Florida Court Rules that Florida Speeding Ticket was not Lawfully Issued

A Florida Circuit Court in Palm County, Florida ruled that a Florida Speeding Ticket was not lawfully issued. In Levine v. Town of Juno Beach, Florida (FLWSUPP 1804LEVI, February 2, 2011), a Florida driver, Cary Levine, was issued a Florida speeding ticket based solely on a traffic camera. Levine’s vehicle was photographed by an unmanned van equipped with both radar and photo capabilities. She was issued a citation for exceeding the posted speed limit. The Town’s Code authorized the use of an unmanned van, camera, and radar device to issue speeding citations. Section 316, Florida Statutes, governs unlawful speed and speeding tickets. It dictates how unlawful speed is defined, the appropriate manner for documenting and recording an alleged violation, and judicial process involved. Florida Statute Section 316.1906(2)(b) requires a police officer to make “an independent visual determination that the vehicle is operating in excess of the applicable speed limit.” Since the speeding ticket was not in compliance with Section 316, the evidence of speeding was unadmissible in court.

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