News

Traffic camera tickets tested

Jeff Schmucker
Published: November 29, 2012

BROOKSVILLE - Attorney Peyton Hyslop is 2-0 in successfully challenging red-light camera tickets in court and arguing the photos and video from the devices can't be used as evidence to ticket motorists.

However, that record will be put to the test with a different judge slated to hear eight red-light camera cases next week.

With thousands of tickets having been issued since the red-light cameras began being installed last May, Hyslop said he expects many more to be ticketed in the coming months.

And as news of his successful case against the cameras spreads, so do the number of those who call seeking representation.

"I think we got another eight to 10 today in fact," Hyslop said. "I mean, they're handing out how many tickets a day? There are a lot of people who don't believe the city or the red-light camera company should be able to take their money."

Previously, Hyslop successfully defended Spring Hill resident Julio Carral by arguing red-light cameras fail to show whether the vehicle owner is the driver who commits the traffic infraction, since they cannot show who the drivers are.

In another case pertaining to Brooksville resident Kelly McGarrity, the same judge, Kurt Hitzemann, agreed with a motion to dismiss the case due to there being no proof that she received a ticket in the mail.

"This last case, we made one objection and the judge agreed to it, so it didn't get that far," Hyslop said.

In 2010, lawmakers backed a bill that allowed for the cameras statewide, along with an increase in ticket costs to violators from $125 to $158, with the state taking a cut of $83.

The cameras are installed at intersections and typically capture a driver's license plate number and provide video showing the offense — either a driver going through an intersection while the light is red or improperly turning right on red without stopping.

In 2011, Brooksville City Council members approved bringing back the traffic cameras after the group had a year earlier opted not to continue with red-light camera enforcement.

Efforts for camera enforcement to be in full swing have been slowed while officials have been waiting for the Florida Department of Transportation to approve all the camera locations.

Having successfully defended clients before Judge Hitzemann, Hyslop now must do the same before Judge Donald Scaglione on Monday. Should he prove successful, Hyslop indicated that would be at a minimum two local judges to agree to arguments that the cameras don't provide enough evidence to ticket drivers.

"I'm hoping to make that record 10-0," Hyslop said. "I'm thinking the same arguments will prevail, but you never know."

jschmucker@hernandotoday.com (352) 544-5271