Contact: Charles Territo
Title: Senior Vice President of Communications,
Marketing and Public Affairs
Phone: (480) 443-7000
Tempe, AZ — American Traffic Solutions (ATS), the nation’s largest road safety camera provider, is awaiting two Florida courts to hear appeals that could significantly impact the statewide implications of the 2014 Florida Fourth District Court of Appeal Arem ruling regarding the role of red-light safety camera vendors in the violation review process.
“ATS and our Florida clients have always believed that the Fourth District Court of Appeal would have reached a different conclusion in the city of Hollywood v. Arem case had they had a complete record describing the vendor’s limited role in processing violations,” said George Hittner, General Counsel, American Traffic Solutions. “Now the issue will be considered by two additional courts of appeal.”
Earlier this year, Miami-Dade County Court Judge Steven Leifman and Pinellas County Court Judge William H. Overton paved the way for other Florida Courts of Appeal to evaluate the Arem decision when they expressed strong reservations about the ruling in Arem. In their separate orders addressing individual challenges to red-light running tickets in Aventura and Oldsmar, both judges said they disagreed with the Arem court’s conclusion but were bound to follow it.
In City of Aventura v. Jimenez, Judge Leifman wrote: “This court is without discretion to ignore the Arem decision and must dismiss this case. However, while being duty bound to follow the decision in Arem, this Court is free to disagree and to express its disagreement with that decision.” He goes on to say that the evidence presented in the case before him “makes it clear that the sole, unilateral, and unfettered decision making found unacceptable in Arem does not exist in this case.”
In Florida v. Trinh, Judge Overton wrote: “This court disagrees with the Arem Court’s conclusion and would conclude that the BRQ (Business Rules Questionnaire) criteria establish that ATS does not have ‘unfettered discretion’ to determine which events should be forwarded to the TIEO (traffic infraction enforcement officer).”
Both judges certified questions about the Arem ruling to be of great public importance, allowing the cities of Oldsmar and Aventura to appeal directly to higher courts. On Nov. 13, the Florida Second District Court of Appeal agreed to hear the State of Florida v. Trinh case that was heard before Judge Overton. On Nov. 19, the Florida Third District Court of Appeal agreed to hear the city of Aventura v. Jimenez case that was heard before Judge Leifman.
In the meantime, both Judge Leifman and Judge Overton issued stays on all red-light running ticket cases raising the Arem defense in their respective counties (Pinellas County and Miami-Dade).
“ATS is hopeful that this new examination of the issues raised in Arem will bring clarity to this process, which has left cities confused about the future of their red-light camera programs. A clear ruling will help cities continue to operate their red-light safety camera programs with confidence and continuity,” added Hittner. “ATS is proud of the service it provides to the communities of Florida through its camera programs and encourages all drivers to slow down on yellow and stop on red.”
About American Traffic Solutions:
ATS is proud to be the market leader in road safety camera installations in North America, and in Florida where ATS contracts with Apopka, Hillsborough County, Miami and nearly 50 other cities. Nationally, ATS has more than 3,200 installed red-light, speed and school bus stop arm safety cameras serving more than 30 million people. ATS has contracts in nearly 300 communities in 20 states and Washington, D.C. For more information, please visit: www.atsol.com or www.PlatePass.com. To view video that serves as a chilling reminder of the dangers that red-light runners present to our family and children; visit ATS on YouTube here: http://www.youtube.com/user/ATSRoadSafety.