Florida Personal Injury Lawyer Blog

Florida drivers are witnessing a rise in the number of shiny new red-light cameras at intersections all over counties in Florida. The most common ones are placed over top red lights at intersections, but others exist disguised as poles behind each corner of the intersection. Approximately twenty-seven cities and two counties were sued with more than half agreeing to settle, and the other half continuing with litigation.

The experienced South Florida trial attorney’s are fighting for the citizens all over Florida. The firm’s class action lawsuits resulted in changes to the law in July 2010 making it much easier for citizens to contest tickets in front of a judge. Another key change resulting from the suit is broad restrictions on right hand turn red light tickets. These were responsible for approximately 80-90% of all tickets in Florida.

In addition to increasing due process for the citizens of Florida, Jason Weisser, a senior partner in the firm states, “the lawsuit made the process much more fair and we are proud of that.” “It has standardized fine schedules and made them consistent around the state. Plus the money collected now goes to the State of Florida rather than to a private company.”

As plaintiff’s attorneys we strive to fight for the people. Our mission is to hold lawmakers accountable for their actions and create equality for the citizens of Florida. We hope one day to get this case brought in front of the Florida Supreme Court, because under current legislation we are only suing individual cities and counties.

Continue reading "Florida Class Action Lawsuit Regarding Red-Light Cameras Proves Successful - New Laws More Fair to Drivers" »

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.