Drivers nabbed by red light cameras want their money back (Florida)

 

"Motorists from 65 Florida cities and counties want their money back after paying red light camera tickets that a state appeals court deemed illegal two years ago.

Last week, a federal appeals court said not so fast.

The U.S. Court of Appeals for the 11th Circuit, overseeing Florida, Georgia and Alabama, denied a ticket refund worth more than $200 million. But it also denied the local governments' request to dismiss the class-action lawsuit, thereby allowing it to proceed."

http://www.houmatoday.com/news/20160922/drivers-nabbed-by-re...

    I liked this:

"The 65 cities and counties named in the class action lawsuit claimed a defense of “sovereign immunity” to avoid paying back the ticketed motorists.

Sovereign immunity is a legal doctrine that states the government is immune from civil or criminal prosecution.

Both federal courts denied the defense, stating that the legal principle doesn’t apply to “unlawful monetary extractions."

haha

people who broke the law, demand their money back. I understand, it's not about the principle or right or wrong, the law is our bedrock. It's like being part of a class action and getting money sent to you. Within the last year I got $30 for defective headlights. Also got a postcard saying I'm a member of a facebook class action (I made money on the stock). This is how our society behaves today.

nassau county nY refunds for illegal speed camera tickets

For 3 weeks in the summer of 2014, Nassau County NY refunded every single speed camera ticket for a total of $2.4 million because they were not issued according to law.

Speed cameras were only permitted in school zones and the speed limit is in effect only on school days. The tickets were issued when school was closed.

This mistake caused such outrage among the public that the speed camera program had to be discontinued.

dobs108 smile

Requirements of Laws

Laws establish requirements for both the public and the regulatory authority. If the authority does not follow the basic requirements of a law then the validity of that law is forfeit.

In this case it was that speed cameras were erected outside of the specified location where they were permitted. As a result all tickets issued by these cameras were declared invalid.

That does not mean the drivers did not exceed the speed limit, just that the evidence used to identify them cannot be used. Sad, but true.

 

DanielT wrote:

Laws establish requirements for both the public and the regulatory authority. If the authority does not follow the basic requirements of a law then the validity of that law is forfeit.

In this case it was that speed cameras were erected outside of the specified location where they were permitted. As a result all tickets issued by these cameras were declared invalid.

That does not mean the drivers did not exceed the speed limit, just that the evidence used to identify them cannot be used. Sad, but true.

I'm glad we live in a country where (supposedly) illegally gained evidence cannot be used for prosecution.

Not sad to me

DanielT wrote:

...That does not mean the drivers did not exceed the speed limit, just that the evidence used to identify them cannot be used. Sad, but true.

This attitude makes ME sad. It's okay for the gov't to skirt the laws, but it's not okay for a driver not to get a ticket because the gov't doesn't follow the law. Sorry, I'm on the side of the driver.

Phil

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"No misfortune is so bad that whining about it won't make it worse."