Florida Personal Injury Lawyer Blog

Are you one of the countless Floridians who have been surprised by receiving a traffic ticket and you had no idea that you had done anything wrong? Don’t feel alone, there are 22 municipalities in the State of Florida that are currently using red light cameras/speed vans to issue tickets to vehicles that violate the traffic law. The ultimate problem is that these cities have to pass a law to allow this type of enforcement activity to occur. The ordinances the cities have passed shifts the presumption of innocence on to the vehicle owner so that they are forced to disprove their guilt. Our constitution’s guarantee of due process and being able to rely on “innocent until proven guilty” is no longer the case in this set of circumstances.

For example, if someone used your car for the day and ran a red light, you would receive the ticket (as the vehicle owner). From there, you would have to prove to the city that the person that borrowed your car was driving it and did not have your permission.

The law firm of Schuler, Halvorson and Weisser, P.A. is filing class action suits in each of these jurisdictions seeking that the court declare the ordinances unconstitutional and refunding all ticket monies collected to those who were cited. We feel strongly that this course of conduct is in direct violation of the U. S. Constitution, the Constitution of the State of Florida and statutory law and our experienced and dedicated attorneys are willing to do what it takes to assure that each and every individual’s rights are protected.

If you or someone you know has received one of these traffic tickets as outlined above, please do not hesitate to contact our office and join the class action lawsuits that are being filed. The firm of Schuler, Halvorson and Weisser, P.A. will not represent you in your direct challenge of the citation. We cannot show up in municipal court for you on your traffic charge, nor can we advise you on how to proceed if you have not yet paid the citation. However, our firm will represent you in a class action lawsuit challenging the actual ordinance itself and thereby attempting to change these unconstitutional methods currently being utilized by so many Florida municipalities, and thereby assuring fair and proper business practices in the future in this regard in our state.

At Schuler, Halvorson and Weisser, P.A., there is no fee to you unless we make a recovery for you. We anticipate that we may be able to get back the money you paid for the ticket, and perhaps more, and we have asked that these unconstitional activities by these municipalities be stopped.