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Traffic camera verdict looms

Jeff Schmucker Hernando Today
Published:   |   Updated: May 7, 2013 at 06:19 PM

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A decision in a court challenge to red-light camera enforcement might come any day and also could provide motorists viable arguments to help get out of paying their tickets.

Peyton Hyslop, an attorney involved in one of Brooksville's first challenges of a red-light camera ticket, said Monday that the time given for the State Attorney's Office to issue an argument in the case has passed with no response.

All that leaves is the judge's decision, he said.

Hyslop added that the Hogan Law Firm, which represents the city of Brooksville, submitted challenges to Hyslop's arguments made in late August that motorists aren't given a fair opportunity to dispute their red light camera tickets or that the city's contract with the camera vendor isn't legal, since it relies upon meeting a ticket quota to pay the company.

Whether traffic court Judge Kurt Hitzemann reads or considers those arguments is unknown, Hyslop said. But when asked whether he should submit a rebuttal to the counter arguments, Hyslop said the judge told him, "No."

"I'm very optimistic that we're going to get a good result," Hyslop said of the decision.

Hyslop took on the case for his client, Spring Hill resident Julio Carral, who received a $158 red-light camera ticket after one of the devices recorded his vehicle in May running a red light at the intersection of U.S. 41 and Wiscon Road.

During a court proceeding in August, Hyslop argued that the case against his client should be dropped due to:

However, George Angeliadis, an attorney for the Hogan Law Firm, dismissed Hyslop's arguments in a letter to the judge and argues that police comply with all notice requirements to create "the rebuttable presumption" that (Carral) committed the traffic violation.

Angeliadis further wrote that even if the judge agrees with Hyslop about the city's contract with Sensys, he said the "dismissal of the citation is not the proper remedy."

Hyslop said he is undeterred.

"There have been a lot of opinions written around the state and a majority of them are finding some flaw with the methodology and procedures," he said. "But again, it's up to the judge to decide now."

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