JUSTICE BUILDING BLOG

WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Wednesday, July 27, 2016

RED LIGHT CAMERAS - THIRD DCA SPEAKS .....


THE CAPTAIN REPORTS:

RED LIGHT, GREEN LIGHT ..... IT'S A GREEN LIGHT FOR THE COUNTY IF YOU RESIDE IN MIAMI-DADE, FOR RED LIGHT TICKETS .....

So, for now, if you see this:



 
Then, you can expect to see this:

 


That's because, today, the Third District Court of Appeal, finally issued their long awaited opinion ruling on Judge Leifman's Order that dismissed a red light citation.  The case was heard before Judges Wells, Emas, and Logue, with Logue writing the opinion, that can be found here. (go to page 29 of the 36 page opinion to read the three certified questions).

In their opinion ruling against the driver and for the City of Aventura they "distinguish City of Hollywood v. Arem, 154 So. 3d 359 (Fla. 4th DCA 2014), in which the Fourth District dismissed a traffic citation on the grounds that a city’s process of using red light cameras gave unfettered discretion to a vendor."

But, "because of the broad public and institutional interest in red light cameras", they certified three issues to the Florida Supreme Court as having great public importance.  Judge Wells did not agree that the matter was of great public importance but she did agree to certify the case as being in conflict with the 4th DCA.

h/t DBR and they cover the story here.

CAPTAIN OUT .....
Captain4Justice@gmail.com

5 comments:

Anonymous said...

I was undecided. Then Jesse spoke. What an honorable man. Martin would be proud. Is al gonna speak. Go Shillary

Anonymous said...

This court unfortunately sided with the money red light cameras generate for the state. Hopefully the Florida Supreme Court will take the case and rule according to the law - in which case all the cameras in Florida will be taken down.

James C. Walker, National Motorists Association

Anonymous said...

Money, money, money. It's all about the Benjamins.

No Longer JAFI said...

Logue has never met a government regulation he didn't like.

Anonymous said...

11:07, neither has Leifman.