Today Florida’s 2nd District Court of Appeals (DCA) ruled that municipalities can contract with 3rd party vendors to sort through images and issue violations for red light violations. This ruling covers Polk, Pasco, Hillsborough Pinellas, Manatee, and other counties in the jurisdiction of the 2nd DCA. The opinion can be read here.

While the opinion is not final due to a potential rehearing, it is highly unlikely for the court to change its opinion. This opinion is in conflict with the 4th DCA’s opinion (Palm Beach county area) so it can be appealed to the Florida Supreme Court to determine which court is correct and whether the red light cameras are constitutional.

I litigated these issues at the trial court level in Polk County and lost also. The issues are similar between the 2nd and 4th DCA, but the red light camera companies and the Attorney General changed their testimony in arguments after losing in the 4th DCA. How these conflicts play out at the Florida Supreme Court are yet to be determined.

For now, if you get a ticket in counties governed by the 2nd DCA, you can pay the violation immediately so that the violation does not go on your driving history or fight the ticket. A red light camera ticket lawyer can argue various defenses for you if you choose to fight it instead, then you can see if the Florida Supreme Court sides with the 4th DCA. Remember, these tickets generate revenue for the cities so what do you think the outcome will be?

map of florida court of criminal appeal districts
MAP OF FLORIDA’S FIVE DISTRICT COURTS OF APPEAL

Tags: Attorney General DCA District Court Florida Supreme Court Hillsborough Pinellas Palm Beach Polk County testimony Today Florida

01

Nov 2016

Tue

comments are closed

Lakeland

(863) 688-4606

Tampa

(813) 789-6404

Lutz

(727) 457-8660

Testimonials

Thomas Grajek is a great lawyer

After my husbands DUI, I met with a couple of lawyers but NONE were as attentive as Thomas Grajek. Thomas was able to beat the DUI charge that I thought would be impossible. Not only did he save us money, he also helped put our lives back. I would recommend Mr. Grajek to anyone in our situation. Thsnkd Tom!!!

Thomas Grajek is a great lawyer

Excellent Attorney....called this attorney on a Saturday. He was quick to call me back and even gave me free advice as to how to handle the situation we were in. We ended up hiring him best decision we made. Would recommend this attorney to anyone.

Thomas Grajek is a great lawyer

Got a DUI a few months ago and got Toms name from a friend of mine.. I am more then satisfied with the way he handled my case and the way he kept me informed the whole time.. I got off on reckless with a with hold which i am more then happy to have on my record then a dui... He's a very down to earth guy and definitely trys to relate to where ur comin from.. I would with no doubt recommend Tom to friends and family... Thanks Tom ur the best!!!!!!

Thomas Grajek is a great lawyer

Great DUI Lawyer!! He got my DUI dropped to a reckless driving charge!! definitely went above and beyond for my case!!!He is very easily accessible and always promptly returned my phone calls/emails.

Thomas Grajek is a great lawyer

I have just moved to the Tampa area. I was intoduced to Tom after being arrested for a DUI. Within minutes of being bonded out Tom came to my place of employment with all needed documents to "get the ball rolling". He always kept me informed on my case and when the time came for my hearing, I plead guilty to wreckless and had no fines and very little commuity service. Thomas Grajek is a great attorney and I feel he would be a valuable assett in anyone's defense.