Florida District Appeals Court Ruling Dismisses ‘Sideways’ Attack on Mark Wandall Traffic Safety Act
Scottsdale, AZ -- In yet another court ruling, the use of red-light safety cameras has been upheld as legal and constitutional.
The State of Florida’s Fourth District Court of Appeal’s ruling on Wednesday overturned a lower court’s decision. The lower court had previously held that separate laws assessing different penalties against red-light runners required citizens to be treated differently for the same infraction, thereby violating state and federal constitutions. The less stringent of the two laws permits police to use red-light cameras to issue tickets without assessing points against a driver’s license. The other law allows police officers to cite drivers in person for running red lights and to assess points against their license. The trial court found the Mark Wandall Traffic Safety Act with its lesser civil penalties rendered the more stringent law unconstitutional.
The higher court found the trial court erred in its decision. In the ruling written by Chief Justice Melanie G. May, the court ruled that both laws meet state and federal constitutional requirements and can be enforced without legal conflict.
“Because points are ‘personal,’ it would not be reasonable for the legislature to impose them based on a red light violation captured by a camera as there is no law enforcement officer present to determine who actually operated the vehicle. There is therefore a rational basis for the differing penalties between the two statutory provisions,” the court wrote.
ATS’ General Counsel George Hittner said, “This side-attack against the Mark Wandall Traffic Safety Act provided the court system with another opportunity to reveal the solid legal foundation by which police can use legal and technological tools available to them to provide the highest level of safety for all those who travel the streets in Florida.”
This ruling in Florida is consistent with many others within Florida and throughout the United States upholding the legal and legitimate use of photo enforcement systems. A copy of this ruling can be found here. (http://www.4dca.org/opinions/July%202012/07-25-12/4D11-2876.op.pdf)
About American Traffic Solutions:
ATS is proud to be the market leader in road safety camera installations in North America. ATS has more than 3,000 installed red-light and speed safety cameras serving more than 30 million people. ATS has contracts in nearly 300 communities in 21 states and Washington, D.C. ATS is a privately-owned, U.S. corporation. For more information, please visit: www.atsol.com or www.PlatePass.com. To view video that serves as a chilling reminder of the dangers that red-light runners present to our family and children; visit ATS on YouTube here: http://www.youtube.com/user/ATSRoadSafety
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