issued conflicting opinions on whether the red light cameras circumvented Florida’s Uniform Traffic Control Law. In Aventura v. Masone, the Third District ruled that the City of Aventura’s red-light camera program was a valid and enforceable program that was not preempted by state law. Specifically, the Court found that Aventura properly invoked its broad home rule and police powers to regulate red light camera violations on its own roads through the use of red light camera powers, and to issue citations and collect fines under its code enforcement powers. The Court further found that Chapter 316 did not expressly preempt the City’s police powers in this area of traffic regulation. In City of Orlando v. Udowychenko, the Fifth District held that the city’s red light camera ordinance expressly and impliedly conflicted with state law because it enforced conduct specifically prescribed by state law.

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Categories: LitigationConstitutional Law
Tags: Red Light CamerasRule EnforcementFlorida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFlorida LegislatureMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysSouth Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Litigation Attorney

The Red Light Camera Diaries: Sarasota County Denies Due Process Challenge Brought by Driver

Last week, we reported that a Polk County judge denied a Motion to Dismiss brought by 40 ticketed drivers challenging red light camera citiations on constitutional grounds.  In that case, the court rejected the drivers' argument that issuance of citations generated by red light camera violations violated the equal protection clausen. On August 29, a County Court judge in Sarasota County denied a Motion to Dismiss brought by a defendant driver who had been issued a red light camera citation. County Court Judge Kimberly Bonnner held that the defendant failed to prove that the issuance of a citation for red light camera violations did not constitute a violation of the due process clause.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentRed Light CamerasRule EnforcementMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellDavid M. WolpinFlorida ConstitutionFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

Florida Courts Continue to Side with Municipalities in Red Light Camera Challenges

Throughout the past year, judges in both Broward and Miami-Dade County have heard challenges to the red light camera systems on constitutional and evidentiary grounds, and have ruled in the municipalities’ favor. This summer, Polk County entertained a similar challenge from more than 40 ticketed drivers, with similar results.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Red Light CamerasRule EnforcementJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaSamuel I. ZeskindFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Litigation Team Wins Big For Aventura: Third DCA Holds Red-Light Camera Program Not Preempted By State Law

Today, in a much anticipated decision for local governments, the Third District Court of Appeal ruled that the City of Aventura’s red light camera program, operated pursuant to its police and code enforcement powers, was valid and enforceable, and was not preempted by the State’s Uniform Traffic Control Law set forth in Chapter 316, Florida Statutes.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentRed Light CamerasRule EnforcementPreemptionMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida Litigators
Author(s): Michael S. Popok

Red Camera Violators Get Partial Refund From City of Hallandale Beach

On November 2, City Commissioners in Hallandale Beach approved a settlement that would enable red camera violators cited by the City before July 2010 to each receive $20 refunds for issued citations.

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Categories: LitigationGovernment AffairsLocal GovernmentClass ActionsConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentRed Light CamerasRule EnforcementMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida Litigators
Author(s): Brooke P. Dolara

Miami-Dade County Judge Rules Red-Light Camera Program Is Constitutional

Yesteday, Judge Steven Liefman ruled that the current programs operated by South Florida cities do not violate equal protection and that they are not unconstitutional.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentRed Light CamerasRule EnforcementJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. Mandel
Author(s): Michael S. Popok

Broward Judge Rules Red Light Cameras Are Constitutional

On August 17, a Broward judge ruled that the red light cameras operating at various intersections throughout South Florida do not violate drivers' constitutional rights.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentRed Light CamerasRule EnforcementFlorida Supreme CourtMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. Mandel
Author(s): Brooke P. Dolara

Michael S. Popok To Discuss Red Light Cameras in Keynote Speech at Friday's MDCCMA Luncheon

This Friday, Michael S. Popok will discuss the topical and controversial red light cameras when he delivers the keynote speech at the Miami-Dade City and County Management Association (MDCCMA) Luncheon.  In his speech, Michael will share his knowledge about photo enforcement and related constitutional issues.  Michael has been interviewed extensively on these issues and quoted numerous times in various media outlets, including a recent article in the international publication Bloomberg News.  For more information about the event, read here.

 

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Categories: LitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentRed Light CamerasMitchell A. BiermanJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation Attorney
Author(s): Brooke P. Dolara

Michael S. Popok Quoted by Bloomberg News Concerning Red Light Cameras

The discussion around red light cameras and photo enforcement isn't just heating up in the Sunshine State; it's gotten worldwide attention as well.  Bloomberg News reached out to Michael S. Popok for his thoughts on the red light cameras; you can read the article here.

 

 

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Categories: LitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentRed Light CamerasFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara