October 28, 2014

Hundreds of thousands of red light citations issued by American Traffic Solutions in question

Hundreds of thousands of red light citations issued to Florida drivers across 70 counties and municipalities are in violation of state law, according to a complaint filed in federal court yesterday.
The class action lawsuit filed in the United States District Court for the Southern District of Florida, Miami, alleges American Traffic Solutions, Inc. (“ATS”), one of the two largest traffic camera operators in the country, improperly stepped into the shoes of law enforcement in administering Florida’s red light program by issuing Notices of Violation and Uniform Traffic Citations.  Under Florida Statute Section 316.0083(1)(a) only  Traffic Infraction Enforcement Officers, who are  government employees, are authorized to issue Notices of Violation and Uniform Traffic Citations. On Oct. 15, 2014, the 4th District Court of Appeals affirmed that ATS’s practices contravene the Florida Statute in City of Hollywood v. Arem, No. 4D12–1312.

“The law mandates that qualified officers must determine who has violated our traffic laws and issue traffic citations, keeping the authority to enforce the law in the hands of law enforcement.   ATS’s actions are a clear violation of the statute,” said plaintiffs’ lead attorney Theodore J. Leopold of Cohen Milstein Sellers & Toll PLLC.

The lawsuit was filed by Florida residents Christopher L. Parker and Marwa Moussa, on behalf of all individuals who received a Notice of Violation or Uniform Traffic Citation in Florida as a result of an image or video taken from a red light camera administered by ATS from July 1, 2010 through the present.

“With the filing of the complaint, we will look forward to working to getting this matter certified as a class action so that all who have been harmed can be provided just restitution,” Leopold stated.

Cohen Milstein Sellers & Toll PLLC attorneys Theodore J. Leopold, Andrew Friedman, and Sally Handmaker represent the plaintiffs in this matter, along with co-counsel Andrew T. Trailor, P.A.

Complaint - October 27, 2014

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