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Agenda 12-22-16 Special Magistrate for Red Light Camera Violations December 22, 2016 - 9:00 A.M. Boynton Beach City Hall — Chambers 100 East Boynton Beach Blvd, Boynton Beach, FL A Page 1 of 2 1. Call to order by local Hearing Officer, JAMES D. STOKES 2. Amendments to the Agenda 3. Approval of Minutes 4. Swear in witnesses 5. Violation Hearings: Failure to comply with a steady red signal VIOLATOR ISSUING NOTICE # OFFICER A.1 NICHOLE C ADAMS CSO PETRIELLO 1851600134931 B.2 LASHUNDRA BEAUCHAMP CSO PETRIELLO 1851600136787 C.3 BYRLINE SYLVAIN CELESTIN CSO PETRIELLO 1851600080985 13.4 KIMBERLY SIMON DRUMMOND CSO PETRIELLO 1851600159672 E.5 JOSHUA A HAUPSTEIN CSO VERRIGNI 1851600175132 G.6 TABITHA MARIE KOLESSA CSO PETRIELLO 1851600181239 H.7 ADDIS GLORIA LEVI CSO PETRIELLO 1851600181676 1.8 JARRET EVAN ORENBUCH CSO PETRIELLO 1851600095777 J.09 JARRET EVAN ORENBUCH CSO PETRIELLO 1851600095785 K.10 EATHER ROSE REID CSO PETRIELLO 1 1851600183490 L.11 THOMAS DUANE RODERICK CSO VERRIGNI 1851600052570 N.12 SABINE SENATUS CSO PETRIELLO 1851600158716 0.13 DENISHA SHANTEL SHIVERS j CSO PETRIELLO 1851600146000 P.14 TIMOTHY JEROME SIMON JR. CSO PETRIELLO 1851600069632 Q.15 CUSTISIA COURTNEY SMITH CSO VERRIGNI 1851500164616 R.16 BERNADETTE E TURNAGE CSO PETRIELLO 1851600140383 6. Other business 7. City requests and reports 8. Local hearing officer requests and reports 9. Adj ournment NOTICE: If any decision of the Special Magistrate Violation Hearings affects you, and you decide to appeal any decision at this meeting with respect to any matter considered, you will need to ensure that a verbatim record of the proceedings is made, in which the records includes the testimony and evidence upon which the appeal is to be based. (The above NOTICE is required by State Law. Anyone desiring a verbatim transcript shall have the responsibility, at his or her own cost, to arrange for the transcript.) Special Magistrate for Red Light Camera Violations December 22, 2016 - 9:00 A. M. Boynton Beach City Hall — Chambers 100 East Boynton Beach Blvd, Boynton Beach, FL AGENDA Page 2 of 2 1. Call to order by local Hearing Officer, JAMES D. STOKES 2. Amendments to the Agenda 3. Approval of Minutes 4. Swear in witnesses 5. Violation Hearings: Failure to comply with a steady red signal S.17 VALENCIA ROUNDTREE CSO VERRIGNI 1851600155985 i I I i i i 6. Other business 7. City requests and reports 8. Local hearing officer requests and reports 9. Adjournment NOTICE: If any decision of the Special Magistrate Violation Hearings affects you, and you decide to appeal any decision at this meeting with respect to any matter considered, you will need to ensure that a verbatim record of the proceedings is made, in which the records includes the testimony and evidence upon which the appeal is to be based. (The above NOTICE is required by State Law. Anyone desiring a verbatim transcript shall have the responsibility, at his or her own cost, to arrange for the transcript.) City of Boynton Beach CITY OF BOYNTON BEACH B POL(L.�, • Q d� Intersection safety Program NOTICE OF VIOLATION 6:47°,741 -i, PO Box 22091 • m� ;az Tempe,AZ 85285-2091 �✓ Y \fil) „pcis4, NOTICE#: 1851500164616 PIN: 2796 .} View your video and pay with your Visa or MasterCard at www.Violationlnfo.com Amount Due: $158.00 III III III I I IIII II III III IIII IIIA IIIIIII III Due Date: 02/08/2016 ELAINE LAVERNE SMITH P. O. BOX 20871 y, WEST PALM BEACH, FL 33416 MS ON/(Date) AT TIME AT LOCATION COUNTY 11/2312015 08:37 PM SB NW 8TH ST @ W BOYNTON BEACH BLVD/SR 804 PALM BEACH .. ;L';:, :t NAME ® ` ELAINE LAVERNE SMITH '� STREET ADDRESS P.O.BOX 20871 - CITY STATE ZIP CODE -I WEST PALM BEACH FL 33416 - , DID UNLAWFULLY I OPERATE/DRIVE 0 PARK V YEAR MAKE MODEL STYLE COLOR E 2015 KIA OPTIMA 4D BLK H I _ CL NUMBER STATE REGISTRATION NUMBER E 980RXU FL 13537566 �~ .• . C Did then and there commit the following offense: ® , • FAILURE TO COMPLY WITH A STEADY RED SIGNAL ' :1; The recorded Images relating to the vehicle stated above are evidence of this violation. IN VIOLATION OF: - Florida Statutes§§316.0083,316.074(1)and 316.075(1)(c)1 -• - 2 ' POLICE DEPARTMENT i 1 _ ID#072 The traffic Infraction enforcement officer named or law enforcement officer above has reviewed the recorded images ISSUE DATE evidencing the red light signal violation,has identified the license tag number of the violating vehicle and has found 12/10/2015 ..1reasonable and probable grounds that an offense has been committed. STATUTORY PENALTY OF$158.00 IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE GO TO WWW.VIOLATIONINFO.COM Pay with your Visa or MasterCard at www.Violationlnfo.com or mail your check or money order with this coupon to the address below. :2155714‘ Imo, ‘7:1QA' VIII IliI I nil 1111111111 I III1111 III L visa NAME: ELAINE LAVERNE SMITH DUE:02/08/2016 1mas� NOTICE#: 185150014616 VERSION: 1 ISSUED: 12/10/2015 ' • PLATE:980RXU STATE: FL TYPE: •Si necesita ayuda en Espanol,favor Ilame al 1.866.225.8876. INo points will be assessed for this Notice of Violation nor will it affect •PLEASE RESPOND WITH PAYMENT,REQUEST A HEARING,OR L.vehicle insurance rates. SUBMIT AN AFFIDAVIT POSTMARKED ON OR BEFORE THE DUE DATE TO AVOID ISSUANCE OF A UNIFORM TRAFFIC CITATION ("UTC").SEE INSTRUCTIONS ON REVERSE SIDE. City of Boynton Beach •Pay with your Visa or MasterCard at www.Violationlnfo.com or mail Payment Processing Center your check or money order with this coupon to the address to the right. PO Box 742527 •Make your check or money order payable to City of Boynton Beach. Cincinnati,OH 45274-2527 •DO NOT MAIL CASH. •Write the Notice#located above on the front of your payment. •Insert this tear-off coupon in the enclosed envelope with the address to the right showing through the window. . AMOUNT DUE:$158.00 1 1851500164616 000014269517 158001 Your vehicle was observed by a traffic infraction detector failing to comply with a steady red light signal,in violation of Florida Statutes§§ 316.0083,316.074(1)and 316.075(1)(c)1, ' at the intersection, date, and time stated on the front page of this Notice of Violation ("Notice").This is a non-criminal infraction of state law. No points will be assessed and this infraction may not be used to set motor vehicle insurance rates. This Notice has been issued by the City of Boynton Beach. You have the following three options: a)Pay this violation in the amount of$158.00 on or before the due date specified on the front of this Notice;or b)Submit an affidavit by following the instructions below;or c)Request a hearing by signing and mailing the form below.You will be notified by letter of the time,location and date of the hearing.If you request a hearing and the Local Hearing Officer concludes that no infraction has been committed,this Notice will be dismissed and no costs or penalties shall be imposed. If the Local Hearing Officer concludes that an infraction has been committed,the Local Hearing Officer will uphold the infraction,and you will be responsible for payment of a$158.00 fine as well as additional administrative fees and costs not to exceed$250.00 as imposed by the Local Hearing Officer. SUBMISSION OF AFFIDAVIT:You may download an affidavit at www.Violationlnfo.com.As the registered owner of the vehicle,you are deemed responsible for the violation and the payment of a $158.00 penalty unless, in compliance with Florida Statute § 316.0083(1)(d)1.a-d, you establish by a sworn affidavit that a statutory exemption applies. The exemptions are that the motor vehicle:(a)passed through the intersection in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession; (b)passed through the intersection at the direction of a law enforcement officer, (c)was,at the time of the violation, in the care,custody,or control of another person;or(d)a Uniform Traffic Citation ("UTC")was issued by a law enforcement officer to the driver of the motor vehicle for the violation of Florida Statutes §§ 316.074(1) and 316.075(1)(c)1 stated in this Notice.The affidavit must be sworn before a notary public or other person authorized to administer oaths. If you assert that the vehicle was in the care,custody,or control of another person, you must provide the name, address, date of birth, and, if known, the driver's license number of the person who leased, rented, or otherwise had care, custody,or control of the vehicle at the time of the violation. If the vehicle was stolen,then the affidavit must include a copy of a police report showing the vehicle to have been stolen. If you assert that a UTC was issued by a law enforcement officer for the violation of Florida Statutes§§ 316.074(1)and 316.075(1)(c)1 stated in this Notice,then you must include the serial number of the UTC.For faster processing,you may,but are not required to,include a copy of the UTC. If your affidavit complies with the requirements of Florida Statute§316.0083,then no further action will be taken against you. The submission of a false affidavit is a misdemeanor of the second degree,punishable under Florida Statute§775.082 or§775.083 by a term of imprisonment not to exceed sixty(60)days and/or a fine not to exceed$500.00.If submitting an affidavit,it must be postmarked on or before the due date specified on the front page of this Notice in order to be appropriately processed.The affidavit should be mailed to City of Boynton Beach,c/o Intersection Safety Program,PO Box 22091,Tempe,AZ 85285-2091. Do not send payment or affidavit to the Clerk of the Court. If you fail to respond as outlined above,postmarked by the due date,a UTC will be issued to you. Upon issuance of a UTC,you shall have the remedies specified in Florida Statutes§§316.0083 and 318.14,which include(a)the right to pay the civil penalty in the amount of$264.00; (b)the right to submit an affidavit;or(c)the right to have a hearing before a designated official, who shall determine whether an infraction has been committed. If the official concludes that no infraction has been committed, the UTC will be dismissed and no costs or penalties shall be imposed. If the official concludes an infraction has been committed,the official will uphold the UTC and may impose an additional civil penalty not to exceed$500.00 and court fees and costs.Failure to pay,submit an affidavit,or request a hearing on the UTC could result in your driving privileges being suspended. VIEW YOUR IMAGES AND VIDEO EVIDENCE FOR THIS INFRACTION:The recorded images and video of your violation will be submitted as evidence for the disposition of this violation.You may view your images and video online at www.ViolationInfo.com.You will need your Notice#and PIN printed on the front of this Notice inside the red box. If you do not have Internet access,you may view your video and images at any public library. QUESTIONS:If you have any questions,please contact Customer Service toll free at 1-866-225-8875. (You must be the registered owner of the vehicle to discuss this violation with Customer Service.) PAYMENT INSTRUCTIONS ONLINE PAYMENT:The fastest and easiest way to pay your$158.00 penalty is online.Go to www.Violationlnfo.com and log on with your Notice#and PIN shown in the red box on the front of this notice.Click the Pay button.There is a convenience/service fee for this service. PAYMENT BY PHONE:Call toll free 1-866-225-8875 available 24 hours a day,7 days a week.There is a convenience/service fee for this service. PAYMENT BY MAIL:Mail your check or money order(payable to City of Boynton Beach)in the enclosed envelope with the coupon printed at the bottom of the reverse side of this Notice.PLEASE DO NOT MAIL CASH.Be sure to put the Notice#(see reverse)on the face of your payment.Payment must be postmarked on or before the due date. PAYMENT IN PERSON:No walk-in payments will be accepted. HEARING REQUEST FORM To request a hearing on the above referenced Notice pursuant to Florida Statute§316.0083,please submit the signed and dated coupon below in the envelope provided.The petitioner understands they will be notified of the date,time and location of the hearing.The Local Hearing Officer shall issue a final administrative order.If the Notice of Violation is upheld, the petitioner will be required to pay$158.00 and may also be required to pay county or municipal costs,not to exceed$250.00. NOTE:Per Florida Statute,you may cancel your appearance before the local hearing officer by paying the$158.00 penalty assessed,plus$50 in administrative costs,before the start of the hearing.The amount due will be$208.00. Detach here and return bottom portion as a request for an Administrative Hearing before a Local Hearing Officer. 185150016463,6I submit this form as a request to contest this Notice of Violation and acknowledge that it must be postmarked by the due date of this Notice to be a valid request.I understand that I must attend this 11 11 11 I hearing in person,unless represented by counsel appearing in person on my behalf. Please sign and print name using blue or black ink. Signature: Printed Name: Phone Number: City of Boynton Beach. • Violations Processing Center Tracking Number Florida Uniform Traffic PO Box 22091 9207190112892515206482 Citation Tempe,AZ 85285-2091 Customer Service#1-866-224-2354 NOTICE#: 1851500164616 PAYMENTS AND HEARING REQUESTS NOT ACCEPTED AT THIS ADDRESS PIN: 2796 View your video online at: www.Violationlnfo.com 1111111111111111111111111RVIIIII ELAINE LAVERNE SMITH Amount Due: $264.00 P.O. BOX 20871 Due Date: 04/03/2016 WEST PALM BEACH, FL 33416 ISSUE DATE:03/04/2016 FINE AMOUNT:$264.00 • Location:SB NW 8TH ST @ W BOYNTON BEACH BLVD/SR 804 Violation Date and Time:11/23/2015 8:37:19PM • A1KSU4E Vehicle License Number:980RXU FL FLORIDA UNIFORM TRAFFIC CITATION Important instructions to individuals charged with a non criminal traffic COUNTY OF El (1)F.H.P. • (2)P.D. 0 (3)S.O. 0 (4)OTHER infraction. You have been issued a Uniform Traffic Citation for a violation of PALM BEACH State Statute code 547-Red-Light Camera, Section, 316.075(1)(c)1 failure to stop at a red traffic signal pursuant to F.S. 316.0083 of the Florida State CITY(IF APPLICABLE) AGENCY NAME City of Boynton Beach Statutes. You are required to comply with one of the options listed below. If BOYNTON BEACH AGENCY it 34 you fail to comply with one of the options by the date listed your driving IN THE COURT DESIGNATED BELOW THE UNDERSIGNED CERTIFIES THAT privilege may be suspended until you comply and you may incur additional HE/SHE HAS JUST AND REASONABLE GROUNDS TO BELIEVE AND DOES SUMMONS cost associated with non-compliance. BELIEVE THAT ON: (VIOLATOR'S COPY) DAY OF WEEK MONTH DAY YEAR 0 A.M. PM DIRECTIONS TO RESOLVE THIS CITATION Monday Nov 23 2015 8:37:19 • NAME(PRINT) FIRST MIDDLE LAST OPTIONS:MARK ONLY ONE ELAINE LAVERNE SMITH STREET IF DIFFERENT THAN DRIVER'S LICENSE,°X"HERE 0 Option A:MAKE A PAYMENT P.O.BOX 20871 —11"-- • PAYMENT BY MAIL $264.00 must be received by 04/03/2016 payable by CITY STATE ZIP CODE check or money order directly to the Clerk of the Court. Sign and mail this WEST PALM BEACH FL 33416 original Citation with your payment. Please keep a copy for your records. TELEPHONE NUMBER DATE OF MO DAY YR RACE SEX HGT MAILING ADDRESS FOR THE CLERK OF COURT: Palm Beach County BIRTH Clerk of the Court, P.O. Box 3544, West Palm Beach, FL 33402. DO NOT Jun 14 1963 F MAIL CASH. DRIVER STATE CLASS CDL LICENSE YR.LICENSE EXP. COMMERCIAL VEHICLE • PAYMENT IN PERSON $264.00 may be paid in person at Clerk of the LICENSE Court, 205 North Dixie Highway, West Palm Beach, FL 33401, or check the NUMBER FL E YES❑NO❑ YES 0 NO ■ Clerk of Courts website for other locations on or before 04/03/2016. Include • this original Citation with your payment.Please keep a copy for your records. YR.VEHICLE MAKE STYLE COLOR PLACARDED HAZARDOUS MATERIAL 2015 KIA 4D BLK YES 0 NO ❑ •PAYMENT ONLINE http://www.mvpalmbeachcierk.com VEHICLE LICENSE NO. TRAILER TAG NO. STATE YEAR TAG EXPIRES 216 PASSENGERS 0 Option B: REQUEST A HEARING To challenge this Citation, request a court 98ORXU FL 20160614 YES El NO ❑ hearing prior to 04/03/2016. Sign and mail this original Citation to the Palm UPON A PUBLIC STREET OR HIGHWAY,OR OTHER LOCATION,NAMELY MOTORCYCLE Beach County Clerk of the Court, P.O. Box 3544, West Palm Beach, FL 33402. SB NW 8TH ST @ W BOYNTON BEACH BLVD/SR 804 YES 13 NO ❑ Please keep a copy for your records. If the official determines no infraction COMPANION CITATION NUMBER(S) has been committed, no costs or penalties shall be imposed and any costs or penalties which have been paid shall be returned in accordance with Florida Statute § 318.20. IF THIS BOX IS NOT CHECKED, A HEARING WILL NOT ❑ 0 0 0 BE SCHEDULED. THE COURT WILL SCHEDULE YOUR HEARING AND FT MILES N s E W OF NODE NOTIFY YOU OF THE DATE,TIME AND LOCATION. • DID UNLAWFULLY COMMIT THE FOLLOWING OFFENSE: VIOLATION OF STATE STATUTES§§316.075(1)(01 and 316.074(1)FAILURE TO STOP AT A RED TRAFFIC SIGNAL PURSUANT TO 0 Option C: AFFIDAVIT If you are the registered owner of the vehicle, you F.S.§316.0083 are deemed responsible for the penalty unless, in compliance with Florida Statute § 316.0083(1)(d)(1)-(4), you establish by a notarized affidavit that a statutory exemption applies. Please visit and log into www.Violationinfo.com to obtain an affidavit. SIGNATURE OF VIOLATOR DATE c OFC.ANTHONY PETRIELLO 072 ® - TROOPER/OFFICER NAME&RANK BADGE NUMBER - � y cy.. C Q `+tet . _ , SIGNATURE OF OFFICER ID NUMBER - O— a VIEW YOUR IMAGES AND VIDEO EVIDENCE OBTAINED FOR THIS CASE: The a recorded images and video of your violation will be submitted as evidence • for the disposition of this violation. You have the right to examine and observe your images and video online at www.Violationlnfo.com. You will need your Notice # and PIN printed on the top of this Citation inside the red box. If you do not have Internet access, you have the right to examine and observe your video and images at the local library. :s . • -, prompt City of Boynton Beach CITY BOYNTON pp-q( ®BEACH G�{POLi 4" COT 9 OF BEACH • � t> a Intersection Safety Program �—* 9 PPO Box 22091 NOTICE OF VIOLATION z Tempe,AZ 85285-2091 NOTICE#: 1851500164616 PIN: 2648 View your video and pay with your Visa or MasterCard at www.Violationlnfo.com Amount Due: $158.00 III III II I I III II II III VIII IIII I III I II Due Date: 08/13/2016 CURTISIA COURTNEY SMITH 1 1044 MENTONE RD '" <,. LANTANA, FL 33462 ' .�-F`" w .. ON/(Date) AT TIME AT LOCATION COUNTY - 11/23/2015 08:37 PM SB NW 8TH ST @W BOYNTON BEACH BLVD/SR 804 PALM BEACH M..H:n.,r °r fi r'z 'a,I NAME ® it CURTISIA COURTNEY SMITH rays STREET ADDRESS . ' 1044 MENTONE RD - ,. a ti. CITY STATE ZIP CODE . LANTANA FL 33462 •, E.' ii DID UNLAWFULLY •OPERATE/DRIVE 0 PARK • r . 744 ✓ YEAR MAKE MODEL STYLE COLOR `t`�l E 2015 KIA OPTIMA 4D BLK ' H I C L NUMBER STATE REGISTRATION NUMBER :Al. r E C 980RXU FL 13537566 _, F - r Did then and there commit the following offense: us. t FAILURE TO COMPLY WITH A STEADY RED SIGNAL "` - - -- ` The recorded Images relating to the vehicle stated above are evidence of this violation. • r IN VIOLATION OF: - - 'r Florida Statutes§§316.0083,316.074(1)and 316.075(1)(c)1 - POLICE DEPARTMENT ..4 • - �,in,xe„y 1/f�-..,.� ID#063q. w The traffic infraction enforcement officer named or law enforcement officer above has reviewed the recorded images ISSUE DATE • - . evidencing the red light signal violation,has identified the license tag number of the violating vehicle and has found 06/14/2016 reasonable and probable grounds that an offense has been committed. x • STATUTORY PENALTY OF$158.00 i IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE GO TO WWW.VIOLATIONINFO.COM Pay with your Visa or MasterCard at www.Violationlnfo.com or mail your check or money order with this coupon to the address below. 00,",0 [L vis NAME: CURTISIA COURTNEY SMITH DUE:08/13/2016 III III III I I III I II III III IIII I I II II NOTICE#: 1851500164616 VERSION:2 ISSUED:06/14/2016 PLATE: 980RXU STATE: FL TYPE: •Si necesita ayuda en Espanol,favor(lame al 1.866.225.8875. No points will be assessed for this Notice of Violation nor will it affect •PLEASE RESPOND WITH PAYMENT,REQUEST A HEARING,OR , vehicle insurance rates. _ _ _ SUBMIT AN AFFIDAVIT POSTMARKED ON OR BEFORE THE DUE DATE TO AVOID ISSUANCE OF A UNIFORM TRAFFIC CITATION ("UTC").SEE INSTRUCTIONS ON REVERSE SIDE. City of Boynton Beach •Pay with your Visa or MasterCard at www.Violationlnfo.com or mail Payment Processing Center your check or money order with this coupon to the address to the right. PO Box 742527 •Make your check or money order payable to City of Boynton Beach. Cincinnati, OH 45274-2527 •DO NOT MAIL CASH. •Write the Notice#located above on the front of your payment. •Insert this tear-off coupon in the enclosed envelope with the address to the right showing through the window. • AMOUNT DUE: $158.00 1 1851500164616 000015720221 158000 Your vehicle was observed by a traffic infraction detector failing to comply with a steady red light signal,in violation of Florida Statutes§§ 316.0083,316.074(1)and 316.075(1)(c)1, ' at the intersection, date, and time stated on the front page of this Notice of Violation ("Notice").This is a non-criminal infraction of state law. No points will be assessed and this infraction may not be used to set motor vehicle insurance rates. This Notice has been issued by the City of Boynton Beach. You have the following three options: a)Pay this violation in the amount of$158.00 on or before the due date specified on the front of this Notice;or b)Submit an affidavit by following the instructions below;or c)Request a hearing by signing and mailing the form below.You will be notified by letter of the time,location and date of the hearing.If you request a hearing and the Local Hearing Officer concludes that no infraction has been committed,this Notice will be dismissed and no costs or penalties shall be imposed. If the Local Hearing Officer concludes that an infraction has been committed,the Local Hearing Officer will uphold the infraction,and you will be responsible for payment of a$158.00 fine as well as additional administrative fees and costs not to exceed$250.00 as imposed by the Local Hearing Officer. • SUBMISSION OF AFFIDAVIT:You may download an affidavit at www.Violationlnfo.com.As the registered owner of the vehicle,you are deemed responsible for the violation and the payment of a $158.00 penalty unless, in compliance with Florida Statute § 316.0083(1)(d)1.a-d, you establish by a sworn affidavit that a statutory exemption applies. The exemptions are that the motor vehicle: (a)passed through the intersection in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession; (b)passed through the intersection at the direction of a law enforcement officer; (c)was,at the time of the violation, in the care,custody,or control of another person;or(d)a Uniform Traffic Citation ("UTC")was issued by a law enforcement officer to the driver of the motor vehicle for the violation of Florida Statutes §§ 316.074(1) and 316.075(1)(c)1 stated in this Notice.The affidavit must be sworn before a notary public or other person authorized to administer oaths. If you assert that the vehicle was in the care,custody,or control of another person, you must provide the name, address, date of birth, and, if known, the driver's license number of the person who leased, rented, or otherwise had care, custody,or control of the vehicle at the time of the violation. If the vehicle was stolen, then the affidavit must include a copy of a police report showing the vehicle to have been stolen. If you assert that a UTC was issued by a law enforcement officer for the violation of Florida Statutes§§ 316.074(1)and 316.075(1)(c)1 stated in this Notice,then you must include the serial number of the UTC.For faster processing,you may, but are not required to,include a copy of the UTC. If your affidavit complies with the requirements of Florida Statute§ 316.0083,then no further action will be taken against you. The submission of a false affidavit is a misdemeanor of the second degree,punishable under Florida Statute§775.082 or§775.083 by a term of imprisonment not to exceed sixty(60)days and/or a fine not to exceed$500.00.If submitting an affidavit,it must be postmarked on or before the due date specified on the front page of this Notice in order to be appropriately processed.The affidavit should be mailed to City of Boynton Beach,c/o Intersection Safety Program,PO Box 22091,Tempe,AZ 85285-2091. Do not send payment or affidavit to the Clerk of the Court. If you fail to respond as outlined above,postmarked by the due date,a UTC will be issued to you. Upon issuance of a UTC,you shall have the remedies specified in Florida Statutes§§316.0083 and 318.14,which include(a)the right to pay the civil penalty in the amount of$264.00;(b)the right to submit an affidavit;or(c)the right to have a hearing before a designated official, who shall determine whether an infraction has been committed. If the official concludes that no infraction has been committed, the UTC will be dismissed and no costs or penalties shall be imposed. If the official concludes an infraction has been committed,the official will uphold the UTC and may impose an additional civil penalty not to exceed$500.00 and court fees and costs.Failure to pay,submit an affidavit,or request a hearing on the UTC could result in your driving privileges being suspended. VIEW YOUR IMAGES AND VIDEO EVIDENCE FOR THIS INFRACTION:The recorded images and video of your violation will be submitted as evidence for the disposition of this violation.You may view your images and video online at www.Violationlnfo.com.You will need your Notice#and PIN printed on the front of this Notice inside the red box.If you do not have intemet access,you may view your video and images at any public library. QUESTIONS:If you have any questions,please contact Customer Service toll free at 1-866-225-8875. (You must be the registered owner of the vehicle to discuss this violation with Customer Service.) PAYMENT INSTRUCTIONS ONLINE PAYMENT:The fastest and easiest way to pay your$158.00 penalty is online.Go to www.Violationlnfo.com and log on with your Notice#and PIN shown in the red box on the front of this notice.Click the Pay button.There is a convenience/service fee for this service. PAYMENT BY PHONE:Call toll free 1-866-225-8875 available 24 hours a day,7 days a week.There is a convenience/service fee for this service. PAYMENT BY MAIL:Mail your check or money order(payable to City of Boynton Beach)in the enclosed envelope with the coupon printed at the bottom of the reverse side of this Notice.PLEASE DO NOT MAIL CASH.Be sure to put the Notice#(see reverse)on the face of your payment.Payment must be postmarked on or before the due date. PAYMENT IN PERSON:No walk-in payments will be accepted. HEARING REQUEST FORM To request a hearing on the above referenced Notice pursuant to Florida Statute§316.0083,please submit the signed and dated coupon below in the envelope provided.The petitioner understands they will be notified of the date,time and location of the hearing.The Local Hearing Officer shall issue a final administrative order.If the Notice of Violation is upheld, the petitioner will be required to pay$158.00 and may also be required to pay county or municipal costs,not to exceed$250.00. NOTE:Per Florida Statute,you may cancel your appearance before the local hearing officer by paying the$158.00 penalty assessed,plus$50 in administrative costs,before the start of the hearing.The amount due will be$208.00. Detach here and return bottom portion as a request for an Administrative Hearing before a Local Hearing Officer. 1851500164616 I submit this form as a request to contest this Notice of Violation and acknowledge that it must be postmarked by the due date of this Notice to be a valid request.I understand that I must attend this hearing in person,unless represented by counsel appearing in person on my behalf. Please sign and print name using blue or black ink. Signature: Printed Name: Phone Number: City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach, FL 33425 HEARING REQUEST Document Number: 1851500164616 Date Created: 8/2/2016 11:28:09 AM By CPlJi81i0�10 HEARING=HEM•46.318 SCHEDULED amount due will be$208.00. Detach here and return bottom portion as a request for an Administrative Hearing before a Local Hearing Officer. 1851500164616 I submit this form as a request to contest this Notice of Violation and acknowledge that it must be postmarked by the due date of this Notice to be a valid request.I understand that I must attend this hearing in person,unless represented by counsel appearing in person on my behalf. P.;lgase sign,andstint.name-u:ntblue_or_bla nlcr_ /SIgnatur i 4,0, 411111 Printed Name:l 0(_111 t_ Phone Number:` J.(/1 �7,D 64 81 2937 • -VPS 12/14/2016 9:28:06 AM Page 1 of 1 City of Boynton Beach 100 E.Boynton Beach Blvd. t!="°. Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851500164616 Document Information: Violation Information: Document Type: VIOLATION DATA REPORT Violation Date/Time: 11/23/2015 8:37:19PM Version: v 2.0 Violation Location: SB NW 8TH ST @ W BOYNTON BEACH BLVD/SR 804 BOYNTON BEACH, FL Issue Date: 06/14/2016 Plate No./State: 980RXU FL Appearance Date: 08/13/2016 Make/Model/Year:: KIA/OPTIMA/2015 Registered Owner: ELAINE LAVERNE SMITH Name/Address P. O. BOX 20871 WEST PALM BEACH, FL 33416 Driver: CURTISIA COURTNEY SMITH Name/Address 1044 MENTONE RD LANTANA, FL 33462 State Exhibit: :SVPs- 12/14/2016 9:28AM Page 1 of 6 • City of Boynton Beach , ac,.. ir.... 100 E.Boynton Beach Blvd. y;fia' Boynton Beach,FL 33425 ,,,-;,,7- Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851500164616 lata 'lit*, Limit Shci /hut hbt' R,d2 Fit int Frau, lain lI2312015 U$37►I$.7 F11 83( 020 R Ate 000.22 FIl 03710211 '2 pt.:I:P.11411mi ST e V MIT4I Q01$ L'511 V.R. p4, _ _ r . ' « w Z T 4 I. i i. _ s . a �. iI ^ A. "i t a • fat '.., , 4 1 - I 4 r lAkit State Exhibit: 7„-1�►?-Si VPS- 12/14/2016 9:28AM Page 2 of 6 City of Boynton Beach 100 E.Boynton Beach Blvd. 1114-,, Boynton Beach,FL 33425 J.i� Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851500164616 OFit ,Tist Limit SPrtd Rini AM, itdi Fix Int- Fume. LaiQ 11431015. O0137iI9.$?II 330 020 $ 01.0 001.3 F1l 11.7140 (p2O2O 2• 0E11-80 00 0TI SJ 0 i 6OYiRli lEPCOI BL'ff •SR OOfi - • Y, . t Vit_. , t.tr„ . r`-' State Exhibit: „.„aW.515 VPs' 12/14/2016 9:28AM Page 3 of 6 City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851500164616 o x • _ C 41r a } State Exhibit: e Vry_A7Ga:sVPS- 12/14/2016 9:28AM Page 4 of 6 City of Boynton Beach ,4+ 4 100 E.Boynton Beach Blvd. t ,' Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851500164616 NOTES • Note Added By Added Date ACTION-SCHEDULE HEARING SJONES1 08/03/2016 09:35:26 AM Hearing Scheduled ON: 12/22/2016 AT 09:00 AM SJONES1 08/03/2016 09:35:19 AM PENDING FURTHER ACTION CBARBITO 08/02/2016 11:28:09 AM Hearing Request made for document that a previous hearing that was NOT adjourned or continued exists SYSTEM 07/28/2016 01:16:48 PM FIRST NOTICE,Version 2 returned with reason of NOT DELIVERABLE AS ADDRESSED-UNABLE TO JMUNZ 06/21/2016 12:55:21 PM FORWARD NON LIABILITY ASSIGNED AVERRIGNI 06/13/2016 12:52:34 PM ON JUNE 10,2016 A HEARING WAS PERFORMED ON THIS MATTER AT DELRAY COURT.WHILE AVERRIGNI 06/13/2016 12:52:25 PM SWORN IN UNDER OATH, ELAINE LAVERNE SMITH TESTIFIED THAT SHE WAS NOT THE DRIVER AT THE TIME OF THE VIOLATION. FURTHER,SHE STATED THAT THE DRIVER WAS CURTISIA COURTNEY SMITH AND A TRANSFER OF LIABILITY WAS PERFORMED. UTC GENERATED ADMINUSER 03/03/2016 11:12:23 AM STOP PAYMENT RECORD CREATED ADMINUSER 03/03/2016 09:34:37 AM Hearing performed ON: 02/13/2016 BY:OFC.ANTHONY PETRIELLO WITH disposition OF:ACCEPT APETRIELLO 03/02/2016 05:25:16 PM Defendant Reason:ADMINISTRATIVE DECISION PROVIDED FAX NUMBWER 4809904819 TO SEND IN AFFIDAVIT SLANSFORD 01/19/2016 11:34:40 AM State Exhibit: w„3Aelbcsis S- 12/14/2016 9:28AM Page 5 of 6 City of Boynton Beacha\. 100 E.Boynton Beach Blvd. Boynton Beach,FL 33425 w- Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851500164616 VPENA 01/14/2016 12:14:07 PM • State Exhibit: A7Lsi5vPS' 12/14/2016 9:28AM Page 6 of 6 City of Boynton Beach 100 E.Boynton Beach Blvd. 421° �a. Boynton Beach,FL 33425 Camera Log Report Document#: 1851500164616 Location: BB14 - SB NW 8TH ST @ W BOYNTON BEACH BLVD/SR 804 Event Date/Time Status Deployment Start 11/23/2015 12:00:17AM Operational Tests Passed Violation 11/23/2015 8:37:19PM Deployment End 11/24/2015 12:05:04AM Operational Tests Passed ❑ Signs were Posted State Exhibit a :e�AxasisvPs 12/14/2016 9:28AM Page 1 of 1 ATS SYSTEM LOG REPORT I,Jonathan Crabb,do hereby swear that: 1. I am employed by American Traffic Solutions("ATS"). 2. I am of sound mind,capable of making this certification,over the age of 18,and execute this certification based upon my own personal knowledge of ATS's business and the method by which ATS created,transmitted,and stored the information contained in the ATS System Log Report. 3. I,am the duly authorized custodian of the ATS System Log Report,and in such capacity,I have authority to certify the ATS System Log Report is a true and correct copy of an original record maintained by ATS. 4. The ATS System Log Report referenced below is a copy of a business record which was made automatically by the Axsis Violation Processing System,at or near the time of the self-test of the automatic red light enforcement system. 5. I certify that the testing that was conducted and is contained in the ATS System Log Report is a regular practice in the course of ATS's regularly conducted business activities and is kept in the ordinary course of ATS's regularly conducted business activities. I DECLARE UNDER PENALTY OF PERJURY IN THE STATE OF FLORIDA THAT THE AFOREMENTIONED INFORMATION IS TRUE AND CORRECT. Jonathan Crabb ATS System Log Report 11/23/2015 Location:BB 14- SB NW 8TH ST @ W BOYNTON BEACH BLVD/SR 804 Date: 11/23/2015 Event Time Status Automated Self-Test 12:00:17 AM All Tests Passed • oK FOL(CE PO Box 22091 ,,,4� p a.1, Tempe,AZ 85285-2091 OOa tt,-Q: Y •o IIIII9 I IIt 111111[11111111111111111111 DATE: 06/13/2016 ELAINE LAVERNE SMITH P. O. BOX 20871 PLATE: FL 980RXU WEST PALM BEACH, FL 33416 RE: Notice of Violation: 1851500164616 Version# : 1 NOTICE OF DISMISSAL This is to notify you that the above mentioned Notice of Violation for an infraction has been dismissed for the following reason: LIABILITY HAS BEEN TRANSFERRED TO THE NAMED INDIVIDUAL ON THE AFFIDAVIT YOU SUBMITTED. We apologize for any inconvenience: No further action is required. We recommend that you keep this notification for your records. oµPOLO. PO Box 22091 Tempe,AZ 85285-2091 IIIIII II II I II I IIII I I II VIII I I I III I I I I II I I I I III III DATE: 08/03/2016 CURTISIA COURTNEY SMITH 1044 MENTONE RD PLATE: FL 980RXU LANTANA, FL 33462 • RE: Notice of Violation: 1851500164616 Version#: 2 ADMINISTRATIVE HEARING NOTIFICATION LETTER The hearing date for the above mentioned Notice of Violation ("Notice") has been scheduled for: Thursday, December 22, 2016 at 9:00 AM City of Boynton Beach City Hall Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 You may reschedule this hearing once by submitting a written request to the designated clerk to the Local Hearing Officer at the hearing location address above. Your written request to reschedule must be received by the clerk to the Local Hearing Officer at least five (5) calendar days before the day of the originally scheduled hearing. If you have already rescheduled your hearing you may not reschedule it again. If you are receiving a new Administrative Hearing Notification Letter please review the Date, Time and Location of your hearing as one or all of them may have been updated with new information. Please disregard the earlier Administrative Hearing Notification Letter and use only the information provided on the last notification received. You may cancel your appearance before the Local Hearing Officer by paying the civil penalty of$158.00 assessed, plus $50.00 in administrative costs, before the scheduled hearing time. To make a payment online please go to www.Violationlnfo.com or to make a payment by phone call 1-866-790-4111. There may be a convenience/service fee for this service. If you choose not to appear, you waive the right to contest this violation and must pay the civil penalty of$158.00, plus administrative costs up to$250.00. Cityse tionSa Beach CITY OF BOYNTON BEACH Ou POLf� • ��r Q 'd� Intersection Safety Program NOTICE OF VIOLATION a > PO Box 22091 73 r VICa\-.-.' Tempe,AZ 85285-2091 of� NOTICE#: 1851600069632 PIN: 8462 View your video and pay with your Visa or MasterCard at www.Violationlnfo.com Amount Due: $158.00 III III II I I IIII II 111111111111111111010111Due Date: 05/16/2016 PATINA YOLANDA MCCRAY 2821 S FEDERAL HWY D202 1 BOYNTON BEACH, FL 33435 , t& z 4 ON/(Date) AT TIME AT LOCATION COUNTY 02/27/2016 09:38 PM SB S FEDERAL HWY @ SE 23RD AVE PALM BEACH DATE TIME AMER SPEED PEASE o SEE AM P"AME 02/21/2015' 0!:33129 3 RR a D 23 x. 3 3 8802-38;E.POEM kW C 3E 23R13 A`/E T NAME ^� 1. PATINA YOLANDA MCCRAY -4-ii—"-----I.` STREET ADDRESS , 2821 S FEDERAL HWY D202 CITY STATE ZIP CODE tt BOYNTON BEACH FL 33435 i' DID UNLAWFULLY 11 OPERATE/DRIVE 0 PARK / V YEAR MAKE MODEL STYLE COLOR e + E 2008 FORD SW BLU • �. H I C L NUMBER STATE REGISTRATION NUMBER TE IM AliBEA SPS 2.3 PHASE Ana¢LANE FRAME I 3602253 S FEeEERAL33.Y 3r SE 23PD AVE 1.3 E C 182RFZ FL 02105881 a r Did then and there commit the following offense: , a FAILURE TO COMPLY WITH A STEADY RED SIGNAL . . .6 _ ' - The recorded images relating to the vehicle stated above are evidence of this violation. . - r IN VIOLATION OF: Florida Statutes§§316.0083,316.074(1)and 316.075(1)(c)1 -- £ y1�; POLICE DEPARTMENT i, , ,gaR„f --. ID#063 r -. 7............... ' ' The traffic infraction enforcement officer named or law enforcement officer above has reviewed the recorded images ISSUE DATE �`' , evidencing the red light signal violation,has identified the license tag number of the violating vehicle and has found 03/17/2016 • reasonable and probable grounds that an offense has been committed. i STATUTORY PENALTY OF$158.00 IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE GO TO WWW.VIOLATIONINFO.COM Pay with your Visa or MasterCard at www.Violationlnfo.com or mail your check or money order with this coupon to the address below. [®1 NAME: PATINA YOLANDA MCCRAY DUE:05/16/2016 "N°1 1111131111111111 II II II II I I II II I INOTICE#: 1851600069632 VERSION: 1 ISSUED:03/17/2016 PLATE: 182RFZ STATE: FL TYPE: •Si necesita ayuda en Espanol,favor(lame al 1.866.225.8875. I No points will be assessed for this Notice of Violation nor will it affect •PLEASE RESPOND WITH PAYMENT,REQUEST A HEARING,OR ! vehicle insurance rates. SUBMIT AN AFFIDAVIT POSTMARKED ON OR BEFORE THE DUE DATE TO AVOID ISSUANCE OF A UNIFORM TRAFFIC CITATION ("UTC").SEE INSTRUCTIONS ON REVERSE SIDE. City of Boynton Beach •Pay with your Visa or MasterCard at www.Violationlnfo.com or mail Payment Processing Center your check or money order with this coupon to the address to the right. PO Box 742527 •Make your check or money order payable to City of Boynton Beach. Cincinnati, OH 45274-2527 •DO NOT MAIL CASH. •Write the Notice#located above on the front of your payment. •Insert this tear-off coupon in the enclosed envelope with the address to the right showing through the window. AMOUNT DUE: $158.00 1 1851600069632 000014951457 158004 Your vehicle was observed by a traffic infraction detector failing to comply with a steady red light signal,in violation of Florida Statutes§§316.0083,316.074(1)and 316.075(1)(c)1, at the intersection, date,and time stated on the front page of this Notice of Violation ("Notice").This is a non-criminal infraction of state law. No points will be assessed and this infraction may not be used to set motor vehicle insurance rates. This Notice has been issued by the City of Boynton Beach. You have the following three options: a)Pay this violation in the amount of$158.00 on or before the due date specified on the front of this Notice;or b)Submit an affidavit by following the instructions below;or c)Request a hearing by signing and mailing the form below.You will be notified by letter of the time,location and date of the hearing.If you request a hearing and the Local Hearing Officer concludes that no infraction has been committed,this Notice will be dismissed and no costs or penalties shall be imposed. If the Local Hearing Officer concludes that an infraction has been committed,the Local Hearing Officer will uphold the infraction,and you will be responsible for payment of a$158.00 fine as well as additional administrative fees and costs not to exceed$250.00 as imposed by the Local Hearing Officer. SUBMISSION OF AFFIDAVIT:You may download an affidavit at www.Violationlnfo.com.As the registered owner of the vehicle,you are deemed responsible for the violation and the payment of a $158.00 penalty unless, in compliance with Florida Statute § 316.0083(1)(d)1.a-d, you establish by a sworn affidavit that a statutory exemption applies. The exemptions are that the motor vehicle:(a)passed through the intersection in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession; (b)passed through the intersection at the direction of a law enforcement officer; (c)was,at the time of the violation,in the care,custody,or control of another person;or(d)a Uniform Traffic Citation ("UTC")was issued by a law enforcement officer to the driver of the motor vehicle for the violation of Florida Statutes §§ 316.074(1) and 316.075(1)(c)1 stated in this Notice.The affidavit must be sworn before a notary public or other person authorized to administer oaths. If you assert that the vehicle was in the care,custody,or control of another person, you must provide the name, address,date of birth, and,.if known, the driver's license number of the person who leased, rented, or otherwise had care, custody,or control of the vehicle at the time of the violation. If the vehicle was stolen,then the affidavit must include a copy of a police report showing the vehicle to have been stolen. If you assert that a UTC was issued by a law enforcement officer for the violation of Florida Statutes§§ 316.074(1)and 316.075(1)(c)1 stated in this Notice,then you must include the serial number of the UTC. For faster processing,you may,but are not required to,include a copy of the UTC. If your affidavit complies with the requirements of Florida Statute§316.0083,then no further action will be taken against you. The submission of a false affidavit is a misdemeanor of the second degree,punishable under Florida Statute§775.082 or§775.083 by a term of imprisonment not to exceed sixty(60)days and/or a fine not to exceed$500.00.If submitting an affidavit,it must be postmarked on or before the due date specified on the front page of this Notice in order to be appropriately processed.The affidavit should be mailed to City of Boynton Beach,c/o Intersection Safety Program,PO Box 22091,Tempe,AZ 85285-2091. Do not send payment or affidavit to the Clerk of the Court. If you fail to respond as outlined above,postmarked by the due date,a UTC will be issued to you. Upon issuance of a UTC,you shall have the remedies specified in Florida Statutes§§316.0083 and 318.14,which include(a)the right to pay the civil penalty in the amount of$264.00;(b)the right to submit an affidavit;or(c)the right to have a hearing before a designated official, who shall determine whether an infraction has been committed. If the official concludes that no infraction has been committed, the UTC will be dismissed and no costs or penalties shall be imposed. If the official concludes an infraction has been committed,the official will uphold the UTC and may impose an additional civil penalty not to exceed$500.00 and court fees and costs.Failure to pay,submit an affidavit,or request a hearing on the UTC could result in your driving privileges being suspended. VIEW YOUR IMAGES AND VIDEO EVIDENCE FOR THIS INFRACTION:The recorded images and video of your violation will be submitted as evidence for the disposition of this violation.You may view your images and video online at www.Violationlnfo.com.You will need your Notice#and PIN printed on the front of this Notice inside the red box. If you do not have intemet access,you may view your video and images at any public library. QUESTIONS:If you have any questions,please contact Customer Service toll free at 1-866-225-8875. (You must be the registered owner of the vehicle to discuss this violation with Customer Service.) PAYMENT INSTRUCTIONS ONLINE PAYMENT:The fastest and easiest way to pay your$158.00 penalty is online.Go to www.Violationlnfo.com and log on with your Notice#and PIN shown in the red box on the front of this notice.Click the Pay button.There is a convenience/service fee for this service. PAYMENT BY PHONE:Call toll free 1466-225-8875 available 24 hours a day,7 days a week.There is a convenience/service fee for this service. PAYMENT BY MAIL:Mail your check or money order(payable to City of Boynton Beach)in the enclosed envelope with the coupon printed at the bottom of the reverse side of this Notice.PLEASE DO NOT MAIL CASH.Be sure to put the Notice#(see reverse)on the face of your payment.Payment must be postmarked on or before the due date. PAYMENT IN PERSON:No walk-in payments will be accepted. HEARING REQUEST FORM To request a hearing on the above referenced Notice pursuant to Florida Statute§316.0083,please submit the signed and dated coupon below in the envelope provided.The petitioner understands they will be notified of the date,time and location of the hearing.The Local Hearing Officer shall issue a final administrative order.If the Notice of Violation is upheld, the petitioner will be required to pay$158.00 and may also be required to pay county or municipal costs,not to exceed$250.00. NOTE:Per Florida Statute,you may cancel your appearance before the local hearing officer by paying the$158.00 penalty assessed,plus$50 in administrative costs,before the start of the hearing.The amount due will be$208.00. Detach here and return bottom portion as a request for an Administrative Hearing before a Local Hearing Officer. 1851600069632 I submit this form as a request to contest this Notice of Violation and acknowledge that it must be postmarked by the due date of this Notice to be a valid request.I understand that I must attend this 111111 1111 11111 hearing in person,unless represented by counsel appearing in person on my behalf. Please sign and print name using blue or black ink. Signature: Printed Name: Phone Number: City ofBoyntonBeach CITY OF BOYNTON BEACH on rocrc8 • ��P J d� Intersection Safety Program �- �i, PO Box 22091 NOTICE OF VIOLATION R Tempe,AZ 85285-2091 6��; �ay2' • NOTICE#: 1851600069632 PIN: 0621 View your video and pay with your Visa or MasterCard at www.Violationlnfo.com Amount Due: $158.00 1111111111111111111111110111011 IIIIIIIIIIIIIIIII IIII III II II III III Due Date: 07/19/2016 TIMOTHY JEROME SIMON JR 2821 S FEDERAL HWY D202 t ' BOYNTON BEACH, EL 33435 _° ON/(Date) AT TIME AT LOCATION COUNTY 02/27/2016 09:38 PM SB S FEDERAL HWY @ SE 23RD AVE PALM BEACH DATE TIM MBA x 'TED 2111.E ATLPS'A1"FRA' 02/20/2016 OP 22.;22 3 RM.o 025 n 000 3 2 A 8803-SBS FEDERAL HMP 2 SE 2320 AVE NAME . i TIMOTHY JEROME SIMON JR . - STREET ADDRESS 2821 S FEDERAL HWY D202 JY�r„`. 1 CITY STATE ZIP CODE BOYNTON BEACH FL 33435 ^—. .�_ DID UNLAWFULLY OPERATE/DRIVE PARK / — I YEAR MAKE MODEL STYLE COLOR E 2008 FORD SW BLU, �* H I L L NUMBER STATE REGISTRATION NUMBER BATE TIM A®EA sFED^ust 001.2 m¢uHH FM¢ 02/37/20/6 0220.30 s RM I 0 022 F3 E C 182RFZ FL 02105881 .02-SD S MEP.FMP B SE DFD AVE 1 Did then and there commit the following offense: FAILURE TO COMPLY WITH A STEADY RED SIGNAL j ,_.,,,„,,„ •1""`"-* The recorded Images relating to the vehicle stated above are evidence of this violation. a { IN VIOLATION OF: � {fl - Florida Statutes§§316.0083,316.074(1)and 316.075(1)(c)1 POLICE DEPARTMENT r i. , — ID#072 The traffic infraction enforcement officer named or law enforcement officer above has reviewed the recorded images ISSUE DATE 1 ; evidencing the red light signal violation,has identified the license tag number of the violating vehicle and has found 05/20/2016 reasonable and probable grounds that an offense has been committed. STATUTORY PENALTY OF$158.00 , j IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE GO TO WWW.VIOLATIONINFO.CONI Pay with your Visa or MasterCard at www.Violationlnfo.com or mail your check or money order with this coupon to the address below. • N , W; g [I IIisIII � NAME:TIMOTHY JEROME SIMON JR DUE:07/19/2016 ° IIIIIIIIIIIIIII II 11011111111111101101 NOTICE#: 1851600069632 VERSION:2 ISSUED:05/20/2016 16 • PLATE: 182RFZ STATE: FL TYPE: •Si necesita ayuda en Espanol,favor flame al 1.866.225.8875. 1 No points will be assessed for this Notice of Violation nor will it affect •PLEASE RESPOND WITH PAYMENT,REQUEST A HEARING,OR !, vehicle'insurance rates. - SUBMIT AN AFFIDAVIT POSTMARKED ON OR BEFORE THE DUE DATE TO AVOID ISSUANCE OF A UNIFORM TRAFFIC CITATION ("UTC").SEE INSTRUCTIONS ON REVERSE SIDE. City of Boynton Beach •Pay with your Visa or MasterCard at www.ViolationInfo.com or mail Payment Processing Center your check or money order with this coupon to the address to the right. PO Box 742527 •Make your check'or money order payable to City of Boynton Beach. Cincinnati,OH 45274-2527 •DO NOT MAIL CASH. - •Write the Notice#located above on the front of your payment. •Insert this tear-off coupon in the enclosed envelope with the address to - the right showing through the window. AMOUNT DUE: $158.00 1 1851600069632 000015559282 158009 Your vehicle was observed by a traffic infraction detector failing to comply with a steady red light signal,in violation of Florida Statutes§§ 316.0083,316.074(1)and 316.075(1)(c)1, ' at the intersection, date, and time stated on the front page of this Notice of Violation ("Notice").This is a non-criminal infraction of state law. No points will be assessed and this infraction may not be used to set motor vehicle insurance rates. This Notice has been issued by the City of Boynton Beach. You have the following three options: a)Pay this violation in the amount of$158.00 on or before the due date specified on the front of this Notice;or b)Submit an affidavit by following the instructions below;or c)Request a hearing by signing and mailing the form below.You will be notified by letter of the time,location and date of the hearing.If you request a hearing and the Local Hearing Officer concludes that no infraction has been committed,this Notice will be dismissed and no costs or penalties shall be imposed. If the Local Hearing Officer concludes that an infraction has been committed,the Local Hearing Officer will uphold the infraction,and you will be responsible for payment of a$158.00 fine as well as additional administrative fees and costs not to exceed$250.00 as imposed by the Local Hearing Officer. SUBMISSION OF AFFIDAVIT:You may download an affidavit at www.Violationlnfo.com.As the registered owner of the vehicle,you are deemed responsible for the violation and the payment of a $158.00 penalty unless, in compliance with Florida Statute § 316.0083(1)(d)1.a-d, you establish by a sworn affidavit that a statutory exemption applies. The exemptions are that the motor vehicle:(a)passed through the intersection in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession; (b)passed through the intersection at the direction of a law enforcement officer; (c)was,at the time of the violation, in the care,custody,or control of another person;or(d)a Uniform Traffic Citation ("UTC")was issued by a law enforcement officer to the driver of the motor vehicle for the violation of Florida Statutes §§ 316.074(1)and 316.075(1)(c)1 stated in this Notice.The affidavit must be sworn before a notary public or other person authorized to administer oaths. If you assert that the vehicle was in the care,custody,or control of another person, you must provide the name, address, date of birth, and, if known, the driver's license number of the person who leased, rented, or otherwise had care, custody,or control of the vehicle at the time of the violation. If the vehicle was stolen,then the affidavit must include a copy of a police report showing the vehicle to have been stolen. If you assert that a UTC was issued by a law enforcement officer for the violation of Florida Statutes§§ 316.074(1)and 316.075(1)(c)1 stated in this Notice,then you must include the serial number of the UTC. For faster processing,you may,but are not required to,include a copy of the UTC. If your affidavit complies with the requirements of Florida Statute§ 316.0083,then no further action will be taken against you. The submission of a false affidavit is a misdemeanor of the second degree, punishable under Florida Statute§775.082 or§775.083 by a term of imprisonment not to exceed sixty(60)days and/or a fine not to exceed$500.00.If submitting an affidavit,it must be postmarked on or before the due date specified on the front page of this Notice in order to be appropriately processed.The affidavit should be mailed to City of Boynton Beach,c/o Intersection Safety Program,PO Box 22091,Tempe,AZ 85285-2091. Do not send payment or affidavit to the Clerk of the Court. If you fail to respond as outlined above,postmarked by the due date,a UTC will be issued to you. Upon issuance of a UTC,you shall have the remedies specified in Florida Statutes§§316.0083 and 318.14,which include(a)the right to pay the civil penalty in the amount of$264.00;(b)the right to submit an affidavit;or(c)the right to have a hearing before a designated official, who shall determine whether an infraction has been committed. If the official concludes that no infraction has been committed, the UTC will be dismissed and no costs or penalties shall be imposed.If the official concludes an infraction has been committed,the official will uphold the UTC and may impose an additional civil penalty not to exceed$500.00 and court fees and costs.Failure to pay,submit an affidavit,or request a hearing on the UTC could result in your driving privileges being suspended. VIEW YOUR IMAGES AND VIDEO EVIDENCE FOR THIS INFRACTION:The recorded images and video of your violation will be submitted as evidence for the disposition of this violation.You may view your images and video online at www.Violationlnfo.com.You will need your Notice#and PIN printed on the front of this Notice inside the red box. If you do not have intemet access,you may view your video and images at any public library. QUESTIONS:If you have any questions,please contact Customer Service toll free at 1-866-225-8875. (You must be the registered owner of the vehicle to discuss this violation with Customer Service.) PAYMENT INSTRUCTIONS ONLINE PAYMENT:The fastest and easiest way to pay your$158.00 penalty is online.Go to www.Violationlnfo.com and log on with your Notice#and PIN shown in the red box on the front of this notice.Click the Pay button.There is a convenience/service fee for this service. PAYMENT BY PHONE:Call toll free 1-866-225-8875 available 24 hours a day,7 days a week.There is a convenience/service fee for this service. PAYMENT BY MAIL:Mail your check or money order(payable to City of Boynton Beach)in the enclosed envelope with the coupon printed at the bottom of the reverse side of this Notice.PLEASE DO NOT MAIL CASH.Be sure to put the Notice#(see reverse)on the face of your payment.Payment must be postmarked on or before the due date. PAYMENT IN PERSON:No walk-in payments will be accepted. HEARING REQUEST FORM To request a hearing on the above referenced Notice pursuant to Florida Statute§316.0083,please submit the signed and dated coupon below in the envelope provided.The petitioner understands they will be notified of the date,time and location of the hearing.The Local Hearing Officer shall issue a final administrative order.If the Notice of Violation is upheld, the petitioner will be required to pay$158.00 and may also be required to pay county or municipal costs,not to exceed$250.00. NOTE:Per Florida Statute,you may cancel your appearance before the local hearing officer by paying the$158.00 penalty assessed,plus$50 in administrative costs,before the start of the hearing.The amount due will be$208.00. Detach here and return bottom portion as a request for an Administrative Hearing before a Local Hearing Officer. 1851600069632 I submit this form as a request to contest this Notice of Violation and acknowledge that it must be postmarked by the due date of this Notice to be a valid request.I understand that I must attend this 1111111111 1111 11111 hearing in person,unless represented by counsel appearing in person on my behalf. Please sign and print name using blue or black ink. Signature: Printed Name: Phone Number: City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach, FL 33425 • DECLARATION/AFFIDAVIT Document Number: 1851600069632 Received Date Created:5/13/2016 2:24:21 PM By;CBA Ort 5/172016 RBITO PENDING CLIENT REVIEW SJONESI-5/160016 City of Boynton Beach intersection Safety Program Affidavit Establishing Exemption Under Florida Statutes§318.0083(1)(d) This is a form of affidavit that you may use to establish an exemption from the statutory penalty described in the notice of violation that you have received_ Section I contains the instructions for filling out this form. Section II is the form that you must fill out if you choose to use this form of affidavit. Please read the instructions in Section I carefully before fitting out Section Ii or mailing this affidavit. If this affidavit is incomplete, unsworn, does not contain required documentation, or is not received before the due date, It will not be sufficient to establish an exemption under § 316.0083(1)(d)necessary to avoid court fees, costs end the issuance of a Uniform Traffic Citation, L Instructions • M (1) Florida Statutes § 316.0063 provides that the registered owner of a motor vehicle found by a traffic infraction detector to have violated Florida Statutes §§ 316.074(1) or 316.075(1)(c)1, relating to adherence to traffic control devices, Is responsible for a statutory penalty of$158.00 unless the owner establishes by affidavit that an exemption applies. The notice of violation you have received explains the statutory exemptions and how to establish them. m u; (2) Section II of this document constitutes an affidavit that you may use to assert an exemption. Please fill in co all blanks with the information requested. If you do not provide the required Information,your affidavit will not be sufficient and will not avoid payment of the penalty. (3) If you assert that you are exempt from the statutory penalty because,at the lime of the violation described in the notice, the vehicle was in the possession, custody, or control of another person, then you must provide the name,address, date of birth, and,if known,the driver's license number of the person who leased, rented, or otherwise had care, custody, or control of the vehicle at the time of the violation, Section II contains a space for you to do so. =6.=(4) If you assert that you are exempt from the statutory penalty because,at the time of the violation described in the notice,the vehicle was stolen,then the affidavit must include a copy of a police report showing the vehicle to have been stolen, Please attach the police report to this affidavit. sue-a(5) If you assert that you are exempt from the statutory penalty because a Uniform Traffic Citation was issued by a law enforcement officer for the violation of Florida Statute§316.074(1)or 316.075(1)(C)1 stated In ...�...,� the notice, then you must include the serial number of the Uniform Traffic Citation. Section II contains a �.; space for you to do so. (6) This affidavit must be sworn to before a notary public or other person authorized to administer oaths. A ____ree form for the notary or other person to execute is included at the end of Section II. Please do not return this affidavit without this evidence of Its being sworn, es that will not be sufficient and will not avoid 4' J t payment or the penally. .wr011min.nr (7) Upon completing this affidavit, please mail it to the City of Boynton Beach, c/o Intersection Safety Program,P.O.Box 22001,Tempe,AZ 85285.2091. (8) The statements in this affidavit must be truthful. The submission of a false affidavit is a misdemeanor of the second degree, punishable under Fla. Stat. § 775.082 or § 775.083 by a term of imprisonment not to exceed sixty(60)days and/or a fine not to exceed$300.00, i. 12/14/2016 9:25:10 AM Page 1 of 3 „e,lrr�. P .r pr r :,fir" City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach, FL 33425 DECLARATION/AFFIDAVIT Document Number: 1851600069632 Date Created:5/13/2016 2:24:21 PM Received O,,5/13/2016 !By:CBARBITO IPENDING CLIENT REVIEW SJONES1-5(162010 II.Affidavit Vdaita4, 114 /," ,having been sworn,hereby depose and say as follows: 1. I have received a notice(the"Notice")informing me that a motor vehicle registered in my name was observed violating Florida Statutes§§316.074(1)and 316.075j.)(,11 by failing to obey a steady red traffic signal. The Notice bears the following 13 digit number: 1 t.2 2. Under Florida Statute § 316.0083(1)(d), 1 am exempt from the payment of the statutory penalty described in the Notice because(check all that apply): Al the time of the violation described In the Notice, my vehicle passed through The intersection in order to yield the right-of-way to an emergency vehicle. At the time of the violation described In the Notice, my vehicle passed through the Intersection as a part of a funeral procession. Al the time of the violation described In the Notice, my vehicle passed through the intersection at the direction of a law enfCrcement officer. co At the time of the violation described in the Notice,the vehicle was in the care,custody, 0 or control of another person. Person's name,address,phone number and date of birth are: i.),/OSYV: '73 CY 1 • — Address: `R5:5:A.1 • teica.k 2, City:l'?.g.1-.V`0134.'N A.2c14..)(\ State: Zip; 53 I3 (•' Company Owned Vehicle-Position of person authorized to name driver Date of Birth: nil --59+1-1C1 „ Phone Number. 6'IND 11•••■■•••• = I "do/ do not know the driver's license number of this person. •I iit•• 1 MMDriver's License Number; • mm/IIn irompwammom (If Company owned Vehicle and you are naming the driver please fill out your name and position with the company):Name: Pecition: wegaiRie At the time of the violation described In the Notice, my vehicle had been stolen. A true me". and correct copy of a police report establishing that my vehicle had been stolen at that time is attached to this affidavit. A Uniform Truffle Citation has baon l0000d by o rnforcemenl.officer to 10.111111paNno the driver of the vehicle for the same violation of Florida Statutes§§316.074(1)and 316.076(1)(c)1 described in the Notice. The serial number of that citation is The motor vehicle's owner was deceased on or before the date that the uniformed traffic citation was issued.I understand that I must be the representative of the motor vehicle owner's estate or other designated person by a family member to fill out this Affidavit. I understand that I must include a certified copy of the owner's death certificate showing that the date of • death occurred on or before the issuance of the uniform traffic citation and one of the following: • A bill of sale or other document showing that the deceased owner's motor vehicle was sold atter his or her death hut on or before the date of the alleged violation, 2 12/14/2016 9:25:10 AM Page 2 of 3 City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach, FL 33425 DECLARATION/AFFIDAVIT Document Number: 1851600069632 Date Created: 5/13/2016 2:24:21 PM IRfteived On:By:CBARB T013/2016 1 PONIEN5G CER8 EW • Documentary proof that the registered license plate belonging to the deceased owner's vehicle was returned to the department or any branch office or authorized agent of the deportment on or before the date of the alleged violation.or • Copy of a police report showing the deceased owner's registered license plate or motor vehicle was stolen after the owner's death but on or before the date of the alleged violation. I have provided CV¢"f•gt-VV-0._ to satisfy the requirements of this section. 3. I understand that Florida Statutes§316.0083 requires that I provide detailed Information supporting the exemption(s) I have identified in Paragraph 2, which may include the facts and circumstances supporting the exemption I have asserted. That detailed Information is as follows(attach eddltional sheets as necessary): T- .. c' rc+~ \.c C.. cLLi�. ��n,,`� til i\r CNC-&11Y 4L1 co co 4. The foregoing statements are true and correct. erife Sig a-'e'^ stered Owner N b'r of Registered Owner satizais Email of Registered Owner y VERIFICATION OF NOTARY OR PERSON AUTHORIZED TO ADMINISTER CA THS STATE OF =""SCOUNTY OF /....: '•:jr OY s �r::f: ) /12 "'""'Sworn to and subscribed before me on /,, 20L ,by,:":f; y,, o,^',%f. t,r,6,stJ ,who is ��`per&Wtaily>frjaw,p tp.,me Qr provided identification,anc who did take an oath,,,,,,, .... ..... .. rt„cl j{!->;'=c•;. `......r,,,;;,.+'•..,rF,Pry"d�.i','n-I Notary Public,Slate Or Fforid .• Printed Name:I:;) e':fi"r". ''es.pref': My Commission Expires:^, ,:4tt:S SUSAN PROCTOR ANotary PBhlic-Sete of Florida • r „' • My Comm.Expires Sep 19,2017 to d-' Commission a FF 055808 • 3 °i,ti' &Mild1h:wshNASe+lalNotaryASff1 • i Vps 12/14/2016 9:25:10 AM Page 3 of 3 City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach, FL 33425 HEARING REQUEST Document Number: 1851600069632 Date Created: 7/27/2016 12:59:38 PM Byrn 130014 oie fount due will be$208.00. Detach here and return bottom portion as a request for an Administrative Hearing before a Local Hearing Officer. 1851600069632 I submit this form as a request to contest this Notice of Violation and acknowledge that it must be 11111111 III I II postmarked by the due date of this Notice to be a valid request.I understand that I must attend this hearing in person,unless represented by counsel appearing in person on my behalf. Please sign and print name using blue or black Ink, fY r. E. a':' � rr�:�'r. iignature: ./ylG1 .-1,...-2/`-1..-44 ' Y" >rinled Name: ---7-&14.0)-iii/ �r� ( (.� ��-U Y ) G1 'hone Number: / S�-/� J 1401 ." AICSiSAPS 12/14/2016 9:25:10 AM Page 1 of 1 City of Boynton Beach Polio'.: 100 E.Boynton Beach Blvd. ti ; Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600069632 Document Information: Violation Information: Document Type: VIOLATION DATA REPORT Violation Date/Time: 2/27/2016 9:38:30PM Version: v 2.0 Violation Location: SB S FEDERAL HWY @ SE 23RD AVE BOYNTON BEACH, FL Issue Date: 05/20/2016 Plate No./State: 182RFZ FL Appearance Date: 07/19/2016 Make/Model/Year:: FORD/2008 Registered Owner: PATINA YOLANDA MCCRAY Name/Address 2821 S FEDERAL HWY D202 BOYNTON BEACH, FL 33435 • Driver: TIMOTHY JEROME SIMON JR Name/Address 2821 S FEDERAL HWY D202 BOYNTON BEACH, FL 33435 State Exhibit: a;, ..'4512CM!M.,PS- 12/14/2016 9:25AM Page 1 of 5 City of Boynton Beach , •12hoe 100 E.Boynton Beach Blvd. Boynton Beach,FL 33425 , w Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600069632 SATE TIME •A1 ER S?Zb ,Pal !alit wig dila 02/2712016 Og:3B:29.'3 PM 4.0025 R 000..3 3 A. 3302-s 3 FEDERAL Irift @ SE' 23PD AVE -- - 7,---....„,_ -. T 1 � • I ' I i , i j r a _rim , x".- S , State Exhibit: ..—Awry.tCaiSVPS" 12/14/2016 9:25AM Page 2 of 5 • City of Boynton Beach 0 100 E.Boynton Beach Blvd. t°'4r Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600069632 DATE TIME MEER SPEED PHASE tTIME LANE M.t 02/27/2016 09.38:30.5 PM 4.0 025 11 001.5 3 B LE42-2B S FEDEME ABY @ SE 2310 AVE 1 .0007111.1riumatia, 4115Par.,,- - rw State Exhibit: ,1 7 slim 12/14/2016 9:25AM Page 3 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. °' Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600069632 +4r r 'reit/. {Y,t State Exhibit: /Mimesis VPS- 12/14/2016 9:25AM Page 4 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. ;, Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600069632 • NOTES Note Added By Added Date Hearing Scheduled ON: 12/22/2016 AT 09:00 AM APETRIELLO 10/18/2016 10:51:21 AM Hearing Deleted:DELETED FROM HEARING SCHEDULE APETRIELLO 10/18/2016 10:51:07 AM Hearing Scheduled ON: 10/13/2016 AT 09:00 AM GHOLA 08/15/2016 10:38:56 AM Hearing Deleted:DELETED FROM HEARING SCHEDULE GHOLA 08/15/2016 10:38:53 AM SCHEDULE HEARING/REVIEW REQUESTED-HEARING/REVIEW ALREADY SCHEDULED PMAILROOM 07/27/2016 12:59:38 PM Hearing Scheduled ON: 08/25/2016 AT 09:00 AM SYSTEM 07/22/2016 01:16:42 PM NON LIABILITY ASSIGNED APETRIELLO 05/19/2016 10:35:42 AM PENDING FURTHER ACTION CBARBITO 05/13/2016 02:24:21 PM RECEIVED FAX ON 05-12-16/INCLUDED AFFIDAVIT, URGENT. VSANCHEZ 05/13/2016 06:28:25 AM TGALLEGOS 05/12/2016 03:49:38 PM MVALLE 05/10/2016 11:21:22 AM State Exhibit: 12/14/2016 9:25AM Page 5 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach,FL 33425 Camera Log Report Document#: 1851600069632 Location: BB02 - SB S FEDERAL HWY @ SE 23RD AVE Event Date/Time Status Deployment Start 2/27/2016 2:07:19AM Operational Tests Passed Violation 2/27/2016 9:38:30PM Deployment End 2/28/2016 2:08:28AM Operational Tests Passed El Signs were Posted State Exhibit e ;axoisvPs 12/14/2016 9:25AM Page 1 of 1 ATS SYSTEM LOG REPORT I,Jonathan Crabb,do hereby swear that: 1. I am employed by American Traffic Solutions("ATS"). 2. I am of sound mind,capable of making this certification,over the age of 18,and execute this certification based upon my own personal knowledge of ATS's business and the method by which ATS created,transmitted,and stored the information contained in the ATS System Log Report. 3. I,am the duly authorized custodian of the ATS System Log Report,and in such capacity,I have authority to certify the ATS System Log Report is a true and correct copy of an original record maintained by ATS. 4. The ATS System Log Report referenced below is a copy of a business record which was made automatically by the Axsis Violation Processing System,at or near the time of the self-test of the automatic red light enforcement system. 5. I certify that the testing that was conducted and is contained in the ATS System Log Report is a regular practice in the course of ATS's regularly conducted business activities and is kept in the ordinary course of ATS's regularly conducted business activities. I DECLARE UNDER PENALTY OF PERJURY IN THE STATE OF FLORIDA THAT THE AFOREMENTIONED INFORMATION IS TRUE AND CORRECT. Jonathan Crabb ATS System Log Report 02/27/2016 Location:BB02-SB S FEDERAL HWY @ SE 23RD AVE Date: 02/27/2016 Event Time Status Automated Self-Test 02:07:19 AM All Tests Passed • cµrocroe PO Box 22091 Tempe,AZ 85285-2091 • QI IIII III III I II III III III II III I I II II I I II DATE: 07/22/2016 TIMOTHY JEROME SIMON JR 2821 S FEDERAL HWY D202 PLATE: FL 182RFZ BOYNTON BEACH, FL 33435 RE: Notice of Violation: 1851600069632 Version# : 2 ADMINISTRATIVE HEARING NOTIFICATION LETTER The hearing date for the above mentioned Notice of Violation ("Notice") has been scheduled for: • Thursday,August 25, 2016 at 9:00 AM City of Boynton Beach City Hall Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 You may reschedule this hearing once by submitting a written request to the designated clerk to the Local Hearing Officer at the hearing location address above.Your written request to reschedule must be received by the clerk to the Local Hearing Officer at least five (5) calendar days before the day of the originally scheduled hearing. If you have already rescheduled your hearing you may not reschedule it again. If you are receiving a new Administrative Hearing Notification Letter please review the Date, Time and Location of your hearing as one or all of them may have been updated with new information. Please disregard the earlier Administrative Hearing Notification Letter and use only the information provided on the last notification received. You may cancel your appearance before the Local Hearing Officer by paying the civil penalty of$158.00 assessed, plus $50.00 in administrative costs, before the scheduled hearing time. To make a payment online please go to www.Violationlnfo.com or to make a payment by phone call 1-866-790-4111. There may be a convenience/service fee for this service. If you choose not to appear, you waive the right to contest this violation and must pay the civil penalty of$158.00, plus administrative costs up to$250.00. c`t POL4, PO Box 22091 �n Tempe,AZ 85285-2091 ) \lam IIIIII11111111III IIII11111111111M 1 11111 11111111IIIII DATE: 10/18/2016 TIMOTHY JEROME SIMON JR 2821 S FEDERAL HWY D202 PLATE: FL 182RFZ BOYNTON BEACH, FL 33435 RE: Notice of Violation: 1851600069632 Version#: 2 ADMINISTRATIVE HEARING NOTIFICATION LETTER • The hearing date for the above mentioned Notice of Violation ("Notice") has been scheduled for: Thursday, December 22,2016 at 9:00 AM City of Boynton Beach City Hall Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 You may reschedule this hearing once by submitting a written request to the designated clerk to the Local Hearing Officer at the hearing location address above. Your written request to reschedule must be received by the clerk to the Local Hearing Officer at least five (5) calendar days before the day of the originally scheduled hearing. If you have already rescheduled your hearing you may not reschedule it again. If you are receiving a new Administrative Hearing Notification Letter please review the Date, Time and Location of your hearing as one or all of them may have been updated with new information. Please disregard the earlier Administrative Hearing Notification Letter and use only the information provided on the last notification received. You may cancel your appearance before the Local Hearing Officer by paying the civil penalty of$158.00 assessed, plus $50.00 in administrative costs, before the scheduled hearing time. To make a payment online please go to www.Violationlnfo.com or to make a payment by phone call 1-866-790-4111. There may be a convenience/service fee for this service. If you choose not to appear, you waive the right to contest this violation and must pay the civil penalty of$158.00, plus administrative costs up to$250.00. OL( PO Box 22091 jE'o Tempe,AZ 85285-2091 f‘D, ��o�OY 1101111111 111111111 II II II I1II II 110 DATE: 05/19/2016 PATINA YOLANDA MCCRAY 2821 S FEDERAL HWY D202 PLATE: FL 182RFZ BOYNTON BEACH, FL 33435 RE: Notice of Violation: 1851600069632 Version# : 1 NOTICE OF DISMISSAL This is to notify you that the above mentioned Notice of Violation for an infraction has been dismissed for the following reason: LIABILITY HAS BEEN TRANSFERRED TO THE NAMED INDIVIDUAL ON THE AFFIDAVIT YOU SUBMITTED. We apologize for any inconvenience. No further action is required. We recommend that you keep this notification for your records. City of Boynton Beach CITY OF BOYNTON BEACH �pN YOL,L.E e`y�j, a� Intersection Safety Program �zp PO Box 22091 NOTICE OF VIOLATION r_� c g Tempe,AZ 85285-2091 ''Zc,14.' ''' 111) - NOTICE#: 1851600181676 PIN: 6651 View your video and pay with your Visa or MasterCard at www.Violationlnfo.com Amount Due: $158.00 IIIII III 111111111111111111111111111111111111111111 111 Due Date: 09/18/2016 ADDIS GLORIA LEVI 4379 LADY BEVERLEE CT S ;,,; BOYNTON BEACH, FL 33436 OM ON/(Date) AT TIME AT LOCATION COUNTY 07/08/2016 12:58 PM NB N CONGRESS AVE @ E GATEWAY BLVD PALM BEACHATE TIME AMBER SPEED COI LIME MKS 0x/08/ 7016 iE se mm. 00x sI 0 z A 0308-N.x CONGRESS AVE e E OAa.wT BLVD NAME - - ------- -- ADDIS GLORIA LEVI STREET ADDRESS ., 4379 LADY BEVERLEE CT S _,--� t.—=— •- - CITY STATE ZIP CODE BOYNTON BEACH FL 33436 -A = ,.y,. l DID UNLAWFULLY • OPERATE/DRIVE 0 PARK ' / �— -° r YEAR MAKE MODEL STYLE COLOR `/ / , V 2016 TOYT COROLLA 4D BRO i C ./ _ r . .t STATE- - ATE TIME AMUR SPEED PHASE RTIME UWE RAIZ L NUMBER SREGISTRATION NUMBER E C EKGR61 FL 04180706 Or i-NB N N ES oe E E :A 0:a A am o x A 303-N3 n CONGRESS AVE!ME fJ.S.KAT BLVD Did then and there commit the following offense: FAILURE TO COMPLY WITH A STEADY RED SIGNAL The recorded Images relating to the vehicle stated above are evidence of this violation. IN VIOLATION OF: Florida Statutes§§316.0083,316.074(1)and 316.075(1)(c)1 - _ POLICE DEPARTMENT °"•-r - ~ ' ID#072 ._ � -- The traffic infraction enforcement officer named or law enforcement officer above has reviewed the recorded images ISSUE DATE f, evidencing the red light signal violation,has identified the license tag number of the violating vehicle and has found 07/20/2016 reasonable and probable grounds that an offense has been committed. 0 ;% e, <, STATUTORY PENALTY OF$158.00 IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE GO TO WWW.VIOLATIONINFO.COM Pay with your Visa or MasterCard at www.ViolationInfo.com or mail your check or money order with this coupon to the address below. a ``o - , 11111111111111111111111111111111111110111311111 �-`I NAME:ADDIS GLORIA LEVI DUE:09/18/2016 �p? Q� NOTICE#: 1851600181676 VERSION: 1 ISSUED:07/20/2016 Mas rtt ' PLATE: EKGR61 STATE: FL TYPE: •Si necesita ayuda en Espanol,favor came al 1.866.225.8875. No points will be assessed for this Notice of Violation nor,will it affect •PLEASE RESPOND WITH PAYMENT,REQUEST A HEARING,OR i vehicle insurance rates. __L- SUBMIT AN AFFIDAVIT POSTMARKED ON OR BEFORE THE DUE ..-_._._..,_ DATE TO AVOID ISSUANCE OF A UNIFORM TRAFFIC CITATION ' ("UTC").SEE INSTRUCTIONS ON REVERSE SIDE. City of Boynton Beach •Pay with your Visa or MasterCard at www.Violationlnfo.com or mail Payment Processing Center your check or money order with this coupon to the address to the right. PO Box 742527 •Make your check or money order payable to City of Boynton Beach. Cincinnati, OH 45274-2527 •DO NOT MAIL CASH. •Write the Notice#located above on the front of your payment. •Insert this tear-off coupon in the enclosed envelope with the address to the right showing through the window. AMOUNT DUE:$158.00 1 1851600181676 000015954915 158005 Your vehicle was observed by a traffic infraction detector failing to comply with a steady red light signal,in violation of Florida Statutes§§316.0083,316.074(1)and 316.075(1)(c)1, ' at the intersection, date, and time stated on the front page of this Notice of Violation ("Notice").This is a non-criminal infraction of state law. No points will be assessed and this infraction may not be used to set motor vehicle insurance rates. This Notice has been issued by the City of Boynton Beach. You have the following three options: a)Pay this violation in the amount of$158.00 on or before the due date specified on the front of this Notice;or . b)Submit an affidavit by following the instructions below;or c)Request a hearing by signing and mailing the form below.You will be notified by letter of the time,location and date of the hearing.If you request a hearing and the Local Hearing Officer concludes that no infraction has been committed,this Notice will be dismissed and no costs or penalties shall be imposed. If the Local Hearing Officer concludes that an infraction has been committed,the Local Hearing Officer will uphold the infraction,and you will be responsible for payment of a$158.00 fine as well as additional administrative fees and costs not to exceed$250.00 as imposed by the Local Hearing Officer. SUBMISSION OF AFFIDAVIT:You may download an affidavit at www.Violationlnfo.com.As the registered owner of the vehicle,you are deemed responsible for the violation and the payment of a $158.00 penalty unless, in compliance with Florida Statute § 316.0083(1)(d)1.a-d, you establish by a sworn affidavit that a statutory exemption applies. The exemptions are that the motor vehicle:(a)passed through the intersection in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession; (b)passed through the intersection at the direction of a law enforcement officer; (c)was,at the time of the violation, in the care,custody,or control of another person;or(d)a Uniform Traffic Citation ("UTC")was issued by a law enforcement officer to the driver of the motor vehicle for the violation of Florida Statutes §§ 316.074(1) and 316.075(1)(c)1 stated in this Notice.The affidavit must be sworn before a notary public or other person authorized to administer oaths. If you assert that the vehicle was in the care,custody,or control of another person, you must provide the name, address, date of birth, and, if known, the driver's license number of the person who leased, rented, or otherwise had care, custody,or control of the vehicle at the time of the violation, If the vehicle was stolen,then the affidavit must include a copy of a police report showing the vehicle to have been stolen.If you assert that a UTC was issued by a law enforcement officer for the violation of Florida Statutes§§ 316.074(1)and 316.075(1)(c)1 stated in this Notice,then you must include the serial number of the UTC.For faster processing,you may, but are not required to,include a copy of the UTC. If your affidavit complies with the requirements of Florida Statute§316.0083,then no further action will be taken against you. The submission of a false affidavit is a misdemeanor of the second degree,punishable under Florida Statute§775.082 or§775.083 by a term of imprisonment not to exceed sixty(60)days and/or a fine not to exceed$500.00.If submitting an affidavit,it must be postmarked on or before the due date specified on the front page of this Notice in order to be appropriately processed.The affidavit should be mailed to City of Boynton Beach,c/o Intersection Safety Program,PO Box 22091,Tempe,AZ 85285-2091. Do not send payment or affidavit to the Clerk of the Court. If you fail to respond as outlined above,postmarked by the due date,a UTC will be issued to you. Upon issuance of a UTC,you shall have the remedies specified in Florida Statutes§§316.0083 and 318.14,which include(a)the right to pay the civil penalty in the amount of$264.00;(b)the right to submit an affidavit;or(c)the right to have a hearing before a designated official, who shall determine whether an infraction has been committed. If the official concludes that no infraction has been committed, the UTC will be dismissed and no costs or penalties shall be imposed.If the official concludes an infraction has been committed,the official will uphold the UTC and may impose an additional civil penalty not to exceed$500.00 and court fees and costs.Failure to pay,submit an affidavit,or request a hearing on the UTC could result in your driving privileges being suspended. VIEW YOUR IMAGES AND VIDEO EVIDENCE FOR THIS INFRACTION:The recorded images and video of your violation will be submitted as evidence for the disposition of this violation.You may view your images and video online at www.Violationlnfo.com.You will need your Notice#and PIN printed on the front of this Notice inside the red box. If you do not have intemet access,you may view your video and images at any public library. QUESTIONS:If you have any questions,please contact Customer Service toll free at 1-866-225-8875. (You must be the registered owner of the vehicle to discuss this violation with Customer Service.) PAYMENT INSTRUCTIONS ONLINE PAYMENT:The fastest and easiest way to pay your$158.00 penalty is online.Go to www.Violationlnfo.com and log on with your Notice#and PIN shown in the red box on the front of this notice.Click the Pay button.There is a convenience/service fee for this service. PAYMENT BY PHONE:Call toll free 1-866-225-8875 available 24 hours a day,7 days a week.There is a convenience/service fee for this service. PAYMENT BY MAIL:Mail your check or money order(payable to City of Boynton Beach)in the enclosed envelope with the coupon printed at the bottom of the reverse side of this Notice.PLEASE DO NOT MAIL CASH.Be sure to put the Notice#(see reverse)on the face of your payment.Payment must be postmarked on or before the due date. PAYMENT IN PERSON:No walk-in payments will be accepted. HEARING REQUEST FORM To request a hearing on the above referenced Notice pursuant to Florida Statute§316.0083,please submit the signed and dated coupon below in the envelope provided.The petitioner understands they will be notified of the date,time and location of the hearing.The Local Hearing Officer shall issue a final administrative order.If the Notice of Violation is upheld, the petitioner will be required to pay$158.00 and may also be required to pay county or municipal costs,not to exceed$250.00. NOTE:Per Florida Statute,you may cancel your appearance before the local hearing officer by paying the$158.00 penalty assessed,plus$50 in administrative costs,before the start of the hearing.The amount due will be$208.00. Detach here and return bottom portion as a request for an Administrative Hearing before a Local Hearing Officer. 1851600151676 I submit this form as a request to contest this Notice of Violation and acknowledge that it must be postmarked by the due date of this Notice to be a valid request.I understand that I must attend this 1111111 0 1111111111 hearing in person,unless represented by counsel appearing in person on my behalf. Please sign and print name using blue or black ink. Signature: Printed Name: Phone Number: • City of Boynton Beach 100 E.Boynton Beach Blvd. • Boynton Beach,FL 33425 HEARING REQUEST Document Number: 1851600181676 Date Created:8/3/2016 11:18:24 AM ernIOn az= AJLROOM e amount due wilt be$208.00. Detach here and return bottom portion as a request for an Administrative Hearing before a Local Hearing Officer. P rS ) W � •or. 1851600181676 1111011111111111 I submit this form as a request to contest this Notice of Violation and acknowledge that it must be postmarked by the due date of this Notice to be a valid request.I understand that I must attend this hearing in person,unless represented by counsel appearing in person on my behalf. ` y Please sign and print name using blue or black ink. / S.//,r/] !/k) eon. ,�-f. he !((/(/ /�v Signature: r3+ 4 (v/ /(i .C-i-6l Printed Name: IC d 4 (r Phone Number: 5ZO l I V$ "//�Y� 2168 • • • ;Sim=VIS, 12/14/2016 9:00:58 AM Page 1 of 1 111,P:.1'+II C.O ;n-rrovEzn rt.e GYc'FILM City of Boynton Beach • 100 E.Boynton Beach Blvd. Q•° Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600181676 Document Information: Violation Information: Document Type: VIOLATION DATA REPORT Violation Date/Time: 7/8/2016 12:58:01 PM Version: v 1.0 Violation Location: NB N CONGRESS AVE @ E GATEWAY BLVD BOYNTON BEACH, FL Issue Date: 07/20/2016 Plate No./State: EKGR61 FL Appearance Date: 09/18/2016 Make/Model/Year:: TOYT/COROLLA/2016 Registered Owner: ADDIS GLORIA LEVI Name/Address 4379 LADY BEVERLEE CT S BOYNTON BEACH, FL 33436 Driver: ADDIS GLORIA LEVI Name/Address 4379 LADY BEVERLEE CT S BOYNTON BEACH, FL 33436 State Exhibit: scsisv�s" 12/14/2016 9:01AM Page 1 of 5 City of Boynton Beach 4"',°'% 100 E.Boynton Beach Blvd. f.; • Boynton Beach,FL 33425 c:,7 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600181676 DATE TIME AMBER 5FF;E© PERM RTIME LANE Flims" 07/08/2016 12:58:00.2PM. 5.1. 023 R 001.6 2 A. 13B03-MB -N CONXAESS AVE @' E {P'I I I.VIf. . - ,::::::::c37.4t4....vgle, ,4-4,„--,''It$ __,v.--• ,, -., 4 .,.1 .., ter, .sem ,I,,,, ^ x - r�. .r.1+r. ii. .{\�1 4 , ,. F,hyj.ne ir , 11; .., _ • State Exhibit: ;sIsVPs' 12/14/2016 9:01AM Page 2 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. wire Boynton Beach,FL 33425 �;�' Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600181676 DATE INE A2 £R SPEED PHASE DATE L2U E 'RAMS '. 003.0 2 B1 03 R:01.6 PN 5. 207/08j2b12.58 -in- .. .1CON88SSAVE ? EGAYEL a II . . 1 ete • • , �. S k I. t5;__r.. C :.' Y l4'4 �iWj ,i*, " 4P'r.r. l r' _ $s V .1 r mo.. :.'t Eer :,Y!••.F ` .� , - - ri c x/, State Exhibit: ss� �Ps' 12/14/2016 9:01AM Page 3 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. tlid. ` Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600181676 rt ' l F. 3 . ILI 1 State Exhibit: <7Eacss.,PS' 12/14/2016 9:01AM Page 4 of 5 • City of Boynton Beach +�\. 100 E.Boynton Beach Blvd. 121a Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600181676 NOTES Note Added By Added Date SCHEDULE HEARING/REVIEW REQUESTED-HEARING/REVIEW ALREADY SCHEDULED PMAILROOM 08/03/2016 11:18:24 AM Hearing Scheduled ON: 12/22/2016 AT 09:00 AM SYSTEM 07/30/2016 01:16:58 PM WILL REQUEST A HEARING AMCCLEARY 07/26/2016 07:44:51 AM State Exhibit: VPS- 12/14/2016 9:01AM Page 5 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. one,s, Boynton Beach,FL 33425 Camera Log Report Document#: 1851600181676 Location: BB03 - NB N CONGRESS AVE @ E GATEWAY BLVD Event Date/Time Status Deployment Start 7/8/2016 2:21:09AM' Operational Tests Passed Violation 7/8/2016 12:58:01 PM Deployment End 7/9/2016 2:21:07AM Operational Tests Passed ❑ Signs were Posted State Exhibit AMICS`S VPS- 12/14/2016 9:01AM Page 1 of 1 ATS SYSTEM LOG REPORT I,Jonathan Crabb,do hereby swear that: 1. I am employed by American Traffic Solutions("ATS"). 2. I am of sound mind,capable of making this certification,over the age of 18,and execute this certification based upon my own personal knowledge of ATS's business and the method by which ATS created,transmitted,and stored the information contained in the ATS System Log Report. 3. I,am the duly authorized custodian of the ATS System Log Report,and in such capacity,I have authority to certify the ATS System Log Report is a true and correct copy of an original record maintained by ATS. 4. The ATS System Log Report referenced below is a copy of a business record which was made automatically by the Axsis Violation Processing System,at or near the time of the self-test of the automatic red light enforcement system. 5. I certify that the testing that was conducted and is contained in the ATS System Log Report is a regular practice in the course of ATS's regularly conducted business activities and is kept in the ordinary course of ATS's regularly conducted business activities. I DECLARE UNDER PENALTY OF PERJURY IN THE STATE QF FLORIDA THAT THE AFOREMENTIONED INFORMATION IS TRUE AND CORRECT. Jonathan Crabb ATS System Log Report 07/08/2016 Location:BB03 -NB N CONGRESS AVE @ E GATEWAY BLVD Date: 07/08/2016 Event Time Status Automated Self-Test 02:21:09 AM All Tests Passed City of Boynton Beach CITY OF BOYNTON BEACH OK POLIO ��- p 'a.� Intersection Safety Program �i, POBox 22091 NOTICE OF VIOLATION r z Tempe,AZ 85285-2091 ado_ .Q, Y\1*-116) NOTICE#: 1851600175132 PIN: 5195 View your video and pay with your Visa or MasterCard at www.Violationlnfo.com Amount Due: $158.00 1111111111111111111 1 1 II II111111111111111 11111III II Due Date: 09/12/2016 JOSHUA A HAUPSTEIN ,"_ - ., - - vsk40 VIA FLORESTA DR - ' BOCA RATON, FL 33487 wear ON/(Date) AT TIME AT LOCATION COUNTY 06/29/2016 10:11 AM WB W WOOLBRIGHT RD @S CONGRESS AVE PALM BEACH D^* NE AMER REED PHASE MM.LANE P*°a ' 115129/5016 10 .11 10 1 BM 5 B 055 R 500 5 5 e ell,0 11 u1aa0tc0:w!5 CONGRESS AVE NAME ''''....,';- 1 _11» "'� `>r `... JOSHUA A HAUPSTEIN . - Q STREET ADDRESS - _ 40 VIA FLORESTA DR y CITY STATE ZIP CODE- ' .. - ' BOCA RATON FL 33487 _ r ,- ,,.. DID UNLAWFULLY •OPERATE/DRIVE 0 PARK ' C. �* V YEAR MAKE MODEL STYLE COLOR , E 2014 TOYT 4D BLK ,:'' H I or_ L NUMBER STATE REGISTRATION NUMBER 0055115016 ]0 11 1:5161.s SPEED .PHASE 001 1 1ne f5 z E I BPRC61 FL 16370202 01112.112 115.1av0x•5n a 0a+acv AVE C ,.ate +i.,: �w _,V,.,�. 7�, . r ri, Did then and there commit the following offense: my _ ,.`.-- FAILURE TO COMPLY WITH A STEADY RED SIGNAL t T a The recorded Images relating to the vehicle stated above are evidence of this violation. - _ IN VIOLATION OF: • Florida Statutes§§316.0083,316.074(1)and 316.075(1)(c)1 - POLICE DEPARTMENT -----.0- _ .-, _ I , } Aa,,.,y � . ID#063 - •'-y -- The traffic infraction enforcement officer named or law enforcement officer above has reviewed the recorded images ISSUE DATE C> evidencing the red light signal violation,has identified the license tag number of the violating vehicle and has found 07/14/2016 - reasonable and probable grounds that an offense has been committed. J. STATUTORY PENALTY OF$158.00 IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE GO TO WWW.VIOLATIONINFO.COM Pay with your Visa or MasterCard at www.Violationlnfo.com or mail your check or money order with this coupon to the address below. MIII1 III1 III1 11111 II III1 1111111I IIIIIII I I III ma,� � NAME:JOSHUA A HAUPSTEIN DUE:09/12/2016 � PLATE: PRC6 STATE: FL TYPE: 1851600175132 1 ISSUED:07/14/2016 •Si necesita ayuda en Espanol,favor(lame al 1.866.226.8875. , No points will be assessed for this Notice of Violation nor will it affect •PLEASE RESPOND WITH PAYMENT,REQUESTA HEARING,OR L vehicle insurance rates. SUBMIT AN AFFIDAVIT POSTMARKED ON OR BEFORE THE DUE DATE TO AVOID ISSUANCE OF A UNIFORM TRAFFIC CITATION ("UTC").SEE INSTRUCTIONS ON REVERSE SIDE. , City of Boynton Beach •Pay with your Visa or MasterCard at www.Violationlnfo.com or mail Payment Processing Center your check or money order with this coupon to the address to the right. PO Box 742527 •Make your check or money order payable to City of Boynton Beach. Cincinnati, OH 45274-2527 •DO NOT MAIL CASH. •Write the Notice#located above on the front of your payment. •Insert this tear-off coupon in the enclosed envelope with the address to the right showing through the window. AMOUNT DUE: $158.00 1 1851600175132 000015913759 158009 Your vehicle was observed by a traffic infraction detector failing to comply with a steady red light signal,in violation of Florida Statutes§§ 316.0083,316.074(1)and 316.075(1)(c)1, ' at the intersection, date, and time stated on the front page of this Notice of Violation ("Notice").This is a non-criminal infraction of state law. No points will be assessed and this infraction may not be used to set motor vehicle insurance rates. This Notice has been issued by the City of Boynton Beach. You have the following three options: a)Pay this violation in the amount of$158.00 on or before the due date specified on the front of this Notice;or b)Submit an affidavit by following the instructions below;or c)Request a hearing by signing and mailing the form below.You will be notified by letter of the time,location and date of the hearing.If you request a hearing and the Local Hearing Officer concludes that no infraction has been committed, this Notice will be dismissed and no costs or penalties shall be imposed. If the Local Hearing Officer concludes that an infraction has been committed,the Local Hearing Officer will uphold the infraction,and you will be responsible for payment of a$158.00 fine as well as additional administrative fees and costs not to exceed$250.00 as imposed by the Local Hearing Officer. SUBMISSION OF AFFIDAVIT:You may download an affidavit at www.Violationlnfo.com.As the registered owner of the vehicle,you are deemed responsible for the violation and the payment of a $158.00 penalty unless, in compliance with Florida Statute § 316.0083(1)(d)1.a-d, you establish by a sworn affidavit that a statutory exemption applies. The exemptions are that the motor vehicle:(a)passed through the intersection in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession; (b)passed through the intersection at the direction of a law enforcement officer; (c)was,at the time of the violation, in the care,custody,or control of another person;or(d)a Uniform Traffic Citation ("UTC")was issued by a law enforcement officer to the driver of the motor vehicle for the violation of Florida Statutes§§ 316.074(1) and 316.075(1)(c)1 stated in this Notice.The affidavit must be sworn before a notary public or other person authorized to administer oaths. If you assert that the vehicle was in the care,custody,or control of another person, you must provide the name, address, date of birth, and, if known, the driver's license number of the person who leased, rented, or otherwise had care, custody,or control of the vehicle at the time of the violation. If the vehicle was stolen, then the affidavit must include a copy of a police report showing the vehicle to have been stolen. If you assert that a UTC was issued by a law enforcement officer for the violation of Florida Statutes§§ 316.074(1)and 316.075(1)(c)1 stated in this Notice,then you must include the serial number of the UTC.For faster processing,you may,but are not required to,include a copy of the UTC. If your affidavit complies with the requirements of Florida Statute§316.0083,then no further action will be taken against you. The submission of a false affidavit is a misdemeanor of the second degree,punishable under Florida Statute§776.082 or§775.083 by a term of imprisonment not to exceed sixty(60)days and/or a fine not to exceed$500.00.If submitting an affidavit,it must be postmarked on or before the due date specified on the front page of this Notice in order to be appropriately processed.The affidavit should be mailed to City of Boynton Beach,c/o Intersection Safety Program,PO Box 22091,Tempe,AZ 85285-2091. Do not send payment or affidavit to the Clerk of the Court. If you fail to respond as outlined above,postmarked by the due date,a UTC will be issued to you. Upon issuance of a UTC,you shall have the remedies specified in Florida Statutes§§316.0083 and 318.14,which include(a)the right to pay the civil penalty in the amount of$264.00;(b)the right to submit an affidavit;or(c)the right to have a hearing before a designated official, who shall determine whether an infraction has been committed. If the official concludes that no infraction has been committed, the UTC will be dismissed and no costs or penalties shall be imposed.If the official concludes an infraction has been committed,the official will uphold the UTC and may impose an additional civil penalty not to exceed$500.00 and court fees and costs.Failure to pay,submit an affidavit,or request a hearing on the UTC could result in your driving privileges being suspended. VIEW YOUR IMAGES AND VIDEO EVIDENCE FOR THIS INFRACTION:The recorded images and video of your violation will be submitted as evidence for the disposition of this violation.You may view your images and video online at www.Violationlnfo.com.You will need your Notice#and PIN printed on the front of this Notice inside the red box. If you do not have intemet access,you may view your video and images at any public library. QUESTIONS:If you have any questions,please contact Customer Service toll free at 1-866-225-8875. (You must be the registered owner of the vehicle to discuss this violation with Customer Service.) PAYMENT INSTRUCTIONS ONLINE PAYMENT:The fastest and easiest way to pay your$158.00 penalty is online.Go to www.Violationlnfo.com and log on with your Notice#and PIN shown in the red box on the front of this notice.Click the Pay button.There is a convenience/service fee for this service. PAYMENT BY PHONE:Call toll free 1-866-225-8875 available 24 hours a day,7 days a week.There is a convenience/service fee for this service. PAYMENT BY MAIL:Mail your check or money order(payable to City of Boynton Beach)in the enclosed envelope with the coupon printed at the bottom of the reverse side of this Notice.PLEASE DO NOT MAIL CASH.Be sure to put the Notice#(see reverse)on the face of your payment.Payment must be postmarked on or before the due date. PAYMENT IN PERSON:No walk-in payments will be accepted. HEARING REQUEST FORM To request a hearing on the above referenced Notice pursuant to Florida Statute§316.0083,please submit the signed and dated coupon below in the envelope provided.The petitioner understands they will be notified of the date,time and location of the hearing.The Local Hearing Officer shall issue a final administrative order.If the Notice of Violation is upheld, the petitioner will be required to pay$158.00 and may also be required to pay county or municipal costs,not to exceed$250.00. NOTE:Per Florida Statute,you may cancel your appearance before the local hearing officer by paying the$158.00 penalty assessed,plus$50 in administrative costs,before the start of the hearing.The amount due will be$208.00. Detach here and return bottom portion as a request for an Administrative Hearing before a Local Hearing Officer. 1851600175132 I submit this form as a request to contest this Notice of Violation and acknowledge that it must be postmarked by the due date of this Notice to be a valid request.I understand that I must attend this 1111 11 1 II I hearing in person,unless represented by counsel appearing in person on my behalf. Please sign and print name using blue or black ink. Signature: Printed Name: Phone Number: City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach, FL 33425 HEARING REQUEST Document Number: 1851600175132 Date Created: 8/10/2016 11:51:43 AM ;ter-m.0-K 540.10 Br.NAIMOLI amount due will be$208.00. oi.o9asv31d:'301, Detach here and return bottom portiorTas777M-an Administrative Hearing before a Local Hearing Officer. 185160 0175132 • I submit this form as a request to contest this Notice of Violation and acknowledge that it must be I l Ii ill 1 1 1 postmarked by the due date of this Notice to be a valid request.I understand that I must attend this , hearing in person,unless represented by counsel appearing in person on my behalf. Please sign and print nae sing blue or black ink. 2.527 Signature: • If ---- [- Printed Name: doinua &tips ie,in Phone Number: 77/3 — 3 1L1 61/73 374 --• • AXSIS-VPS 12/14/2016 8:56:17 AM Page 1 of 1 r'n,1 r r21,- i• City of Boynton Beach 100 E.Boynton Beach Blvd. 41°• Boynton Beach,FL 33425 -w Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600175132 Document Information: Violation Information: Document Type: VIOLATION DATA REPORT Violation Date/Time: 6/29/2016 10:11:12AM Version: v 1.0 Violation Location: WB W WOOLBRIGHT RD @ S CONGRESS AVE BOYNTON BEACH, FL Issue Date: 07/14/2016 Plate No./State: BPRC61 FL Appearance Date: 09/12/2016 Make/Model/Year:: TOYT/2014 Registered Owner: JOSHUA A HAUPSTEIN Name/Address 40 VIA FLORESTA DR BOCA RATON, FL 33487 Driver: JOSHUA A HAUPSTEIN Name/Address 40 VIA FLORESTA DR BOCA RATON, FL 33487 State Exhibit: A;"� vps- 12/14/2016 8:56AM Page 1 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. 4-;- Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600175132 DATE TIME AMBER SPEED PHASE RTINE LANE; FRAM 06/29/2016 10:11:10.5 AM 4_5 022 R 000.2 1 A BB12-FTB W WOOTBRIG31; W @ B CON SB AVE t „ 4 1 - ' 4,00- �" State Exhibit: ��AxsrisvPS: 12/14/2016 8:56AM Page 2 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600175132 DATE Tibirs AMBER SPE,ED PRASE fit2,1112 LANE FRAIAE 0672 9/2,11)1 6 1011:12.2 MI 4.5 022 R ODi.gi 1 B BE12-1,113 Si WLSRIGHT X e S CQAVAVE '1r - l'• - -r-- - r- f'. ' SIVIIISZ. 7iak4," . ,.., ''''',11raVoloor via0109. ,,,,,,,.0„,,, ; • ri d. , ' . -1f , .. . , -. ,.......,.'. --, - - -i. - , 7- . ...4''- ,4.. ,.. ..- - „, -.- -- ..4 , , . .. , , , _ . • Fir4-1. . • I I.'” 4 ,.., ,.1. ' ... r„ . „. • . . •r • f - ' "' •'nil,-' .--, Ai.0" .... State Exhibit: 12/14/2016 8:56AM Page 3 of 5 • City of Boynton Beach PoliP 100 E.Boynton Beach Blvd. Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600175132 � t I i,.� '•, if...i 161 ; T�� i:r ,1` , .0 ' -41 I. Ilk 4111 • State Exhibit: ;.a Azcsisvps' 12/14/2016 8:56AM Page 4 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. 45,0, Boynton Beach,FL 33425 Violation Evidence Report • Complaint Number: Docket Number: Document Number: 1851600175132 NOTES Note Added By Added Date JOSHUA A HAUPSTEIN GIVES PERMISSION!TO ASHLEY BRUSTHI LREYES 10/26/2016 02:21:22 PM ABOUT THE NOV • SCHEDULE HEARING/REVIEW REQUESTED-HEARING/REVIEW ALREADY SCHEDULED PMAILROOM 08/10/2016 11:51:43 AM Hearing Scheduled ON: 12/22/2016 AT 09:00 AM SYSTEM 08/07/2016 01:17:13 PM State Exhibit: �Lp ;s�cs:sVPS- 12/14/2016 8:56AM Page 5 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. et!,,, Boynton Beach,FL 33425 x ' Camera Log Report Document#: 1851600175132 Location: BB12 - WB W WOOLBRIGHT RD @ S CONGRESS AVE Event Date/Time Status Deployment'Start 6/29/2016 2:21:45AM Operational Tests Passed Violation 6/29/2016 10:11:12AM Deployment End 6/30/2016 2:21:45AM Operational Tests Passed ❑ Signs were Posted State Exhibit q As�SFsvPs 12/14/2016 8:56AM Page 1 of 1 ATS SYSTEM LOG REPORT I,Jonathan Crabb,do hereby swear that: 1. I am employed by American Traffic Solutions("ATS"). 2. I am of sound mind,capable of making this certification,over the age of 18,and execute this certification based upon my own personal knowledge of ATS's business and the method by which ATS created,transmitted,and stored the information contained in the ATS System Log Report. 3. I,am the duly authorized custodian of the ATS System Log Report,and in such capacity,I have authority to certify the ATS System Log Report is a true and correct copy of an original record maintained by ATS. 4. The ATS System Log Report referenced below is a copy of a business record which was made automatically by the Axsis Violation Processing System,at or near the time of the self-test of the automatic red light enforcement system. 5. I certify that the testing that was conducted and is contained in the ATS System Log Report is a regular practice in the course of ATS's regularly conducted business activities and is kept in the ordinary course of ATS's regularly conducted business activities. I DECLARE UNDER PENALTY OF PERJURY IN THE STATE OF FLORIDA THAT THE AFOREMENTIONED INFORMATION IS TRUE AND CORRECT. Jonathan Crabb ATS System Log Report 06/29/2016 Location:BB12-WB W WOOLBRIGHT RD @ S CONGRESS AVE Date: 06/29/2016 Event Time Status Automated Self-Test 02:21:45 AM All Tests Passed • City of Boynton Beach CITY OF BOYNTON BEACH �e`"Q°�'o Intersection Safety Program "`��'p PO Box 22091 NOTICE OF VIOLATION z2 , ,,, k Tempe,AZ 85285-2091 I NOTICE#: 1851600134931 (I,/ nI l� PIN: 3545 1 View your video and pay with your Visa or 6 MasterCard at www.Violationlnfo.com _� Amount Due: $158.00 111111111111III III IIII 11111111 11 II Due Date: 07/26/2016 NICHOLE C ADAMS ,V 137-43 233 STREET 7 ;. ,, _ . ROSEDALE, NY 11422 r r GB. iii- :,-.c-.",, ON/(Date) AT TIME AT LOCATION COUNTY It 05/07/2016 02:08 PM SB NW 8TH ST @ W BOYNTON BEACH BLVD/SR 804 PALM BEACH r Iw.o ° NAME � s. h IIIIIIINIIMIIIIOIIIPI � .' NICHOLE C ADAMS '�` `'' ° 's4,ds STREET ADDRESS 'l am' l .. ~f_ �. 137 43 233 STREET r V�; •�: Y N, ••• °` Xli3iiii CITY STATE ZIP CODE --- ',"`"-T4 ROSEDALE NY 11422 ,4 't -_ ...,43Y24,07,: ',}'"4 nit":- DID UNLAWFULLY IN OPERATE/DRIVE 0 PARK L. YEAR MAKE MODEL STYLE COLOR E2009 TOYT COROLLA 4D BLK " C L NUMBER STATE REGISTRATION NUMBER o .ry.. in"i" m .. I" E C DWLV90 FL 19476141 - T V Did then and there commit the following offense: ® . 5 FAILURE TO COMPLY WITH A STEADY RED SIGNAL � „ - , -i;T, Ir ,-`7 es l The recorded images relating to the vehicle stated above are evidence of this violation. , G ;. IN VIOLATION OF: —'� , r Florida Statutes§§316.0083,316.074(1)and 316.075(1)(c)1 _. __ ' <<. POLICE DEPARTMENT q Al- = .-et..'', _721_ .— ID#072 The traffic infract on enforcement officer named or law enforcement officer above has reviewed the recorded images ISSUE DATE - !!/ I/ evidencing the red light signal violation,has identified the license tag number of the violating vehicle and has found y' I t 05/27/2016 reasonable and probable grounds that an offense has been committed. _ STATUTORY PENALTY OF$158.00 IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE GO TO WWW.VIOLATIONINFO.COM -�pp Pay with your Visa or MasterCard at www.Violationlnfo.com or mail your check or money order with this coupon to the address below. VR r�L � ws NAME: NICHOLE C ADAMS DUE: 07/26/2016 °�D\Q= III III1111111111111111111111111111111 IIIIIII IIII NOTICE#: 1851600134931 VERSION: 1 ISSUED:05/27/2016 PLATE: DWLV90 STATE: FL TYPE: •Si necesita ayuda en Espanol,favor tame al 1.866.225.8875. No points will be assessed for this Notice of Violation nor will it affect •PLEASE RESPOND WITH PAYMENT,REQUEST A HEARING,OR ; vehicle insurance rates. _ SUBMIT AN AFFIDAVIT POSTMARKED ON OR BEFORE THE DUE DATE TO AVOID ISSUANCE OF A UNIFORM TRAFFIC CITATION ("UTC").SEE INSTRUCTIONS ON REVERSE SIDE. City of Boynton Beach •Pay with your Visa or MasterCard at www.Violationlnfo.com or mail Payment Processing Center your check or money order with this coupon to the address to the right. PO Box 742527 •Make your check or money order payable to City of Boynton Beach. Cincinnati, OH 45274-2527 •DO NOT MAIL CASH. •Write the Notice#located above on the front of your payment. •Insert this tear-off coupon in the enclosed envelope with the address to the right showing through the window. AMOUNT DUE: $158.00 1 1851600134931 000015498307 158005 Your vehicle was observed by a traffic infraction detector failing to comply with a steady red light signal,in violation of Florida Statutes§§ 316.0083,316.074(1)and 316.075(1)(c)1, at the intersection, date, and time stated on the front page of this Notice of Violation ("Notice").This is a non-criminal infraction of state law. No points will be assessed and this infraction may not be used to set motor vehicle insurance rates. This Notice has been issued by the City of Boynton Beach. You have the following three options: a)Pay this violation in the amount of$158.00 on or before the due date specified on the front of this Notice;or b)Submit an affidavit by following the instructions below;or c)Request a hearing by signing and mailing the form below.You will be notified by letter of the time,location and date of the hearing.If you request a hearing and the Local Hearing Officer concludes that no infraction has been committed,this Notice will be dismissed and no costs or penalties shall be imposed. If the Local Hearing Officer concludes that an infraction has been committed,the Local Hearing Officer will uphold the infraction,and you will be responsible for payment of a$158.00 fine as well as additional administrative fees and costs not to exceed$250.00 as imposed by the Local Hearing Officer. SUBMISSION OF AFFIDAVIT:You may download an affidavit at www.Violationlnfo.com.As the registered owner of the vehicle,you are deemed responsible for the violation and the payment of a $158.00 penalty unless, in compliance with Florida Statute § 316.0083(1)(d)1.a-d, you establish by a sworn affidavit that a statutory exemption applies. The exemptions are that the motor vehicle:(a)passed through the intersection in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession; (b) passed through the intersection at the direction of a law enforcement officer; (c)was,at the time of the violation,in the care,custody,or control of another person;or(d)a Uniform Traffic Citation ("UTC")was issued by a law enforcement officer to the driver of the motor vehicle for the violation of Florida Statutes §§ 316.074(1) and 316.075(1)(c)1 stated in this Notice.The affidavit must be sworn before a notary public or other person authorized to administer oaths. If you assert that the vehicle was in the care,custody,or control of another person, you must provide the name, address, date of birth, and, if known, the driver's license number of the person who leased, rented, or otherwise had care, custody,or control of the vehicle at the time of the violation. If the vehicle was stolen,then the affidavit must include a copy of a police report showing the vehicle to have been stolen. If you assert that a UTC was issued by a law enforcement officer for the violation of Florida Statutes§§ 316.074(1)and 316.075(1)(c)1 stated in this Notice,then you must include the serial number of the UTC. For faster processing,you may,but are not required to,include a copy of the UTC. If your affidavit complies with the requirements of Florida Statute§ 316.0083,then no further action will be taken against you. The submission of a false affidavit is a misdemeanor of the second degree,punishable under Florida Statute§775.082 or§775.083 by a term of imprisonment not to exceed sixty(60)days and/or a fine not to exceed$500.00.If submitting an affidavit,it must be postmarked on or before the due date specified on the front page of this Notice in order to be appropriately processed.The affidavit should be mailed to City of Boynton Beach,c/o Intersection Safety Program,PO Box 22091,Tempe,AZ 85285-2091. Do not send payment or affidavit to the Clerk of the Court. If you fail to respond as outlined above,postmarked by the due date,a UTC will be issued to you. Upon issuance of a UTC,you shall have the remedies specified in Florida Statutes§§316.0083 and 318.14,which include(a)the right to pay the civil penalty in the amount of$264.00;(b)the right to submit an affidavit;or(c)the right to have a hearing before a designated official, who shall determine whether an infraction has been committed. If the official concludes that no infraction has been committed, the UTC will be dismissed and no costs or penalties shall be imposed.If the official concludes an infraction has been committed,the official will uphold the UTC and may impose an additional civil penalty not to exceed$500.00 and court fees and costs.Failure to pay,submit an affidavit,or request a hearing on the UTC could result in your driving privileges being suspended. VIEW YOUR IMAGES AND VIDEO EVIDENCE FOR THIS INFRACTION:The recorded images and video of your violation will be submitted as evidence for the disposition of this violation.You may view your images and video online at www.Violationlnfo.com.You will need your Notice#and PIN printed on the front of this Notice inside the red box. If you do not have internet access,you may view your video and images at any public library. QUESTIONS:If you have any questions,please contact Customer Service toll free at 1-866-225-8875. (You must be the registered owner of the vehicle to discuss this violation with Customer Service.) PAYMENT INSTRUCTIONS ONLINE PAYMENT:The fastest and easiest way to pay your$158.00 penalty is online.Go to www.Violationlnfo.com and log on with your Notice#and PIN shown in the red box on the front of this notice.Click the Pay button.There is a convenience/service fee for this service. PAYMENT BY PHONE:Call toll free 1-866-225-8875 available 24 hours a day,7 days a week.There is a convenience/service fee for this service. PAYMENT BY MAIL:Mail your check or money order(payable to City of Boynton Beach)in the enclosed envelope with the coupon printed at the bottom of the reverse side of this Notice.PLEASE DO NOT MAIL CASH.Be sure to put the Notice#(see reverse)on the face of your payment.Payment must be postmarked on or before the due date. PAYMENT IN PERSON:No walk-in payments will be accepted. HEARING REQUEST FORM To request a hearing on the above referenced Notice pursuant to Florida Statute§316.0083,please submit the signed and dated coupon below in the envelope provided.The petitioner understands they will be notified of the date,time and location of the hearing.The Local Hearing Officer shall issue a final administrative order.If the Notice of Violation is upheld, the petitioner will be required to pay$158.00 and may also be required to pay county or municipal costs,not to exceed$250.00. NOTE:Per Florida Statute,you may cancel your appearance before the local hearing officer by paying the$158.00 penalty assessed,plus$50 in administrative costs,before the start of the hearing.The amount due will be$208.00. Detach here and return bottom portion as a request for an Administrative Hearing before a Local Hearing Officer. 1851600134931 I submit this form as a request to contest this Notice of Violation and acknowledge that it must be postmarked by the due date of this Notice to be a valid request.I understand that I must attend this 111111110 III 111011 hearing in person,unless represented by counsel appearing in person on my behalf. Please sign and print name using blue or black ink. Signature: Printed Name: Phone Number: City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach, FL 33425 HEARING REQUEST Document Number: 1851600134931 Date Created: 8/3/2016 11:12:30 AM amount mos wm oe CLun.uu. • Detach here and return bottom portion as a request for an Administrative Hearing before a Local Hearing Officer. 1851600134931 I submit this form as a request to contest this Notice of Violation and acknowledge that it must be postmarked by the due date of this Notice to be a valid request.I understand that I must attend this hearing in person,unless represented by counsel appearing in person on my behalf. Please sign and print name using blue...ack ink. t. 's 25. 25 _ • Signature: 7/16 /(6 Printed Name: / Phone Number. f 9 O 2/6 ° " IS-VPS 12/14/2016 9:31:28 AM Page 1 of 1 City of Boynton Beach 100 E.Boynton Beach Blvd. h Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600134931 Document Information: Violation Information: Document Type: VIOLATION DATA REPORT Violation Date/Time: 5/7/2016 2:08:30PM Version: V. 1.0 Violation Location: SB NW 8TH ST @ W BOYNTON BEACH BLVD/SR 804 BOYNTON BEACH, FL Issue Date: 05/27/2016 Plate No./State: DWLV90 FL Appearance Date: 07/26/2016 Make/Model/Year:: TOYT/COROLLA/2009 Registered Owner: NICHOLE C ADAMS Name/Address 137-43 233 STREET ROSEDALE, NY 11422 Driver: NICHOLE C ADAMS Name/Address 137-43 233 STREET ROSEDALE, NY 11422 State Exhibit: � �SS 12/14/2016 9:31AM Page 1 of 5 City of Boynton Beach /r.°"1 100 E.Boynton Beach Blvd. lg=''°" Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600134931 4i�; list Ltr1t 5Ptrd Misr mrabE big KIS [ns Ftmrr Lir 15,0nao16•Rises.?PN 0:3( -026 P. 11,0 .000.E FI1 --, O iltO -1 014-11,111$8UJ ST I 4 OP1'Httlli pfitv"9Lvp.stip ifs `-'r Mme" S f ` 4 IF 1 �� rk ''„ sr T - � 1 VY '. • � : r -k. "�, .'-i". x P+- �� tom'„ `� LA,' } +, 1 .......! 1._11.:- ' - ::.--, — ....„,„,?..:,.. . r- „:;_e i. ._, . , ,t , - t , 4,01„,„„* „.....„.„—:r:z , it., ,7 .,,1:t.st 'V .- _ ,. ._, c . ' 'L I • - «4I ., r x*i alai . _„....,. _ yti ,., .,t Y. fj ID. i.. .. . - _ 1f_ t; - t _" om' State Exhibit: axvs!svps 12/14/2016 9:31AM Page 2 of 5 • City of Boynton Beach e� 100 E.Boynton Beach Blvd. O'r Vt µ Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600134931 0� �IIx aTt�r r0 " I.'i:1S*;1cf fi Pi�tii��tr 4ti4F kfix I�iz-;: JG1.t,{ rLare,14 ©;tivnD1b�t!?Bk�B1,b PI�,`D,30, •AbF $ a 0,49wf# Fit 4tpQi4c %�7tdBOB. d Bit�l iti'Adl iii Btrafid tifibi B tl 'SRtfiOt , .. I = . a -::. . > _ - __, • �� .M reki',r-•f P s4M 4st is $4-itir„ :, , c �' M ' 4. in I .„„la ,F.%..-M4Y re � s .Fl ( +,...,,,v_.,._...,.., #,,:x 8 3X - I , ;y[[ kyom#1*, t .+ � y,".�`..ut _ r h $ 1 ,a, 4 ' �EcS _. ,= ` 3. .mar _a; '',44'"" - _ at �1�7 -zia4' � i:'1:2‘..,--,H,.: � : fi:r:— �1�� $�fi �MLiftu�k �,yt_::!41,;:-4;11 .: 'kut t �:: 4�Stev. , y - - + * a. y e-v ii .._:------ _IR fiF fir.. � e , by * r` - • State Exhibit: - .�ics! vps 12/14/2016 9:31AM Page 3 of 5 City of Boynton Beach .Y' 100 E.Boynton Beach Blvd. "`" Boynton Beach,FL 33425 • Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600134931 ,- AV 4. )ft ' ‘ W r l • ig ya -116 alf , . State Exhibit: as!svPs" 12/14/2016 9:31AM Page 4 of 5 • City of Boynton Beach , " 19 100 E.Boynton Beach Blvd. 01 9: Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600134931 NOTES Note Added By Added Date SCHEDULE HEARING/REVIEW REQUESTED-HEARING/REVIEW ALREADY SCHEDULED PMAILROOM 08/03/2016 11:12:30 AM Hearing Scheduled ON: 12/22/2016 AT 09:00 AM SYSTEM 07/31/2016 01:16:57 PM State Exhibit: �!�vPs 12/14/2016 9:31AM Page 5 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach,FL 33425 Camera Log Report Document#: 1851600134931 Location: BB14 - SB NW 8TH ST @ W BOYNTON BEACH BLVD/SR 804 Event Date/Time Status Deployment Start 5/7/2016 12:00:16AM Operational Tests Passed Violation 5/7/2016 2:08:30PM Deployment End 5/8/2016 12:00:16AM Operational Tests Passed ❑ Signs were Posted State Exhibit q?e iAxsis VPs- 12/14/2016 9:31AM Page 1 of 1 ATS SYSTEM LOG REPORT I,Jonathan Crabb,do hereby swear that: 1. I am employed by American Traffic Solutions("ATS"). 2. I am of sound mind,capable of making this certification,over the age of 18,and execute this certification based upon my own personal knowledge of ATS's business and the method by which ATS created,transmitted,and stored the information contained in the ATS System Log Report. 3. I,am the duly authorized custodian of the ATS System Log Report,and in such capacity,I have authority to certify the ATS System Log Report is a true and correct copy of an original record maintained by ATS. 4. The ATS System Log Report referenced below is a copy of a business record which was made automatically by the Axsis Violation Processing System,at or near the time of the self-test of the automatic red light enforcement system. 5. I certify that the testing that was conducted and is contained in the ATS System Log Report is a regular practice in the course of ATS's regularly conducted business activities and is kept in the ordinary course of ATS's regularly conducted business activities. I DECLARE UNDER PENALTY OF PERJURY IN THE STATE OF FLORIDA THAT THE AFOREMENTIONED INFORMATION IS TRUE AND CORRECT. Jonathan Crabb ATS System Log Report 05/07/2016 Location:BB14-SB NW 8TH ST @ W BOYNTON BEACH BLVD/SR 804 Date: 05/07/2016 Event Time Status Automated Self-Test 12:00:16 AM All Tests Passed City of Boynton Beach CITY OF BOYNTON BEACH Pp0 POL(C5 • �� p a�, Intersection Safety Program cs, ��i, PO Box 22091 NOTICE OF VIOLATION Tempe,AZ 85285-2091 P,, ),'',., - a z /` NOTICE#: 1851600095785 �\ PIN: 1106 a View your video and pay with your Visa or MasterCard at www.Violationlnfo.com Amount Due: $158.00 11111111111111111111101111111111111111111111111II I II Due Date: 06/17/2016 JARRET EVAN ORENBUCH J 113 BRITTANY C DELRAY BEACH, FL 33446 ' '"` -0 ;${,, ON/(Date) AT TIME AT LOCATION COUNTY ` r-- • 03/23/2016 12:06 PM EB W WOOLBRIGHT RD @ SW 8TH ST/CORPORATE PALM BEACH „,,.. ,. «,, ,, -•,.,. '" DR NAME ___-- JARRET EVAN ORENBUCH . — STREET ADDRESS . L-.J'amd. �s " 113 BRITTANY C ° L� - CITY STATE ZIP CODE '•" '' l ,1 '-‘*e4444•11:,'''.4.11' wrE4 ;Ir ,Ilya ''4* i1 • DELRAY BEACH FL 33446 DID UNLAWFULLY OPERATE/DRIVE PARK J .ry" , V YEAR MAKE MODEL STYLE COLOR ( + * x .' E 2014 CHEV CRUZE 4D DBL i'74** ', ,a ✓, ITM r{ r p 1 - H ✓ a . f E ' k s C L NUMBER STATE REGISTRATION NUMBER nr nN' M ''m '''."' l'" E C EDJGO9 FL 01158186 111,41._ M� Did then and there commit the following offense: div ,., .- , I FAILURE TO COMPLY WITH A STEADY RED SIGNAL ie il' ' The recorded Images relating to the vehicle stated above are evidence of this violation. •','—� as- -. kms`"'k IN VIOLATION OF: ay„ a 37,,A6.i$41.i$ Florida Statutes H316.0083,316.074(1)and 316.075(1)(c)1 ',, ".' ' .°�, POLICE DEPARTMENT _.u........ - ID#072 " "". x The traffic infraction enforcement officer named or law enforcement officer above has reviewed the recorded images ISSUE DATE evidencing the red light signal violation,has identified the license tag number of the violating vehicle and has found `-?ti 04/18/2016 -, ' u'1%,, d�"i r .,r i•)'4. reasonable and probable grounds that an offense has been committed. ..a ' y„ 4', .�41r 1 STATUTORY PENALTY OF$158.00 IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE GO TO WWW.VIOLATIONINFO.COM Pay with your Visa or MasterCard at www.Violationlnfo.com or mail your check or money order with this coupon to the address below. ��to � � ( A NAME:JARRET EVAN ORENBUCH DUE: 06/17/2016 °� a III HIM I II III I II II 11111111111111111 I I IIII IIIIIII NOTICE#: 1851600095785 VERSION: 1 ISSUED: 04/18/2016 PLATE: EDJGO9 STATE: FL TYPE: •Si necesita ayuda en Espanol,favor llama al 1.866.225.8875. No points will be assessed for this Notice of Violation nor will it affect •PLEASE RESPOND WITH PAYMENT,REQUEST A HEARING,OR : vehicle insurance rates. SUBMIT AN AFFIDAVIT POSTMARKED ON OR BEFORE THE DUE DATE TO AVOID ISSUANCE OF A UNIFORM TRAFFIC CITATION ("UTC").SEE INSTRUCTIONS ON REVERSE SIDE. City of Boynton Beach •Pay with your Visa or MasterCard at www.ViolationInfo.com or mail Payment Processing Center your check or money order with this coupon to the address to the right. PO Box 742527 •Make your check or money order payable to City of Boynton Beach. Cincinnati, OH 45274-2527 •DO NOT MAIL CASH. •Write the Notice#located above on the front of your payment. •Insert this tear-off coupon in the enclosed envelope with the address to the right showing through the window. AMOUNT DUE: $158.00 1 1851600095785 000015145995 158001 Your vehicle was observed by a traffic infraction detector failing to comply with a steady red light signal,in violation of Florida Statutes§§ 316.0083,316.074(1)and 316.075(1)(c)1, • at the intersection, date, and time stated on the front page of this Notice of Violation ("Notice").This is a non-criminal infraction of state law. No points will be assessed and this infraction may not be used to set motor vehicle insurance rates. This Notice has been issued by the City of Boynton Beach. You have the following three options: a)Pay this violation in the amount of$158.00 on or before the due date specified on the front of this Notice;or b)Submit an affidavit by following the instructions below;or c)Request a hearing by signing and mailing the form below.You will be notified by letter of the time,location and date of the hearing.If you request a hearing and the Local Hearing Officer concludes that no infraction has been committed,this Notice will be dismissed and no costs or penalties shall be imposed. If the Local Hearing Officer concludes that an infraction has been committed,the Local Hearing Officer will uphold the infraction,and you will be responsible for payment of a$158.00 fine as well as additional administrative fees and costs not to exceed$250.00 as imposed by the Local Hearing Officer. SUBMISSION OF AFFIDAVIT:You may download an affidavit at www.Violationlnfo.com.As the registered owner of the vehicle,you are deemed responsible for the violation and the payment of a $158.00 penalty unless, in compliance with Florida Statute § 316.0083(1)(d)1.a-d, you establish by a sworn affidavit that a statutory exemption applies. The exemptions are that the motor vehicle:(a)passed through the intersection in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession; (b)passed through the intersection at the direction of a law enforcement officer, (c)was,at the time of the violation,in the care,custody,or control of another person;or(d)a Uniform Traffic Citation ("UTC")was issued by a law enforcement officer to the driver of the motor vehicle for the violation of Florida Statutes §§ 316.074(1) and 316.075(1)(c)1 stated in this Notice.The affidavit must be sworn before a notary public or other person authorized to administer oaths. If you assert that the vehicle was in the care,custody,or control of another person, you must provide the name, address, date of birth, and, if known, the driver's license number of the person who leased, rented, or otherwise had care, custody,or control of the vehicle at the time of the violation. If the vehicle was stolen,then the affidavit must include a copy of a police report showing the vehicle to have been stolen. If you assert that a UTC was issued by a law enforcement officer for the violation of Florida Statutes§§ 316.074(1)and 316.075(1)(c)1 stated in this Notice,then you must include the serial number of the UTC.For faster processing,you may, but are not required to,include a copy of the UTC. If your affidavit complies with the requirements of Florida Statute§ 316.0083,then no further action will be taken against you. The submission of a false affidavit is a misdemeanor of the second degree,punishable under Florida Statute§775.082 or§775.083 by a term of imprisonment not to exceed sixty(60)days and/or a fine not to exceed$500.00.If submitting an affidavit,it must be postmarked on or before the due date specified on the front page of this Notice in order to be appropriately processed.The affidavit should be mailed to City of Boynton Beach,c/o Intersection Safety Program,PO Box 22091,Tempe,AZ 85285-2091. Do not send payment or affidavit to the Clerk of the Court. If you fail to respond as outlined above,postmarked by the due date,a UTC will be issued to you. Upon issuance of a UTC,you shall have the remedies specified in Florida Statutes§§316.0083 and 318.14,which include(a)the right to pay the civil penalty in the amount of$264.00; (b)the right to submit an affidavit;or(c)the right to have a hearing before a designated official, who shall determine whether an infraction has been committed. If the official concludes that no infraction has been committed, the UTC will be dismissed and no costs or penalties shall be imposed.If the official concludes an infraction has been committed,the official will uphold the UTC and may impose an additional civil penalty not to exceed$500.00 and court fees and costs.Failure to pay,submit an affidavit,or request a hearing on the UTC could result in your driving privileges being suspended. VIEW YOUR IMAGES AND VIDEO EVIDENCE FOR THIS INFRACTION:The recorded images and video of your violation will be submitted as evidence for the disposition of this violation.You may view your images and video online at www.Violationlnfo.com.You will need your Notice#and PIN printed on the front of this Notice inside the red box. If you do not have intemet access,you may view your video and images at any public library. QUESTIONS:If you have any questions,please contact Customer Service toll free at 1-866-225-8875. (You must be the registered owner of the vehicle to discuss this violation with Customer Service.) PAYMENT INSTRUCTIONS ONLINE PAYMENT:The fastest and easiest way to pay your$158.00 penalty is online.Go to www.Violationlnfo.com and log on with your Notice#and PIN shown in the red box on the front of this notice.Click the Pay button.There is a convenience I service fee for this service. PAYMENT BY PHONE:Call toll free 1-866-225-8875 available 24 hours a day,7 days a week.There is a convenience/service fee for this service. PAYMENT BY MAIL:Mail your check or money order(payable to City of Boynton Beach)in the enclosed envelope with the coupon printed at the bottom of the reverse side of this Notice.PLEASE DO NOT MAIL CASH.Be sure to put the Notice#(see reverse)on the face of your payment.Payment must be postmarked on or before the due date. PAYMENT IN PERSON:No walk-in payments will be accepted. HEARING REQUEST FORM To request a hearing on the above referenced Notice pursuant to Florida Statute§316.0083,please submit the signed and dated coupon below in the envelope provided.The petitioner understands they will be notified of the date,time and location of the hearing.The Local Hearing Officer shall issue a final administrative order.If the Notice of Violation is upheld, the petitioner will be required to pay$158.00 and may also be required to pay county or municipal costs,not to exceed$250.00. NOTE:Per Florida Statute,you may cancel your appearance before the local hearing officer by paying the$158.00 penalty assessed,plus$50 in administrative costs,before the start of the hearing.The • amount due will be$208.00. • Detach here and return bottom portion as a request for an Administrative Hearing before a Local Hearing Officer. 1851600095785 I submit this form as a request to contest this Notice of Violation and acknowledge that it must be postmarked by the due date of this Notice to be a valid request.I understand that I must attend this 11 11 01 11111 hearing in person,unless represented by counsel appearing in person on my behalf. Please sign and print name using blue or black ink. Signature: Printed Name: Phone Number: City of Boynton Beach Violations Processing Center Tracking Number Florida Uniform Traffic PO Box 22091 9207190112892517128614 Citation Tempe,AZ 85285-2091 Customer Service#1-866-224-2354 NOTICE#: 1851600095785 PAYMENTS AND HEARING REQUESTS NOT ACCEPTED AT THIS ADDRESS PIN: 1106 View your video online at: www.Violationlnfo.com IIIIIII III I IIIIIEllhII hI IIII II I IIIII IIII 0 JARRET EVAN ORENBUCH Amount Due: $264.00 113 BRITTANY C Due Date: 07/27/2016 DELRAY BEACH, FL 33446 ISSUE DATE:06/27/2016 FINE AMOUNT:$264.00 Location:EB WWOOLBRIGHT RD @ SW 8TH ST/CORPORATE DR Violation Date and Time:3/23/2016 12:06:01PM AIKVSJE Vehicle License Number:EDJGO9 FL FLORIDA UNIFORM TRAFFIC CITATION Important instructions to individuals charged with a non criminal traffic COUNTY OF 0 (1)F.H.P. • (2)P.D. o (3)S.O. o (4)OTHER infraction. You have been issued a Uniform Traffic Citation for a violation of PALM BEACH State Statute code 547-Red-Light Camera, Section, 316.075(1)(c)1 failure to CITY(IF APPLICABLE) AGENCY NAME: City of Boynton Beach stop at a red traffic signal pursuant to F.S. 316.0083 of the Florida State Statutes. You are required to comply with one of the options listed below. If BOYNTON BEACH AGENCY#: 34 you fail to comply with one of the options by the date listed your driving IN THE COURT DESIGNATED BELOW THE UNDERSIGNED CERTIFIES THAT privilege may be suspended until you comply and you may incur additional HE/SHE HAS JUST AND REASONABLE GROUNDS TO BELIEVE AND DOES SUMMONS cost associated with non-compliance. BELIEVE THAT ON: (VIOLATOR'S COPY) DAY?F WEEK MONTH DAY YEAR 13 A.M. Wednesday Mar 23 zots 12:06:01 • PM DIRECTIONS TO RESOLVE THIS CITATION NAME(PRINT) FIRST MIDDLE LAST OPTIONS:MARK ONLY ONE JARRET EVAN ORENBUCH STREET IF DIFFERENT THAN DRIVERS LICENSE,"X"HERE 0 Option A:MAKE A PAYMENT 113 BRITTANY C —11,.. • PAYMENT BY MAIL $264.00 must be received by 07/27/2016 payable by CITY STATE ZIP CODE check or money order directly to the Clerk of the Court. Sign and mail this DELRAY BEACH FL 33446 original Citation with your payment. Please keep a copy for your records. TELEPHONE NUMBER DATE OF MO DAY YR -RACE .SEX HGT MAILING ADDRESS FOR THE CLERK OF COURT: Palm Beach County BIRTH Clerk of the Court, P.O. Box 3544, West Palm Beach, FL 33402. DO NOT May 6 1988 M MAIL CASH. DRIVER STATE CLASS CDL LICENSE YR.LICENSE EXP. COMMERCIAL VEHICLE • PAYMENT IN PERSON $264.00 may be paid in person at Clerk of the LICENSE Court, 205 North Dixie Highway, West Palm Beach, FL 33401, or check the NUMBER FL E YES❑NO❑ YES 0 NO IN Clerk of Courts website for other locations on or before 07/27/2016. Include this original Citation with your payment.Please keep a copy for your records. YR.VEHICLE MAKE STYLE COLOR PLACARDED HAZARDOUS MATERIAL 2014 CHEV 4D DBL YES 9 NO ❑ •PAYMENT ONLINE http:/lwww.mvpalmbeachclerk.com VEHICLE LICENSE NO. TRAILER TAG NO. STATE YEAR TAG EXPIRES 216 PASSENGERS D Option B: REQUEST A HEARING To challenge this Citation, request a court EDJGO9 FL 20170506 YES❑NO ❑ hearing prior to 07/27/2016. Sign and mail this original Citation to the Palm UPON A PUBLIC STREET OR HIGHWAY,OR OTHER LOCATION,NAMELY MOTORCYCLE Beach County Clerk of the Court, P.O. Box 3544, West Palm Beach, FL 33402. EB W WOOLBRIOHT RD @ SW 8TH ST/CORPORATE DR YES❑NO ❑ Please keep a copy for your records. If the official determines no infraction COMPANION CITATION NUMBER(S) has been committed, no costs or penalties shall be imposed and any costs or penalties which have been paid shall be returned in accordance with Florida Statute § 318.20. IF THIS BOX IS NOT CHECKED, A HEARING WILL NOT ❑ ❑ 0 0 BE SCHEDULED. THE COURT WILL SCHEDULE YOUR HEARING AND FT MILES N S E W OF NODE NOTIFY YOU OF THE DATE,TIME AND LOCATION. DID UNLAWFULLY COMMIT THE FOLLOWING OFFENSE: VIOLATION OF STATE STATUTES§§316.075(1)(c(1 end 316.074(1)FAILURE TO STOP AT A RED TRAFFIC SIGNAL PURSUANT TO 0 Option C: AFFIDAVIT If you are the registered owner of the vehicle, you F.S.§316.0083 are deemed responsible for the penalty unless, in compliance with Florida Statute § 316.0083(1)(d)(1)-(4), you establish by a notarized affidavit that a statutory exemption applies. Please visit and log into www.Violationlnfo.com to obtain an affidavit. SIGNATURE OF VIOLATOR DATE i,. M., "V' _ �.,>_ OFC.ANTHONY PETRIELLO 072 I. I, a, —� I ' ,— — I j 4 n - _� I TROOPER/OFFICER NAME&RANK BADGE NUMBER """ 31=""k - SIGNATURE OF OFFICER ID NUMBER P VIEW YOUR IMAGES AND VIDEO EVIDENCE OBTAINED FOR THIS CASE: The :/' : i recorded images and video of your violation will be submitted as evidence I for the disposition of this violation. You have the right to examine and —' '—`——J observe your images and video online at www.Violationlnfo.com. You will need your Notice # and PIN printed on the top of this Citation inside the red box. If you do not have Internet access, you have the right to examine and observe your video and images at the local library. , ■Ir"t, City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach, FL 33425 HEARING REQUEST Document Number: 1851600095785 Date Created: 6/14/2016 3:43:55 PM Received On.6/142016 NO ACTION By:CBARBITO SBEDONIE-6/152016 Jun. 14. 2016 4:31PM AAA No. 3014 P. 1 • Your veletde was cbsorved b'•1!)afiR ben°lion rletoder faning•jo'yamply with a steady red NIA stool,in violation of Florida Statutes§§318.0083,btae74(r)end 916.0Y8(1Xo)1, at the Interaecuen,date,end>time ateted'on Iho,front pager'a(thilvtiolice of Violation('Nati®').This is a non-Oeiminel Infraction of stale law.No point.4,4 be assessed end thio infraction may not be used e,7.0t mlO'.vetide three eerie ret.s: • :' q • ThIS Ndtice hes been Issued by the City of Boydtop Beach. You hava the following three options: r a)Pate this violation In the amount 0'5159.00 on er before the dye dale apedfied on the front aphis Notice;or b)Submit an affidavit by following the i edberglono below;or • c)Request a treating fry signing and mailing the roan below.You will be nailed by letter of bre lime,bcallmr and data of the hearing.If you request a beatalgand the Local Hearing Officer condudee that no infraction hes been tmrmxlfed,this Notice ode be dismissed and no costa or peaaNee shall he Imposed If the Laval bating Otder,bondudes therm, Infraolon has been committed,the Lionel Hearing orilner wi uphold the Infraction,and you will be responsible for payment of a$156.00 Tare as well et addnniorat odmipfebetwe fees and coats not to exceed 5250.00 ae imposed by the Local Homing Offioat. . .• . SUBMISSION OF AFFIDAVIT:You may download an affidavit al www.VieldeonlnftOnm.As the registered owner of the vehicle,you are deemed reegons,3ia ret me Violation and the payment 0f a$156.DO penaltyunieus,in pcmptianoe with Florida Statute§318A083(1)(d)1.a.d,you establish by a swam'e'tndevit that a etohetdry exeinpuon'applies.the mtempiiona ere that the motor vrhlefai(a)p6s90d'lhroughkha intersection In order Is yield the right-of--wry la an emefgensy vehlffe Of as'pail 0(a.ftrneral procession;(y)peened through the intersection et the direCliote of a lair/enforcement officer,(c)was,at the time of the violation,In the care,custody,or'oonhm or angther•pereon;or(d)a Uniform Traffic Citation("UTC")was issued bye Iaw.eufolcornoN officer to the doter of the motor vehicle for the violation of Florida Statutes yg 315.07411)end 316.076(1)(c)1 elated in thin Nonce.The affidavit must be swam before a,notary public Cr other person eulhoriyed to adeelnfeter°sibs_Ir you eased that the vehlde wet In the ram,custody,Of 005trol of another person,you must provide.pre name,address,dete•of birth,enol,6 Known,the dowers license number of the porton who leased,ranted,or otherwise had care, watody,or control of the Vehicle'at the time et Ihdvmlelldn.If the vehlde was Olen,;ren the ettidavit mini Indyde a copy ore police report ohewtng the vehicle to have been *Men.if you assert that e UTG was issued by a law erderyennent ditcer far the vldallore Or Honda Slannteu§§318.074(1)and 916.075(1)(c)1 elated In thie Notice,then you moat include the aerial number of the UM.-For faster procasuing,you May,but ere net required to,include a copy of the UTC.If your affidavit complies with the requirements of Florida Statute§316.0083,'then no fUNter adios Vail he taken agabtst you.The submission of a false affidavit Is a misdemeanor of the encored degree,punteheble under Florida Statute§775.082 or§7T5.(183 bye term of lmprlonment sol to ekceed ehcly(SO)days andlor a Erie not to exceed 3500.00.If SabreMirt en a01dav14 It must be postmarked on or before the due dale spectted.oe tine front page of this Nate it older to be approprlatey processed.The aftaatlt uheufd be mailed to City of boyMon Beach,c/o Intersection Safely Program,PO Banc 22091,Temps,A205265-2001. Do not send payment or affidavit to the Clerk of the Court, ' If you tail to respond SM canned above,postmarked cy the due date,a UTC will be issued to you.Upon Marrnrece of a UTC,you shell have the remudlee energise in Florida Statutes§§316.0063 end 315.14,which include(a)the right to pay the dv0 parraty In lire amount of$264.00•(b)the rigid to submitan aftidavlb or(c)this right to have a hearing beansa designated oltmal,who shall determine whether an infraction has been committed.If the Officialctdee that no infraction hes been comrd0ed,the UTC will be dismissed and no fasten penal0os teal be imposed.If the elldel concludes an infraction has been committed,the official will uphold ti»UTC and may impose an additional clv8 penally Dal to oocead$500.00 and mud fees and a Ls.rehire to pay,submit an affidavit,or requesta hearing on the UTC could result In your driving privileges being ruspended. VIEW YOUR IMAO,s AND VIDEO EVIDENCE FOB THIS INFRACTION:The recorded images and video of your vioteSen raft be Submitted es evidence for the disposition of(tits violation,Yoµthay New your'mages end vldeo online at wV.W.Violtielt)nfo.Oam.You Wig need your Notice N end PIN printed en the front of this Netlue Inside the red box If yea do not have h))olpel access,you may view your video and helloed any public Ibrery. •;r:4)`• QUESTIONS:If you hate any questions.please contest Customer Service tit free at 1-8134-225-6675. • (You must be the registered owner of the vehicle to dieeeun this violation with Customer Service.) • PAYMENT INSTRUCTIONS ONLINE PAYMENT:The Fastest end easiest way to pay your$158,00 penalty Is onlind,Go to www.Vdoladwnlnfc.00m and tog on WlIh your Notice if end PIN shovel In the roil Scot •on thelrerd of(his notice,Click the Pay bullom.There is a convenience/amine fen for(hie service. PAYMENT BY PHONE:Call toil free 1-ecc-225.ee75 available 24 Routs a day,7 days a Week.There Is a convenience/service fee for this s&viOe. PAltriENT By MAIL:Mai perched(Of money order(payable to City of Boynton Beach)in Ma enclosed envelope wih The coupon printed al the bottom of the revere%aide of 1143 Nolydy,PLEASE DC NOT MAIL CASH.Be Bum to pfd 616 Notice (tree reverse)on the base of your payment.Payment must be postmarked on or before the due date. PAYM,f NT IN PERSON:No waONn payments will be accepted. • • HEARING REQUEST FORM To request a hearing on the above referenced Notice pursuant lo Florida Statute§316.0063,please submit the atoned and dated coupon below in the amlope provided,The petitioner ,undertapds•they Will be notified of'ha data,time end location of the healing.The Local Heating Officer shag issue afetal admlmstraldve order.If the Notice of Violation is upheld, the petitioner wdl Ser7'ee@pp°+rrr��d to pay$105.00 and aeayels0 be required to pay county or municipal costs,not la osiceed$240.00.NOTE:Per Florida Statute,you may cancel your appeatahhg'befdre the local hearing officer try paying the Slic eD penalty assessed;phis tine In edmintstrallve conte,before the start of the hearing.The amount due WHOM • /MM.. ' • Detain here and return bottom porton as a request for an Administrative Hearing before a Local Hearing Officer. • • 185160O6i5785 • • vAWte• . rim• . 1$4 mit this formas a request to contest this Notice of Violation and acknowledge that ft must be 0prypt/talked by the due date of this Notice to be a vend request_I urndervtnnd that I must attend this cheating in person,unleea represented by counsel appearing In person on my bahaff. MINS a, Please alga and1 print name Unlling blue or black Ink. • ' Signatunie4 lel Gl —J - _ • etE�' Printed Name; . L"-' / ( O1 r f f�'fJl/( • • y bhohe Number. - 1 8. b 70 379(� ��, ,T� 12/14/2016 9:08:57 AM Page 1 of 4 City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach, FL 33425 HEARING REQUEST Document Number: 1851600095785 Date Created: 6/14/2016 3:43:55 PM Received On:6/142016 NOACTION ey:COAREITO 56800NIE-6/152016 Jun. 14. 2016 4:32PM AAA No. 3014 P. 2 FLORIDA JURAT FS 117.05 •.a:vc.6:i.1!'.'-. •w..V.•:.c..e.wrt«z. R.n':.;,...x.w...s.n1y vsT.�ne�,c.6.arrt.*.n. ....er•..�._�.'u:eta... State of Florida County WO)\N\ U r.o(h Sworn} )a'to (or affirmed) and subscribed before me this I -1-11'day of TUN 1, 101C9 Day Month Year by J (,IV 'dt OrtNbuch Name of Person Swearing or Affirming nl ( 4YlO�n�� 5Ig tore of Notary Public .State of ride 06 I,,,,,, PknC e 0 u M OY 1 Qr t i_ s•00 " % ANGELA r �. S.MonlARTY Name of Notary Typed,Printed or Stamped c Notary Public•Stele of nett& 1 I moi' My Comm. lm.Explro6_AlJul2,2017 0 personally Known '�'€,y `' commission a FF 32798 Lroduoed Identification Type of Identification Produced: { Place Notary Seal Stamp Above FL 1! L 1 CC N}C' OPTIONAL Though this section is optional,completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document • Title or Type of Document: ' i• \/- ■N 0 A i 0? - ■ a * t0 CSN be Nee ff�� Document Date: U — 1+ - !le j�Number of Pages: Signer(s)Other Than Named Above:_ r S{.vrc.J,S;%"w~�FVL\bG{V. 4:-�V7`•.VS{{/'H6�Y.h:U1�UG'P//j:.v�Gei:VP•VK'/.K✓tel/•{�/P�':SVS•175{L,ri♦Y,G\N,/,`..tt'dS�ISGIRMN<F!SG�\::? 0 2015 National Notary Association•www.NationalNotary.org 61.600-US NOTARY(1-80D-876-8827) Item#5166 IS-VPS 12/14/2016 9:08:57 AM Page 2 of 4 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 HEARING REQUEST Document Number: 1851600095785 Date Created: 6/14/2016 3:43:55 PM Received On:6/14/2016 NOACTION By:CBARBITO SBEDONIE-6/15/2016 Jun. 14. 2016 4:32PM AAA No. 3014 P. 3 REQUEST FOR LOCAL IIEARINQ-RED LIGHT'VIOLATION Mail,Fax or Email the COMPLETED Form to: Florida Hearing Request P.O.Box 22091 Tempe,AZ 85285-2091 Fax:480-990-4819 Email:iufoqt)violationinfo.com DrlverLVehlgle Owner and Notice o Violation In ormation OI To be roW ed b re uestar Date: C oL O I(. • Name rlyvetorrrio,e): c,.rY`e.l Q R/el 1 uc)-- . Mailing Address: (13 r1T7A/i / C C._ p_44 zc-Aca-r flovi Cit SD.e.ka/ ' 'c ccl-I _ State: F-1-- Zip: 33 0/4 Telephone Number: 90s- 6 70I E7 g Fax: E-mail: s -re.+ Ore-hb -k() C OL >CO fvl NOV Number: Ot7eVe3; ie. /600n9s 7g5 NOV Date: 11 JI B/16 Tag Number: a�c 0 ° Driver License Number Agency/Issuing Authority:A/D ?d\CC e '>pT 3.y A T"o'^ Reee (ii) Issuing Officer/Agent Name: W ' �1 O� FV7 (GE12- Badge#: Local Court or_tjearine O()"icer Informarlon To be rovided b local auahorig Local Court or Hearing Officer: Address: City: State: Zip: • POC Telephone Number: Fax: THIS PAGE OF THE DOCUMENT MUST BE INCLUDED WITH THE AFFIDAVIT ON THE NEXT PAGEI • is-, I. 12/14/2016 9:08:57 AM Page 3 of 4 City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach, FL 33425 HEARING REQUEST Document Number: 1851600095785 Date Created: 6/14/2016 3:43:55 PM Received On.6/142616 NO ACTION By:CBARBITO SBEDONIE-6/152616 • Jun, 14. 2016 4:33PM AAA No. 3014 P. 4 Affidavit Requesting Hearing and Forfeiting Ability to Contest Delivery 1 --1_ N-trr el- ....at t N 13 U CF'i hereby request a formal hearing (NAME) c� before a hearing officer in the county of 74 L A l�6A 0-1 .I understand that I must submit ' (COUNTY) this request to the clerk for the assigned local hearing officer within 60 days from the date posted on the Notice of Violation(NOV).I understand that by filing a request for this hearing,I waive my ability to contest the delivery of the NOV as set forth in F.S.S.316,083(e)and(d).I understand that I have the option to reschedule a hearing once by notifying the appropriate clerk for the local hearing officer in writing at least 5 days prior to the scheduled hearing.I understand that if I do not reschedule my hearing and I fail to appear for this hearing that I will be adjudicated guilty and I am responsible for all fines and/or fees and that a vehicle registration stop will be placed on my record.I also understand that if the NOV is affirmed by the court and/or local hearing officer,that I am responsible for the payment of the original penalty plus up to 5250.00 in local fees as set forth in F.S.S.316.083(5).I attest that I fully understand the stipulations of these lawsand the associated penalties. Sworn by me on and affirmed by 6- 1Y - 16 (DATE) Printed Name: c•V✓re' 1 0 C Re uG// Signature of Requestorak410---• A/ Date Signed: 6.-. 1q-I4 his-vps 12/14/2016 9:08:57 AM Page 4 of 4 City of Boynton Beach - G 'Po 100 E.Boynton Beach Blvd. 434rr o Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Al KVSJE Docket Number: Document Number: 1851600095785 Document Information: Violation Information: Document Type: VIOLATION DATA REPORT Violation Date/Time: 3/23/2016 12:06:01 PM Version: v 1.0 Violation Location: EB W WOOLBRIGHT RD @ SW 8TH ST/CORPORATE DR BOYNTON BEACH, FL Issue Date: 06/27/2016 Plate No./State: EDJG09 FL Appearance Date: 07/27/2016 Make/Model/Year:: CHEV/CRUZE/2014 Registered Owner: JARRET EVAN ORENBUCH Name/Address 113 BRITTANY C DELRAY BEACH, FL 33446 Driver: JARRET EVAN ORENBUCH Name/Address 113 BRITTANY C DELRAY BEACH, FL 33446 State Exhibit: ;��' ALIc. 'Byes' 12/14/2016 9:08AM Page 1 of 5 • City of Boynton Beach ,(L. • Polio n 100 E.Boynton Beach Blvd. tt- Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Al KVSJE Docket Number: Document Number: 1851600095785 Gate iiie Liei, SP.4.d Flom. Aril Rtdi Fix inx Fraae Lent C3123i201e 12 06'00.6 P11 NE 051 t 04.9 000,4 RI -•-•- 117:11A 2 5914- 4 09Sttiti4Hi R9 t 141 MI $1,492R4SA'E SR 011,11111 _ y � Ln 4 i 'kms iit '''''''' ''''': :'1'''''' ur •fY,Mi _ - _ - I i •a ,• - - - r(r}fig r 1• State Exhibit: :- 7axsisvPs- 12/14/2016 9:08AM Page 2 of 5 City of Boynton Beach .40,1 100 E.Boynton Beach Blvd. q'.°, 'i" Boynton Beach,FL 33425 .C„' Violation Evidence Report Complaint Number: Al KVSJE Docket Number: Document Number: 1851600095785 alt 'Usu. Jou SPH ?hall Aab1 1141 Fix Int Frari Lara 13/23/4016 12106(61,1 PII 340 051 R 01.5 000.5 F11 047s1s C171135 2 .E11-ED Y WOOtatIGOT RD?: S1 811 ST/GORPERIT_ Dl wY4r- _. - -.~ ._ 1, _ V A� ! fir pill - _ -:dx•�� -_#TPS ' ,�'� • ittli / .fp�.yy1 - - r= 1 State Exhibit: T3axsisvPs— 12/14/2016 9:08AM Page 3 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach,FL 33425 tea. Violation Evidence Report Complaint Number: Al KVSJE Docket Number: Document Number: 1851600095785 r. �`� a .. _ L v P • t State Exhibit: `7 :svps- 12/14/2016 9:08AM Page 4 of 5 City of Boynton Beach ,#, +,,, 100 E.Boynton Beach Blvd. N4"9.: Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Al KVSJE Docket Number: Document Number: 1851600095785 NOTES Note Added By Added Date Hearing Scheduled ON: 12/22/2016 AT 09:00 AM GMILLS 11/29/2016 01:55:40 PM Hearing OR Appeal performed ON: 11/17/2016 BY:JAMES D. STOKES WITH disposition OF: GMILLS 11/29/2016 01:55:18 PM RESCHEDULED Defendant Reason: RESCHEDULED Hearing OR Appeal performed ON: 11/17/2016 BY:JAMES D. STOKES WITH disposition OF: UPHELD AVERRIGNI 11/17/2016 09:12:21 AM Defendant Reason: NO ACTION NEEDED Hearing Scheduled ON: 11/17/2016 AT 09:00 AM GHOLA 07/07/2016 12:27:51 PM UTC GENERATED ADMINUSER 06/24/2016 11:14:08 AM STOP PAYMENT RECORD CREATED ADMINUSER 06/24/2016 09:41:32 AM Hearing performed ON:06/22/2016 BY:OFC.ANTHONY PETRIELLO WITH disposition OF:ACCEPT APETRIELLO 06/23/2016 11:13:59 AM Defendant Reason:ADMINISTRATIVE DECISION ACTION-NO ACTION; RECEIVED HEARING FORM. SENT TO CSS SBEDONIE 06/15/2016 08:27:20 AM PENDING FURTHER ACTION CBARBITO 06/14/2016 03:43:55 PM RECEIVED FAX ON 06-14-2016/INCLUDED SIGNED HEARING REQUEST, HEARING FORMS, VSANCHEZ 06/14/2016 01:34:31 PM URGENT. State Exhibit: VPS- 12/14/2016 9:08AM Page 5 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach,FL 33425 Camera Log Report Complaint#: Al KVSJE Document#: 1851600095785 • Location: BB18 - EB W WOOLBRIGHT RD @ SW 8TH ST/CORPORATE DR Event Date/Time Status Deployment Start 3/23/2016 12:00:16AM Operational Tests Passed Violation 3/23/2016 12:06:01 PM Deployment End 3/24/2016 12:00:15AM Operational Tests Passed El Signs were Posted State Exhibit eN��cs:svPs 12/14/2016 9:09AM Page 1 of 1 ATS SYSTEM LOG REPORT I,Jonathan Crabb,do hereby swear that: 1. I am employed by American Traffic Solutions("ATS"). 2. I am of sound mind,capable of making this certification,over the age of 18,and execute this certification based upon my own personal knowledge of ATS's business and the method by which ATS created,transmitted,and stored the information contained in the ATS System Log Report. 3. I,am the duly authorized custodian of the ATS System Log Report,and in such capacity,I have authority to certify the ATS System Log Report is a true and correct copy of an original record maintained by ATS. 4. The ATS System Log Report referenced below is a copy of a business record which was made automatically by the Axsis Violation Processing System,at or near the time of the self-test of the automatic red light enforcement system. 5. I certify that the testing that was conducted and is contained in the ATS System Log Report is a regular practice in the course of ATS's regularly conducted business activities and is kept in the ordinary course of ATS's regularly conducted business activities. I DECLARE UNDER PENALTY OF PERJURY IN THE STATE OF FLORIDA THAT THE AFOREMENTIONED INFORMATION IS TRUE AND CORRECT. Jonathan Crabb ATS System Log Report 03/23/2016 Location:BB 18-EB W WOOLBRIGHT RD @ SW 8TH ST/CORPORATE DR Date: 03/23/2016 Event Time Status Automated Self-Test 12:00:16 AM All Tests Passed oK FOLI PO Box 22091 • �w t Tempe,AZ 85285-2091 ° I1 � soca Y IIIIIIIIIIIIIJ III 11111 IIIIII 10 1[1111 DATE: 11/29/2016 JARRET EVAN ORENBUCH 113 BRITTANY C PLATE: FL EDJGO9 DELRAY BEACH, FL 33446 RE: Notice of Violation: 1851600095785 Version# : 1 ADMINISTRATIVE HEARING NOTIFICATION LETTER The hearing date for the above mentioned Notice of Violation ("Notice") has been scheduled for: Thursday, December 22, 2016 at 9:00 AM City of Boynton Beach City Hall Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 You may reschedule this hearing once by submitting a written request to the designated clerk to the Local Hearing Officer at the hearing location address above. Your written request to reschedule must be received by the clerk to the Local Hearing Officer at least five (5) calendar days before the day of the originally scheduled hearing. If you have already rescheduled your hearing you may not reschedule it again. If you are receiving a new Administrative Hearing Notification Letter please review the Date, Time and Location of your hearing as one or all of them may have been updated with new information. Please disregard the earlier Administrative Hearing Notification Letter and use only the information provided on the last notification received. You may cancel your appearance before the Local Hearing Officer by paying the civil penalty of$158.00 assessed, plus $50.00 in administrative costs, before the scheduled hearing time. To make a payment online please go to www.Violationlnfo.com or to make a payment by phone call 1-866-790-4111. There may be a convenience/service fee for this service. If you choose not to appear, you waive the right to contest this violation and must pay the civil penalty of$158.00, plus administrative costs up to$250.00. • cK roar�� PO Box 22091 • �4 Mb, Tempe,AZ 85285-2091 F Z � p J • III I II I I I I I II I II III II IIII 111111111 DATE: 07/07/2016 JARRET EVAN ORENBUCH 113 BRITTANY C PLATE: FL EDJGO9 DELRAY BEACH, FL 33446 RE: Notice of Violation: 1851600095785 Version# : 1 ADMINISTRATIVE HEARING NOTIFICATION LETTER The hearing date for the above mentioned Notice of Violation ("Notice") has been scheduled for: Thursday, November 17, 2016 at 9:00 AM City of Boynton Beach City Hall Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 You may reschedule this hearing once by submitting a written request to the designated clerk to the Local Hearing Officer at the hearing location address above. Your written request to reschedule must be received by the clerk to the Local Hearing Officer at least five (5) calendar days before the day of the originally scheduled hearing. If you have already rescheduled your hearing you may not reschedule it again. If you are receiving a new Administrative Hearing Notification Letter please review the Date, Time and Location of your hearing as one or all of them may have been updated with new information. Please disregard the earlier Administrative Hearing Notification Letter and use only the information provided on the last notification received. You may cancel your appearance before the Local Hearing Officer by paying the civil penalty of$158.00 assessed, plus $50.00 in administrative costs, before the scheduled hearing time. To make a payment online please go to www.Violationlnfo.com or to make a payment by phone call 1-866-790-4111. There may be a convenience/service fee for this service. If you choose not to appear, you waive the right to contest this violation and must pay the civil penalty of$158.00, plus administrative costs up to$250.00. • µPOLfL. City of Boynton Beach • aF'` 6°f, Intersection Safety Program Zs P0 Box 22091 .ay Tempe,AZ 85285-2091 \Ol° FINAL ADMINISTRATIVE ORDER VIOLATION UPHELD JARRET EVAN ORENBUCH 113 BRITTANY C DELRAY BEACH,FL 33446 HEARING INFORMATION HEARING DATE: 06/22/2016 DEFENDANT INFORMATION HEARING TIME: 9:00 AM HEARING City of Boynton Beach NAME: JARRET EVAN ORENBUCH LOCATION: 100 E. Boynton Beach Blvd. ADDRESS: 113 BRITTANY C Boynton Beach, FL 33425 DELRAY BEACH, FL 33446 DETERMINATION: VIOLATION UPHELD REASON: ADMINISTRATIVE DECISION LICENSE PLATE: EDJGO9 STATE: FL AMOUNT DUE: $158.00 NOTICE#: 1851600095785 DUE DATE: 06/23/2016 PIN: 1106 This order is final and rendered on 06/22/2016. SIGNED:/S/OFC.ANTHONY PETRIELLO of City of Boynton Beach. After hearing on the above-referenced Notice of Violation ("Notice") pursuant to Florida Statute § 316.0083, and after a determination that there was substantial competent evidence to support a violation of Florida Statute § 316.074(1) or § 316.075(1)(c)1 in the above-referenced case, the Local Hearing Officer has UPHELD your violation.You are hereby required to pay the total amount due by the due date listed on this Final Administrative Order. If you fail to pay the full amount in accordance with the terms of this Final Administrative Order by 06/23/2016, or fail to comply with the terms and conditions of an approved payment plan, the Department of Highway Safety and Motor Vehicles will place a hold on the issuance of a license plate or revalidation sticker for any motor vehicle owned or co-owned by you pursuant to Florida Statute§320.03(8)until the amounts assessed have been fully paid. You may appeal this Final Administrative Order pursuant to Florida Statute§162.11. 3 Ways to Pay ONLINE PAYMENT: The fastest and easiest way to pay the amount due is to pay online. Go to www.Violationlnfo.com and log on with your Notice # and PIN shown in the box at the top.Click the Pay button.There is a convenience/service fee for this service. PAYMENT BY PHONE:Call toll free 1-866-790-4111 24 hours a day,7 days a week.There is a convenience/service fee for this service. PAYMENT BY MAIL: Mail your check or money order (payable to City of Boynton Beach) with the coupon printed at the bottom. DO NOT MAIL CASH. Be sure to put the Notice#on the face of your payment. CUSTOMER SERVICE:If you have any questions,please call Customer Service at 1-866-790-4111 between 8:00 AM-5:00 PM EST. Pay with your Visa or MasterCard at www.Violationlnfo.com or mail your check or money order with this coupon to the address below. EMMEN Po, vim 1 NAME: JARRET EVAN ORENBUCH DUE: 06/23/2016 e f—� 1851600095785 06/22/2016 ..-.-.4 NOTICE#: ISSUED: Od�.i' aY Y'/ PLATE: EDJGO9 STATE: FL TYPE: • Make your check or money order payable to the City of Boynton Beach. • • DO NOT MAIL CASH. City of Boynton Beach Payment Processing Center • Write the Notice#on the front of your payment. PO Box 742527 • Mail this tear-off coupon along with your payment. Cincinnati,OH 45274-2527 AMOUNTDUE:$158.00 5 1851600095785 000015145995 158007 t Cp c, City of Boynton Beach �,, Intersection Safety Program t` gPO Box 22091 :ay'" Tempe,AZ 85285-2091 ;o JARRET EVAN ORENBUCH 113 BRITTANY C DELRAY BEACH,FL 33446 HEARING INFORMATION HEARING DATE: 11/17/2016 DEFENDANT INFORMATION HEARING TIME: 9:00 AM HEARING City of Boynton Beach NAME: JARRET EVAN ORENBUCH LOCATION: City Hall Commission Chambers ADDRESS: 113 BRITTANY C 100 E. Boynton Beach Blvd. DELRAY BEACH, FL 33446 Boynton Beach, FL 33425 DETERMINATION: RESCHEDULED REASON: RESCHEDULED LICENSE PLATE: EDJGO9 STATE: FL AMOUNT DUE: $208.00 NOTICE#: 1851600095785 , PIN: 1106 This order is final and rendered on 11/17/2016. SIGNED:/S/JAMES D.STOKES of City of Boynton Beach. City of Boynton Beach CITY BOYNTON Try ^p POLIO CIT` OF BOYN ! ON BEACH • �rwc` ��F Intersection Safety Program ��7p PO Box 22091 NOTICE OF VIOLATION a Tempe,AZ 85285-2091 9�:, goy \IN, NOTICE#: 1851600095777 PIN: 9654 View your video and pay with your Visa or \CJ MasterCard at www.Violationlnfo.com Amount Due: $158.00 1111111111111111101111111111111111111111111111101110111 0 �(7 Due Date: 06/17/2016 JARRET EVAN ORENBUCH , .,. YN 113 BRITTANY C DELRAY BEACH, FL 33446 `, ON/(Date) AT TIME AT LOCATION COUNTY 03/23/2016 12:05 PM EB W WOOLBRIGHT RD @ S CONGRESS AVE PALM BEACH DATE TIME AMBER SPLID PEASE A0216 wry nv z 03/23/2016 1.2,0503.7 x 5,0 104 A 000'2 3 A 2311-P3 N 300IRAIGPT 2D 2 3=GAM AVE NAME w _ ' . "14. PI"k-"'"'.'+,0* •••-‘1,I,1 I JARRET EVAN ORENBUCH -if '*SLC=-. •i."t a STREET ADDRESS s' *� 113 BRITTANY C ° - CITY STATE ZIP CODE DELRAY BEACH FL 33446 1 �— DID UNLAWFULLY • OPERATE/DRIVE 0 PARK , '� ,' 1 '..7-, V YEAR MAKE MODEL STYLE COLOR E 2014 CHEV CRUZE 4D DBL ,i^,r,y,. .,;"..V110 H . t L• L NUMBER STATE REGISTRATION NUMBER 03/2 TISE AMER SPEED04AA PEASE 00110 3 STAYS L DATE 13.Osklos ph s D SGS 001(0 I. 3 E C EDJGO9 FL 01158186 n11-13e-3001SAIart 0o I G a3rus�a AVE 10' Did then and there commit the following offense: -FT- �Jl� � i '4'—_ 7- - FAILURE TO COMPLY WITH A STEADY RED SIGNAL The recorded Images relating to the vehicle stated above are evidence of this violation. r IN VIOLATION OF: .. f .. Florida Statutes§§316.0083,316.074(1)and 316.075(1)(c)1 .E a, POLICE DEPARTMENT --' - .fie.._ ID#072 i / , r ." 3: The traffic infraction enforcement officer named or law enforcement officer above has reviewed the recorded images ISSUE DATE : evidencing the red light signal violation,has identified the license tag number of the violating vehicle and has found I cz .:'..1'. 04/18/2016 reasonable and probable grounds that an offense has been committed. a , ' ...f ry'r t' STATUTORY PENALTY OF$158.00 IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE GO TO WWW.VIOLATIONINFO.COM Pay with your Visa or MasterCard at www.Violationlnfo.com or mail your check or money order with this coupon to the address below. JrnQEeda o� � [ VISnimA NAME:JARRET EVAN ORENBUCH DUE: 06/17/2016 _ 0r IIII I II IIIIII IIII II II IIIIII II II II _ , NOTICE#: 1851600095777 VERSION: 1 ISSUED:04/18/2016 ---` PLATE: EDJGO9 STATE: FL TYPE: •Si necesita ayuda en Espanol,favor flame al 1.866.225.8875. No points will be assessed for this Notice of Violation nor will it affect •PLEASE RESPOND WITH PAYMENT,REQUEST A HEARING,OR vehicle insurance rates. _ _ SUBMIT AN AFFIDAVIT POSTMARKED ON OR BEFORE THE DUE DATE TO AVOID ISSUANCE OF A UNIFORM TRAFFIC CITATION ("UTC").SEE INSTRUCTIONS ON REVERSE SIDE. City of Boynton Beach •Pay with your Visa or MasterCard at www.Violationlnfo.com or mail Payment Processing Center your check or money order with this coupon to the address to the right. PO Box 742527 •Make your check or money order payable to City of Boynton Beach. Cincinnati, OH 45274-2527 •DO NOT MAIL CASH. •Write the Notice#located above on the front of your payment. •Insert this tear-off coupon in the enclosed envelope with the address to the right showing through the window. AMOUNT DUE: $158.00 1 1851600095777 000015145996 158006 Your vehicle was observed by a traffic infraction detector failing to comply with a steady red light signal,in violation of Florida Statutes§§ 316.0083,316.074(1)and 316.075(1)(c)1, at the intersection, date, and time stated on the front page of this Notice of Violation ("Notice").This is a non-criminal infraction of state law. No points will be assessed and this infraction may not be used to set motor vehicle insurance rates. This Notice has been issued by the City of Boynton Beach. You have the following three options: a)Pay this violation in the amount of$158.00 on or before the due date specified on the front of this Notice;or b)Submit an affidavit by following the instructions below;or c)Request a hearing by signing and mailing the form below.You will be notified by letter of the time,location and date of the hearing.If you request a hearing and the Local Hearing Officer concludes that no infraction has been committed,this Notice will be dismissed and no costs or penalties shall be imposed. If the Local Hearing Officer concludes that an infraction has been committed,the Local Hearing Officer will uphold the infraction,and you will be responsible for payment of a$158.00 fine as well as additional administrative fees and costs not to exceed$250.00 as imposed by the Local Hearing Officer. SUBMISSION OF AFFIDAVIT:You may download an affidavit at www.ViolationInfo.com.As the registered owner of the vehicle,you are deemed responsible for the violation and the payment of a $158.00 penalty unless, in compliance with Florida Statute § 316.0083(1)(d)1.a-d, you establish by a sworn affidavit that a statutory exemption applies. The exemptions are that the motor vehicle:(a)passed through the intersection in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession; (b)passed through the intersection at the direction of a law enforcement officer, (c)was,at the time of the violation,in the care,custody,or control of another person;or(d)a Uniform Traffic Citation ("UTC")was issued by a law enforcement officer to the driver of the motor vehicle for the violation of Florida Statutes §§ 316.074(1) and 316.075(1)(c)1 stated in this Notice.The affidavit must be sworn before a notary public or other person authorized to administer oaths. If you assert that the vehicle was in the care,custody,or control of another person, you must provide the name, address, date of birth, and, if known, the driver's license number of the person who leased, rented, or otherwise had care, custody,or control of the vehicle at the time of the violation. If the vehicle was stolen,then the affidavit must include a copy of a police report showing the vehicle to have been stolen. If you assert that a UTC was issued by a law enforcement officer for the violation of Florida Statutes§§ 316.074(1)and 316.075(1)(c)1 stated in this Notice,then you must include the serial number of the UTC.For faster processing,you may,but are not required to,include a copy of the UTC. If your affidavit complies with the requirements of Florida Statute§316.0083,then no further action will be taken against you. The submission of a false affidavit is a misdemeanor of the second degree,punishable under Florida Statute§775.082 or§775.083 by a term of imprisonment not to exceed sixty(60)days and/or a fine not to exceed$500.00.If submitting an affidavit,it must be postmarked on or before the due date specified on the front page of this Notice in order to be appropriately processed.The affidavit should be mailed to City of Boynton Beach,c/o Intersection Safety Program,PO Box 22091,Tempe,AZ 85285-2091. Do not send payment or affidavit to the Clerk of the Court. If you fail to respond as outlined above,postmarked by the due date,a UTC will be issued to you. Upon issuance of a UTC,you shall have the remedies specified in Florida Statutes§§316.0083 and 318.14,which include(a)the right to pay the civil penalty in the amountof$264.00;(b)the right to submit an affidavit;or(c)the right to have a hearing before a designated official, who shall determine whether an infraction has been committed. If the official concludes that no infraction has been committed, the UTC will be dismissed and no costs or penalties shall be imposed.If the official concludes an infraction has been committed,the official will uphold the UTC and may impose an additional civil penalty not to exceed$500.00 and court fees and costs.Failure to pay,submit an affidavit,or request a hearing on the UTC could result in your driving privileges being suspended. VIEW YOUR IMAGES AND VIDEO EVIDENCE FOR THIS INFRACTION:The recorded images and video of your violation will be submitted as evidence for the disposition of this violation.You may view your images and video online at www.Violationlnfo.com.You will need your Notice#and PIN printed on the front of this Notice inside the red box. If you do not have intemet access,you may view your video and images at any public library. QUESTIONS:If you have any questions,please contact Customer Service toll free at 1-866-225-8875. (You must be the registered owner of the vehicle to discuss this violation with Customer Service.) PAYMENT INSTRUCTIONS ONLINE PAYMENT:The fastest and easiest way to pay your$158.00 penalty is online.Go to www.Violationlnfo.com and log on with your Notice#and PIN shown in the red box on the front of this notice.Click the Pay button.There is a convenience/service fee for this service. PAYMENT BY PHONE:Call toll free 1-866-225-8875 available 24 hours a day,7 days a week.There is a convenience/service fee for this service. PAYMENT BY MAIL:Mail your check or money order(payable to City of Boynton Beach)in the enclosed envelope with the coupon printed at the bottom of the reverse side of this Notice.PLEASE DO NOT MAIL CASH.Be sure to put the Notice#(see reverse)on the face of your payment.Payment must be postmarked on or before the due date. PAYMENT IN PERSON:No walk-in payments will be accepted. HEARING REQUEST FORM To request a hearing on the above referenced Notice pursuant to Florida Statute§316.0083,please submit the signed and dated coupon below in the envelope provided.The petitioner understands they will be notified of the date,time and location of the hearing.The Local Hearing Officer shall issue a final administrative order.If the Notice of Violation is upheld, the petitioner will be required to pay$158.00 and may also be required to pay county or municipal costs,not to exceed$250.00. NOTE:Per Florida Statute,you may cancel your appearance before the local hearing officer by paying the$158.00 penalty assessed,plus$50 in administrative costs,before the start of the hearing.The amount due will be$208.00. Detach here and return bottom portion as a request for an Administrative Hearing before a Local Hearing Officer. 1851600095777 I I submit this form as a request to contest this Notice of Violation and acknowledge that it must be • postmarked by the due date of this Notice to be a valid request.I understand that I must attend this 11 1101 I II hearing in person,unless represented by counsel appearing in person on my behalf. Please sign and print name using blue or black ink. • Signature: Printed Name: Phone Number: • City of Boynton Beach Violations Processing Center Tracking Number Florida Uniform Traffic PO Box 22091 9207190112892517128607 Tempe,AZ 85285-2091 Citation Customer Service#1-866-224-2354 NOTICE#: 1851600095777 PAYMENTS AND HEARING REQUESTS NOT ACCEPTED AT THIS ADDRESS PIN: 9654 View your video online at: www.Violationlnfo.com AlliMEIIIIIIIIIIIIIIIII1 II II II II JARRET EVAN ORENBUCH Amount Due: $264.00 113 BRITTANY C Due Date: 07/27/2016 DELRAY BEACH, FL 33446 ISSUE DATE:06/27/2016 FINE AMOUNT:$264.00 Location:EB W WOOLBRIGHT RD @ S CONGRESS AVE Violation Date and Time:3/23/2016 12:05:10PM AIKVSIE Vehicle License Number:EDJGO9 FL FLORIDA UNIFORM TRAFFIC CITATION Important instructions to individuals charged with a non criminal traffic COUNTY OF 0 (1)F.H.P. • (2)P.D. 0 (3)S.O. 0 (4)OTHER infraction. You have been issued a Uniform Traffic Citation for a violation of PALM BEACH State Statute code 547-Red-Light Camera, Section, 316.075(1)(c)1 failure to CITY(IF APPLICABLE) AGENCY NAME: CI stop at a red traffic signal pursuant to F.S. 316.0083 of the Florida State City of Boynton Beach Statutes. You are required to comply with one of the options listed below. If BOYNTON BEACH AGENCY 5. 34 you fail to comply with one of the options by the date listed your driving IN THE COURT DESIGNATED BELOW THE UNDERSIGNED CERTIFIES THAT privilege may be suspended until you comply and you may incur additional HE/SHE HAS JUST AND REASONABLE GROUNDS TO BELIEVE AND DOES SUMMONS cost associated with non-compliance. BELIEVE THAT ON: (VIOLATOR'S COPY) DAY OF WEEK MONTH DAY YEAR ❑ A.M. Wednesday Mar 23 2016 12:05:10 PM DIRECTIONS TO RESOLVE THIS CITATION •NAME(PRINT) FIRST MIDDLE LAST OPTIONS:MARK ONLY ONE JARRET EVAN ORENBUCH STREET IF DIFFERENT THAN DRIVER'S LICENSE.'X"HERE D Option A:MAKE A PAYMENT 113 BRITTANY C -fp. • PAYMENT BY MAIL $264.00 must be received by 07/27/2016 payable by CITY STATE ZIP CODE check or money order directly to the Clerk of the Court. Sign and mail this DELRAY BEACH FL 33446 original Citation with your payment. Please keep a copy for your records. TELEPHONE NUMBER DATE OF MO DAY YR RACE SEX HGT MAILING ADDRESS FOR THE CLERK OF COURT: Palm Beach County BIRTH Clerk of the Court, P.O. Box 3544, West Palm Beach, FL 33402. DO NOT May 6 1988 M MAIL CASH. DRIVER STATE CLASS CDL LICENSE YR.LICENSE EXP. COMMERCIAL VEHICLE • PAYMENT IN PERSON $264.00 may be paid in person at Clerk of the LICENSE Court, 205 North Dixie Highway, West Palm Beach, FL 33401, or check the NUMBER FL E YES❑No 0 YES 0 NO ■ . Clerk of Courts website for other locations on or before 07/27/2016. Include this original Citation with your payment.Please keep a copy for your records. YR.VEHICLE MAKE STYLE COLOR PLACARDED HAZARDOUS MATERIAL 2014 CHEV 4D DBL YES 0 NO ❑ •PAYMENT ONLINE http://www.mvpalmbeachclerk.com VEHICLE LICENSE NO TRAILER TAG NO. STATE YEAR TAG EXPIRES 816 PASSENGERS 0 Option B: REQUEST A HEARING To challenge this Citation, request a court EDJGO9 FL 20170506 YES❑NO 0 hearing prior to 07/27/2016. Sign and mail this original Citation to the Palm UPON A PUBLIC STREET OR HIGHWAY,OR OTHER LOCATION,NAMELY MOTORCYCLE Beach County Clerk of the Court, P.O. Box 3544, West Palm Beach, FL 33402. EB W WOOLBRIGHT RD @ S CONGRESS AVE YES 0 NO 0 Please keep a copy for your records. If the official determines no infraction COMPANION CITATION NUMBER(S) has been committed, no costs or penalties shall be imposed and any costs or penalties which have been paid shall be retumed in accordance with Florida Statute § 318.20. IF THIS BOX IS NOT CHECKED, A HEARING WILL NOT 0 0 0 0 BE SCHEDULED. THE COURT WILL SCHEDULE YOUR HEARING AND FT MILES N S E W OF NODE NOTIFY YOU OF THE DATE,TIME AND LOCATION. DID UNLAWFULLY COMMIT THE FOLLOWING OFFENSE VIOLATION OF STATE STATUTES§§31B.075(1)(c)1 end 316.074(1)FAILURE TO STOP AT A RED TRAFFIC SIGNAL PURSUANT TO 0 Option C: AFFIDAVIT If you are the registered owner of the vehicle, you F.S.§316.0083 are deemed responsible for the penalty unless, in compliance with Florida Statute § 316.0083(1)(d)(1)-(4), you establish by a notarized affidavit that a statutory exemption applies. Please visit and log into www.Violationlnfo.com to obtain an affidavit. SIGNATURE OF VIOLATOR DATE OFC.ANTHONY PETRIELLO 072 '° r.��(- :z ' .r 7�• '� 4.+ - '''T' LTw-.Y .,4:'.. -'.- , ..4. ,ar4,IM1^— 44.•—• `- TROOPER/OFFICER NAME&RANK • BADGE NUMBER - =: EZ:" - P_ Y , -------f S "-41' 4,,t—'7741‘,„,,,,,,,,..„......- tc 1- a SIGNATURE OF OFFICER ID NUMBER "'""" Co--Li �- c' - 7 VIEW YOUR IMAGES AND VIDEO EVIDENCE OBTAINED FOR THIS CASE: The - recorded images and video of your violation will be submitted as evidence . -- "' a a ;:IB for the disposition of this violation. You have the right to examine and ------ observe your images and video online at www.Violationlnfo.com. You will ,r, A,7-: v` need your Notice # and PIN printed on the top of this Citation inside the red box. If you do not have internet access, you have the right to examine and ,.,', observe your video and images at the local library. ""' ...41.4r >re "" -: D uy. 4., . City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach, FL 33425 HEARING REQUEST Document Number: 1851600095777 Date Created: 6/14/2016 3:43:30 PM IRBy:ecCBerved 01TO6/14/2016 ARBIINOACTION SBEDONIE-6/13/2016 Jun. 14. 2016 4:38PM ARA No. 3015 P. 1 • REQITEST FOR LOCAL HEARING—RFD LIGHT VJOLATION Mail,Fax or Email the COMPLETED Form to: Florida Hearing Request P.O.Box 22091 Tempe,AZ 85285-2091 Fax:480-990-4819 Email;info@violationinfo.com Drlver/Veh(ele Owner and Notice o Violation In arenNfa NO a he rov •• re nester Date: a2(©f 'l Name(Typed or Milled): .til AR-lZG r l) st-f S UCS` - Mailing Address: 1 13 (,RA?rr i' C-• Irc of t3ec. � State: ( L Zip: 3 3 N6 Telephone Number: ©/d 8- C7L -,'77 E Fax: E-mail: uIr UrEh11,VG/N."- a - • Com NOV Number: /85 l( COQ �l S -7 7 NOV Date: 11A(3 �bi�o Tag Number: 'C's)-'3 C,•09 Driver License Number Agency/Issuing Authority: Issuing Officer/Agent Name: • /v/rte- c,1 is Orr vc , Badge#: Local eu Hearin:O f cer In arena"on o be.rovtded b lomf audio .1 Local Court or Hearing Officer:_ Address: City: State: Zip: POC Telephone Number: Fax: THIS PAGE OF THE DOCUMENT MUST BE INCLUDED WITH THE AFFIDAVIT ON THE NEXT PAGE! I11 S- IPS 12/14/2016 9:05:59 AM Page 1 of 4 City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach, FL 33425 HEARING REQUEST Document Number: 1851600095777 Date Created:6/14/2016 3:43:30 PM Received On,6/14/2016 By,CBARBITO NO ACTION SBEDONIr-5/15/2015 Jun, 14, 2016 4:38PM AAA No. 3015 P. 2 Affidavit Requesting Bearing and Porfeiting Ability to Contest Delivery I --vire-I— (atFN BUCb hereby request a formal hearing (NAME) before a hearing officer in the county of ? L r/t- (e)CfA-C-t"7 .I understand that I must submit (COUNTY) this request to the clerk for the assigned local hearing officer within 60 days from the date posted on the Notice of Violation(NOV).I understand that by filing a request for this hearing,I waive my ability to contest the delivery of the NOV as set forth in F.S,S.316.083(c)and(d).I understand that I have the option to reschedule a hearing once by notifying the appropriate clerk for the local hearing officer in writing at least 5 days prior to the scheduled hearing.I understand that if I do not reschedule my hearing and I fail to appear for this hearing that I will be adjudicated guilty and lam responsible for all fines and/or fees and that a vehicle registration stop will be placed on my record.I also understand that if the NOV is affirmed by the court and/or local hearing officer,that I am responsible for the payment of the original penalty plus up to 5550.00 in local fees as set forth in F.S.S.31&083(5).I attest that I fully understand the stipulations of these laws and the associated penalties. 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City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach, FL 33425 HEARING REQUEST Document Number: 1851600095777 Date Created:6/14/2016 3:43:30 PM Received On.6/14/2016 By:CRARBITO NO ACTION SBEDONIE-6/152016 Jun. 14. 2016 4:39PM AAA No, 3015 P. 4 • FLORIDA JURAT FS 117.05 State of Florida County of Pnim ?)tInchl Sworn to (or affirmed) and subscribed before me this \4Th day of Tuie Day Month Year by ,TaYrd DLC Name of Person Swearing or Affirming attire of Wary Public State of ;fide . •;; AURA B,ItonlAsw I •A • tr Nom.of Notary Typed,Printed or Stamped - ttplary Po011e•Slata of Florida My comm.Siphon Jul 2.20/7 0 Personally Known COmalIoej, 27g8 &Produced identification Type of Identification Produced: Place Notary Seal Stamp Above t) Li a NI ce. OPTIONAL Though this Section is optional,completing this information can deter alteration of the document or fraudulent reattachment of this form to en unintended document Description of Attached Document Title or Type of Document ilitClasiit R.-qt./K*114 9 irnriNg oy• • ti .i• lb 1 (01 bt ivrrq Document Date: DU)- - LP _Number of Pages:_ (7) Signer(s)Other Than Named Above:_ \I A 2013 National Notary Association•www.NationalNotaryog•1-800-US NOTARY(1-800-876-6827) Item#5186 - 'AVLSIS"VPS 12/14/2016 9:06:00 AM Page 4 of 4 • City of Boynton Beach a+"' 100 E.Boynton Beach Blvd. Boynton Beach,FL 33425 m' Violation Evidence Report Complaint Number: Al KVSIE Docket Number: Document Number: 1851600095777 Document Information: .Violation Information: Document Type: VIOLATION DATA REPORT Violation Date/Time: 3/23/2016 12:05:10PM Version: v 1.0 Violation Location: EB W WOOLBRIGHT RD @ S CONGRESS AVE BOYNTON BEACH, FL Issue Date: 06/27/2016 Plate No./State: EDJG09 FL Appearance Date: 07/27/2016 Make/Model/Year:: CHEV/CRUZE/2014 Registered Owner: JARRET EVAN ORENBUCH Name/Address 113 BRITTANY C DELRAY BEACH, FL 33446 Driver: JARRET EVAN ORENBUCH Name/Address 113 BRITTANY C DELRAY BEACH, FL 33446 State Exhibit: `7A�ssvPs 12/14/2016 9:06AM Page 1 of 5 City of Boynton Beach h Blvd. each , N Itee 100 E.Boynton Beac �Y; = Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Al KVSIE Docket Number: Document Number: 1851600095777 DAA TIME A14B R SPEED 1 45 E TIbE I F tP,1► 03/23/2016 12:05:09.7 PM 5.0'1 .0 109 R 000.2 ... A 32111—E3 W SII:0g e S CON S AVE -. r'' ' '-' ,%,'?-)17.'-;--- ! , i 'i.,,,,,,, f!....,- ,_ sjiv!.„.,,,,4010.1, ; ,,,,_ ,,, a , 4, -(4 . -.. ' -.--'-' . ..-• • - -'' a..is Fes`^ �.--.•naµ' .-.,..,• ".Jyi 9 k F � ' "-'"7 bk $ a = ,p F ... = ''St'''', Ts =��ye` '4 a* r" '''. ...i '1r" mo. ,I.:,,,-...0,-._ �, a x0. # x fir - -1-- - +-x _ State Exhibit: p;„?s �sv�s 12/14/2016 9:06AM Page 2 of 5 City of Boynton Beach , .. �.. 100 E.Boynton Beach B , t+, Boynton Beach,FL 33425lvd Violation Evidence Report Complaint Number: Al KVSIE Docket Number: Document Number: 1851600095777 DATE T1N AMBER SPEED PRASE RTIME LANE FRAME 0303123,'2016 12.05:10.5 PM 5.0 104 P. 001.0 3 B 11-EB H VFQQI�8R3GFIT ED e S CQNQE SS AVE ,, •,..., r ri, w- ,,,,,:e T- - ' , i ., "` _ t .� ' ' .� . ?^...+. + ' ` fiec. e+u „e '`� - � � ;; � r , 3 ��..Jee a 3 • ` Vi, c `itt 4 .F' ." - p�•.Q by -: ` State Exhibit: Page 3 of 5 :svPs 12/14/2016 9:06AM City of Boynton Beach , a+ + . 100 E.Boynton Beach Blvd. t1°�� Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Al KVSIE Docket Number: Document Number: 1851600095777 Iv, NNW .f w F : 1,-;= �t +:d' -3410$ • State Exhibit: a-1a�cs:svPS 12/14/2016 9:06AM Page 4 of 5 City of Boynton Beach 4"1-E 100 E.Boynton Beach Blvd. Boynton Beach,FL 33425 *._ Violation Evidence Report Complaint Number: Al KVSIE Docket Number: Document Number: 1851600095777 • NOTES Note Added By Added Date Hearing Scheduled ON: 12/22/2016 AT 09:00 AM GMILLS 11/29/2016 01:52:57 PM Hearing OR Appeal performed ON: 11/17/2016 BY: JAMES D. STOKES WITH disposition OF: GMILLS 11/29/2016 01:52:13 PM RESCHEDULED Defendant Reason: RESCHEDULED Hearing OR Appeal performed ON: 11/17/2016 BY:JAMES D. STOKES WITH disposition OF: UPHELD AVERRIGNI 11/17/2016 09:10:13 AM Defendant Reason: NO ACTION NEEDED Hearing Scheduled ON: 11/17/2016 AT 09:00 AM GHOLA 07/07/2016 12:27:32 PM UTC GENERATED ADMINUSER 06/24/2016 11:14:07 AM STOP PAYMENT RECORD CREATED ADMINUSER 06/24/2016 09:41:32 AM Hearing performed ON: 06/22/2016 BY: OFC.ANTHONY PETRIELLO WITH disposition OF:ACCEPT APETRIELLO 06/23/2016 11:15:11 AM Defendant Reason:ADMINISTRATIVE DECISION ACTION-NO ACTION; RECEIVED HEARING FORM. SENT TO CSS SBEDONIE 06/15/2016 08:26:57 AM PENDING FURTHER ACTION CBARBITO 06/14/2016 03:43:30 PM RECEIVED FAX ON 06-14-2016/INCLUDED HEARING FORMS, SIGNED HEARING REQUEST, VSANCHEZ 06/14/2016 01:42:14 PM URGENT. State Exhibit: ;, ;A16.51 VPS- 12/14/2016 9:06AM Page 5 of 5 • City of Boynton Beach Olid• 100 E.Boynton Beach Blvd. j,.' Boynton Beach,FL 33425 Camera Log Report Complaint#: AIKVSIE Document#: 1851600095777 Location: BB11 - EB W WOOLBRIGHT RD @ S CONGRESS AVE Event Date/Time Status Deployment Start 3/23/2016 2:08:07AM Operational Tests Passed Violation 3/23/2016 12:05:10PM Deployment End 3/24/2016 2:08:11AM Operational Tests Passed ❑ Signs were Posted State Exhibit . 1 � VPs 12/14/2016 9:06AM Page 1 of 1 ATS SYSTEM LOG REPORT I,Jonathan Crabb,do hereby swear that: 1. I am employed by American Traffic Solutions("ATS"). 2. I am of sound mind,capable of making this certification,over the age of 18,and execute this certification based upon my own personal knowledge of ATS's business and the method by which ATS created,transmitted,and stored the information contained in the ATS System Log Report. 3. I,am the duly authorized custodian of the ATS System Log Report,and in such capacity,I have authority to certify the ATS System Log Report is a true and correct copy of an original record maintained by ATS. 4. The ATS System Log Report referenced below is a copy of a business record which was made automatically by the Axsis Violation Processing System,at or near the time of the self-test of the automatic red light enforcement system. 5. I certify that the testing that was conducted and is contained in the ATS System Log Report is a regular practice in the course of ATS's regularly conducted business activities and is kept in the ordinary course of ATS's regularly conducted business activities. I DECLARE UNDER PENALTY OF PERJURY IN THE STATE OF FLORIDA THAT THE AFOREMENTIONED INFORMATION IS TRUE AND CORRECT. Jonathan Crabb ATS System Log Report 03/23/2016 Location:BB I 1 -EB W WOOLBRIGHT RD @ S CONGRESS AVE Date:03/23/2016 Event Time Status Automated Self-Test 02:08:07 AM All Tests Passed a4 po,«E PO Box 22091 . ( . , Tempe,AZ 85285-2091 f. saz�o'v II I II II I I I I I I I II I II II MI II II II II DATE: 11/29/2016 JARRET EVAN ORENBUCH 113 BRITTANY C PLATE: FL EDJGO9 DELRAY BEACH, FL 33446 RE: Notice of Violation: 1851600095777 Version# : 1 ADMINISTRATIVE HEARING NOTIFICATION LETTER The hearing date for the above mentioned Notice of Violation ("Notice") has been scheduled for: Thursday, December 22, 2016 at 9:00 AM City of Boynton Beach City Hall Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 You may reschedule this hearing once by submitting a written request to the designated clerk to the Local Hearing Officer at the hearing location address above.Your written request to reschedule must be received by the clerk to the Local Hearing Officer at least five (5) calendar days before the day of the originally scheduled hearing. If you have already rescheduled your hearing you may not reschedule it again. If you are receiving a new Administrative Hearing Notification Letter please review the Date, Time and Location of your hearing as one or all of them may have been updated with new information. Please disregard the earlier Administrative Hearing Notification Letter and use only the information provided on the last notification received. You may cancel your appearance before the Local Hearing Officer by paying the civil penalty of$158.00 assessed, plus $50.00 in administrative costs, before the scheduled hearing time. To make a payment online please go to www.Violationlnfo.com or to make a payment by phone call 1-866-790-4111. There may be a convenience/service fee for this service. If you choose not to appear, you waive the right to contest this violation and must pay the civil,penalty of$158.00, plus administrative costs up to$250.00. • POLO. PO Box 22091 ,47 • °tea Tempe,AZ 85285-2091 aoda Inn ENI10111111 IIIIIIIIIIIII II II DATE: 07/07/2016 JARRET EVAN ORENBUCH 113 BRITTANY C PLATE: FL EDJGO9 DELRAY BEACH, FL 33446 RE: Notice of Violation: 1851600095777 Version# : 1 ADMINISTRATIVE HEARING NOTIFICATION LETTER The hearing date for the above mentioned Notice of Violation ("Notice") has been scheduled for: Thursday, November 17, 2016 at 9:00 AM City of Boynton Beach City Hall Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 You may reschedule this hearing once by submitting a written request to the designated clerk to the Local Hearing Officer at the hearing location address above. Your written request to reschedule must be received by the clerk to the Local Hearing Officer at least five (5) calendar days before the day of the originally scheduled hearing. If you have already rescheduled your hearing you may not reschedule it again. If you are receiving a new Administrative Hearing Notification Letter please review the Date, Time and Location of your hearing as one or all of them may have been updated with new information. Please disregard the earlier Administrative Hearing Notification Letter and use only the information provided on the last notification received. You may cancel your appearance before the Local Hearing Officer by paying the civil penalty of$158.00 assessed, plus $50.00 in administrative costs, before the scheduled hearing time. To make a payment online please go to www.Violationlnfo.com or to make a payment by phone call 1-866-790-4111. There may be a convenience/service fee for this service. If you choose not to appear, you waive the right to contest this violation and must pay the civil penalty of$158.00, plus administrative costs up to$250.00. oa POLkeCity of Boynton Beach • 4" .. ",.',N, Intersection Safety Program • " IA PO Box 22091 V-. " V Tempe,AZ 85285-2091 FINAL ADMINISTRATIVE ORDER VIOLATION UPHELD JARRET EVAN ORENBUCH 113 BRITTANY C DELRAY BEACH,FL 33446 HEARING INFORMATION HEARING DATE: 06/22/2016 DEFENDANT INFORMATION HEARING TIME: 9:00 AM NAME: JARRET EVAN ORENBUCH HEARING City of Boynton Beach LOCATION: 100 E. Boynton Beach Blvd. ADDRESS: 113 BRITTANY C DELRAY BEACH, FL 33446 Boynton Beach, FL 33425 DETERMINATION: VIOLATION UPHELD REASON: ADMINISTRATIVE DECISION LICENSE PLATE: EDJGO9 STATE: FL AMOUNT DUE: $158.00 NOTICE#: 1851600095777 DUE DATE: 06/23/2016 PIN 9654 This order is final and rendered on 06/22/2016. SIGNED:/S/OFC.ANTHONY PETRIELLO of City of Boynton Beach. After hearing on the above-referenced Notice of Violation ("Notice") pursuant to Florida Statute § 316.0083, and after a determination that there was substantial competent evidence to support a violation of Florida Statute § 316.074(1) or § 316.075(1)(c)1 in the above-referenced case, the Local Hearing Officer has UPHELD your violation.You are hereby required to pay the total amount due by the due date listed on this Final Administrative Order: If you fail to pay the full amount in accordance with the terms of this Final Administrative Order by 06/23/2016, or fail to comply with the terms and conditions of an approved payment plan, the Department of Highway Safety and Motor Vehicles will place a hold on the issuance of a license plate or revalidation sticker for any motor vehicle owned or co-owned by you pursuant to Florida Statute§320.03(8)until the amounts assessed have been fully paid. You may appeal this Final Administrative Order pursuant to Florida Statute§162.11. 3 Ways to Pay ONLINE PAYMENT: The fastest and easiest way to pay the amount due is to pay online. Go to www.Violationlnfo.com and log on with your Notice # and PIN shown in the box at the top.Click the Pay button.There is a convenience/service fee for this service. PAYMENT BY PHONE:Call toll free 1-866-790-4111 24 hours a day,7 days a week.There is a convenience/service fee for this service. PAYMENT BY MAIL: Mail your check or money order (payable to City of Boynton Beach) with the coupon printed at the bottom. DO NOT MAIL CASH. Be sure to put the Notice#on the face of your payment. CUSTOMER SERVICE:If you have any questions,please call Customer Service at 1-866-790-4111 between 8:00 AM-5:00 PM EST. Pay with your Visa or MasterCard at www.Violationlnfo.com or mail your check or money order with this coupon to the address below. �„Potf�, liis41 e� (�r I yl NAME: JARRET EVAN ORENBUCH DUE: 06/23/2016 � , 1851600095777 ISSUED: 06/22/2016 a °� 1 .. EDJGO9 " NOTICE#: STATE: FL TYPE: Q' • PLATE: • Make your check or money order payable to the City of Boynton Beach. • DO NOT MAIL CASH. City of Boynton Beach Payment Processing Center • Write the Notice#on the front of your payment. PO Box 742527 • Mail this tear-off coupon along with your payment. Cincinnati,OH 45274-2527 AMOUNT DUE:$158.00 5 1851600095777 000015145996 158002 City of Boynton Beach Intersection Safety Program PO Box 22091 Tempe,AZ 85285-2091 6 v JARRET EVAN ORENBUCH 113 BRITTANY C DELRAY BEACH,FL 33446 HEARING INFORMATION HEARING DATE: 11/17/2016 DEFENDANT INFORMATION HEARING TIME: 9:00 AM NAME: JARRET EVAN ORENBUCH HEARING City of Boynton Beach ADDRESS: 113 BRITTANY C LOCATION: City Hall Commission Chambers DELRAY BEACH, FL 33446 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 DETERMINATION: RESCHEDULED REASON: RESCHEDULED LICENSE PLATE: EDJGO9 STATE: FL AMOUNT DUE: $208.00 NOTICE#: 1851600095777 PIN: 9654 This order is final and rendered on 11/17/2016. SIGNED:/S/JAMES D.STOKES of City of Boynton Beach. IN THE COUNTY COURT IN AND FOR PALM BEACH COUNTY FLORIDA TRAFFIC DIVISIdN CASE/ CITATION NO2 Alirx YON" STATE OF FLORIDA POLICE OFFICER 13EP1iEs115 - ISM IS 1... Plaintiff -vs- C 7%• . 1:!:"•' JARRET EVAN ORENBUCH • Defendant The undersigned officer requests for dismissal of the above styled cause for the following reason (s) (xi 7 Missing Witness Insufficient Evidence 17 Speed measuring certification lacking 7.71 Other: Issued in Error VVHEREFORE, it is respectfully requested in good faith this co granteli request. / Dated; Signature 7/6/2016 Print Name: CSO A. Petriello Badge No: 072 Agency: Boynton Beach Police Department p3 • Gre • Denied ;:1- -- - LLD .7.15 10 0 :again I?1)1,1 Traffic Hearing Officer"' - IN THE COUNTY COURT IN AND FOR PALM BEACH COUNTY FLORIDA TRAFFIC DIVISION CASE/CITATION STATE OF FLORIDA POLICE OFFICER Wozawro,g- wff (11- Plaintiff CD . T -VS- JARRET EVAN ORENBUCH Defendant The undersigned officer requests for dismissal of the above styled cause for the following reason(s) EMissing Witness EJInsufficient Evidence ElSpeed measuring certification lacking LI Other: Issued in Error WHEREFORE, it is respectfully requested in good faith this c rt grant/his req .est. 410-744- Dated: Signat e / 7/6/2016 CSO . Petrie° Print ,. Badge No: 072 Agency: Boynton Beach Police Department _de ••••• 0 Denied • —) — 111 1.0 "--- • 416 ) Traffic earing Officer! e e - been received. 107 The court concluded further that a business(such as the one that owned and operated the red-light cameras involved in the case at hand)need only prove its general office procedure to satisfy the requirements of due mailing and to create a presumption that this ordinary procedure was followed in any particular case. 108 Moreover,the court found that this rule had been codified by Florida's evidence statutes,which admit a business's routine practices without corroboration or testimony by witnesses as proof that the business's conduct in a particular case conformed with routine practices. 109 This presumption required only that the mail be correctly addressed to the registered owner of the vehicle,as recorded by the Florida Department of Motor Vehicles (DMV),and that testimony be presented regarding the office's general business practices with respect to mailing. 110 After testimony by several individuals as to the customary practices followed in mailing notices of violations and traffic citations, SEEING RED: THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla. L. Rev. 1783 ©2016 Thomson Reuters. No claim to original U.S. Government Works. 8 the court found sufficient proof of satisfactory routine practices to raise a presumption that the statute's mailing and notice requirements had been met in that particular instance. 111 Second,the defendant argued that the city bore the burden of proving that the defendant was the true owner of the vehicle committing the violation for which the citation was issued. 112 The defendant contended that the city was required to prove ownership through presentation of a certified copy of DMV records,because the statute held the vehicle's registered owner liable for the violation. 113 At the hearing,substantial evidence showed the process used to obtain*1798 ownership records electronically. 114 The court found that such means produced reliable information sufficient to show ownership. 115 The court rejected the suggestion that the city was required to produce a certified copy of the DMV records in court as"an excessive burden." 116 Rather,the court stated that the defendant could easily present his vehicle registration to establish an error in the citation. 117 Third,the defendant objected to the fact that the officer who reviewed the red-light camera video and issued the traffic citation did not appear in court. 118 Rather,due to the high volume of cases,the issuing officer prepared an evidence packet for each hearing,including video and photographic evidence relevant to the citation,which was uploaded onto a laptop computer for presentation in court by a records custodian. 119 The court rejected the suggestion that the officer's presence was required. 120 Rather,the court found that the charging document was the citation itself,which was based solely on information contained in the video or photographic evidence. 121 Thus,as long as the records custodian presented in court the evidence packet prepared by the officer,the officer's presence was not required. 122 Nor was the city required to present affirmative proof of the issuing officer's actual training. 123 The officer only needed to testify that he was qualified to issue the citation,or,in the case of an absent officer,the city was required to include in evidence an affidavit that the person who issued the citation was certified to do so. 124 Fourth,the defendant objected to the admission of the red-light camera video as evidence. 125 The court rejected this last argument as contrary to the Florida Legislature's clear intent as indicated by the express language of the statute. 126 The court pointed out,however,that while video evidence was admissible under the statute,the red-light cameras were required to meet certain specifications established by the Department of Transportation(DOT)and to be tested at regular intervals according to those specifications. 127 Standards established by*1799 the DOT had become effective on July 1, 2011. 128 The court therefore found that,as a precondition for the admission of video evidence to support any citation issued on or after July 1, 2011,the city was required to present proof that the red-light cameras met DOT specifications at the time the violation was captured on film. 129 2.Broward County One month after the decision in Miami-Dade,a Broward County Court denied a defendant's motion to dismiss his citation on three separate grounds. 130 Citing to the Florida Supreme Court case Levitz v. State(but offering no explanation for its reasoning),the court rejected the defendant's first argument that the statutory scheme authorizing the use of red-light cameras was"impermissibly coercive and[a]violation of Equal Protection." 131 In Levitz,the defendant had been issued a citation for driving at an unlawful speed,and was notified that he could either pay a$25 fine or request a hearing,which subjected the defendant to the possibility of receiving the maximum fine of$500. 132 The defendant in that case filed a motion for declaration of the unconstitutionality of the relevant statute,arguing"that it subjected him to a greater penalty when he exercised his right to confront witnesses against him." 133 SEEING RED: THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla. L. Rev. 1783 ©2016 Thomson Reuters. No claim to original U.S. Government Works. 9 The county court rejected that argument,and the Florida Supreme Court affirmed its decision.The supreme court found that the Act-allowing individuals to pay a civil penalty for committing certain traffic infractions, or in the alternative to request a hearing to contest the citation-deprived no one of the right to a full and fair hearing. 134 Rather,the statute offered a quicker, more convenient way to comply with the law through payment of a statutorily determined fine-similar to the widely accepted and encouraged practice of plea bargaining. 135 The defendant was in essence merely offered a settlement by the statute,which he could freely reject and instead choose to contest the citation. 136 All due process guarantees would then be provided to *1800 him. 137 Therefore,the Florida Supreme Court held that the statute complied with due process and equal protection guarantees. 138 Having dispensed with the defendant's first claim through comparison to Levitz,the Broward County Court rejected the defendant's second argument that the Act did not specifically authorize the issuance of citations to the vehicle's owner. 139 Without explanation,the court found that such authorization was"implicit and contemplated in the statute as a whole." 140 Finally,the county court rejected the argument that the Act impermissibly shifted the burden of proof to the defendant. 141 In doing so,the court relied on a Tennessee case as persuasive authority. 142 In that case,the Tennessee Court of Appeals had addressed the argument that a statute authorizing the use of red-light cameras violated the defendant's right to due process. 143 According to that argument,the Tennessee statute had created an impermissible presumption of guilt against the registered owner of the vehicle observed violating traffic control laws. 144 This impermissible presumption,so the argument went,could then be rebutted by a showing that the owner had not been in control of the vehicle when it passed through a red light. 145 The Tennessee court found no violation of due process in that case. 146 It found instead: (1)that the statute held the vehicle's registered owner liable for the violation,regardless of who actually ran the red light; (2)that the city bore the burden of proving its case;and(3)that the vehicle's owner was statutorily accorded the opportunity under some circumstances to shift responsibility to the actual driver of the car at the time of the violation. 147 Thus,the statute was constitutional,as it held the vehicle's owner liable,and the burden of proving that the vehicle involved in a traffic infraction was registered to a particular individual was at no time shifted away from the city. 148 Just two months earlier,however,a different Broward County Court had ruled that citations issued by law enforcement officers for failure to stop at red lights violated the constitutional guarantee to equal*1801 protection. 149 The court based this conclusion on the fact that fines imposed for such offenses were higher than those imposed in conjunction with red- light camera citations. 150 The court noted in its ruling that"[a] driver who is observed by an officer committing the violation[in the traditional manner] is subjected to more severe penalties and ramifications than a driver who is fortunate enough to have committed the infraction at a 'red light camera'intersection." 151 Ted Hollander,the driver's attorney in that case, stated that if the ruling were appealed and upheld at the highest level in Florida,the legislature would finally be forced to eliminate one of the means of issuing citations for running red lights. 152 He predicted that this was likely"the beginning of the end"for red-light cameras in Florida. 153 B. Stalled Attempts to Repeal the Act Legislatively Attorneys like Ted Hollander were likely paying close attention to the near-repeal of the Act by the Florida Legislature earlier that year. 154 Florida House Bill 4087,introduced early in 2011,was an attempt to repeal the authorization to install and use red-light cameras to enforce traffic laws less than a year after the practice had been approved. 155 Representative Richard Corcoran,a future house speaker who sponsored the bill,"argued that studies showing lower crash rates have been debunked SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla. L. Rev. 1783 ©2016 Thomson Reuters. No claim to original U.S. Government Works. 10 and the cameras have resulted in tickets that judges have thrown out." 156 But a number of lawmakers from Representative Corcoran's own Republican Party opposed the bill,urging fellow lawmakers to wait and give red-light cameras a chance to reduce accidents in Florida. 157 In May 2011,the bill passed in the Florida House of Representatives by a narrow margin of Y 59-57. 158 The companion Florida Senate Bill 672 159 was approved by the Senate Transportation Committee before dying in the Senate Committee on*1802 Community Affairs on May 7,2011. 160 The legislative attempt to repeal the Act was then indefinitely postponed and withdrawn from consideration. 161 But Florida Representative Scott Plakon subsequently renewed the effort,filing another measure to repeal the law in December 2011. 162 For a time it seemed that Florida House Bill 4177 163 and its companion Senate Bill 1542 164 might succeed where all other efforts to eliminate red-light cameras had failed.Both,however, died in committee in early March 2012. 165 M.Beyond Florida Florida is not the only jurisdiction that has addressed the issue of red-light cameras.In Idris v. City of Chicago, 166 the United States Court of Appeals for the Seventh Circuit upheld the red-light camera program outlined in the Chicago Code against a due process challenge. 167 In that case, Chief Judge Frank H.Easterbrook,writing for the court,rejected the idea"that vicarious liability offends the substantive component of the due process clause,"calling that argument"a dud." 168 The Seventh Circuit explained that"[s]ubstantive due process depends on the existence of a fundamental liberty interest. . .and no one has a fundamental right to nm a red light or avoid being seen by a camera on a public street." 169 Finding that state action must impinge on some substantive right(lacking in that particular case)before it will be evaluated under substantive due process standards,the court went on to determine whether the program was nevertheless completely arbitrary and therefore failed the rational basis test. 170 On that count,the court upheld the program as rationally related to the legitimate goals of the City of Chicago,fording that"[a] system that simultaneously raises money and improves compliance with traffic laws has much to recommend it and*1803 cannot be called unconstitutionally whimsical." 171 Finally,the court rejected the argument that the courtroom procedures the city used to adjudicate citations violated the Due Process Clause. 172 That argument was based in large part on the contention that any defenses besides those specifically enumerated in the relevant section of the Chicago Code were unavailable to defendants contesting red-light camera citations. 173 The City of Chicago responded,and the court agreed,that all defenses available under state law, including but not limited to those specifically related to red-light camera citations,were available to the defendant contesting a red-light camera citation. 174 Therefore,the program did not run afoul of the constitutional guarantee of substantive and procedural due process. 175 In Bell v. Redflex Traffic Systems, Inc., 176 the United States Court of Appeals for the Fifth Circuit was no more sympathetic to opponents of red-light cameras. In that case,appellants argued that Redflex-a company that had installed its cameras in multiple Texas cities-had been operating without a proper license when its cameras captured their traffic violations. 177 The court first denied that appellants had standing to allege as injury the fact that their traffic violations would never have been detected had it not been for the cameras installed and operated by Redflex;the interest in evading the law,wrote the court, cannot create standing,because it is not legally protected. 178 The court next refused to recognize an alleged injury caused by 1 the admission in court of"illegally obtained"video evidence as proof of the traffic violation, stating that such evidence had always been permitted in civil traffic violation proceedings. 179 Finally,the Court found insufficient evidence to establish a link between Redflex's operation without the proper license and the alleged injury to the privacy interest of appellants. 180 In SEEING RED: THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla. L. Rev. 1783 ©2016 Thomson Reuters. No claim to original U.S. Government Works. 11 so deciding,however,the court allowed that electronically recording images of a vehicle moving through a public intersection may implicate valid privacy concerns. 181 Outside of Florida,it seems,red-light camera opponents have been more successful when focusing on issues like revenue generation and traffic safety,rather than arguing constitutional violations in court.For*1804 example,the City of Los Angeles recently decided to stop using red-light cameras because the program was losing$1.5 million each year. 182 Questions about whether using the cameras actually reduced traffic fatalities also contributed to the decision. 183 It would be wise of red-light camera opponents in Florida to take a lesson. IV. The Case Against Red-Light Cameras in Florida Opponents of the Act,and of red-light cameras generally, are unlikely to accomplish its demise in Florida's courts. Rather, those actively fighting against the legislation ought to consider going straight to the source-the Florida Legislature. By focusing attention on the Act's policy failures,opponents might be able to turn the tide against it. A.Prospects for Success in Florida's Courts In light of cases like Idris and Bell,and the rejection by many Florida trial court judges of the various challenges lodged against the Act and against red-light cameras generally,it may be difficult to argue successfully that red-light camera citations ought to be eliminated on constitutional grounds. 184 However,there are those who continue to try. One author,for example, contends that"red-light cameras dangerously reverse the presumption of innocence and deprive cited motorists of the fundamental right to confront their accusers." 185 Another has argued that state action in the form of red-light camera citations"will have lasting repercussions on an individual's right to interstate travel and personal privacy." 186 But those who hope to see the Act stricken from Florida's books on constitutional grounds have recently been dealt some serious blows. In July 2012,Florida's Fourth District Court of Appeal 187 reversed a Broward County trial court order holding Florida Statutes section 316.075 unconstitutional on equal protection grounds. 188 While*1805 section 316.075 prohibits the exact same conduct as does the Act,the trial court had concluded that"a driver who is observed by an officer committing the violation(in the traditional manner)is subjected to more severe penalties and ramifications than a driver who is fortunate enough to have committed the infraction at a'red light camera'intersection." 189 However,"[all'equal protection analysis is appropriate only if similarly situated individuals are treated differently." 190 According to the appellate court, individuals ticketed under section 316.075 are not similarly situated to those ticketed under the Act. 191 Even if they were,the statute would not be unconstitutional,because there is a rational basis for not assessing points against the driver's licenses of those ticketed ' Y under the Act. 192 Points are personal;they are assessed against the individual,rather than the vehicle. 193 Because the Act focuses on the vehicle's owner,rather than its actual driver-and because violations of the Act are caught on camera, rather than through observation of the driver by a law enforcement officer-the legislature had a rational basis for choosing not to impose points on those ticketed under the Act. 194 Thus, "[s]ection 316.075 is not unconstitutional because of the enforceability of section 316.0083." 195 In November 2011,Florida's Third District Court of Appeal 196 upheld a city ordinance authorizing the use of cameras to observe and penalize drivers who run red lights. 197 That decision resulted from the appellate court's review of a trial court order declaring a City of Aventura ordinance invalid and unenforceable. 198 The ordinance at issue authorized the city to use cameras installed at traffic lights to record images of drivers who ran red lights. 199 After a traffic control review officer appointed SEEING RED: THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla. L. Rev. 1783 ©2016 Thomson Reuters. No claim to original U.S. Government Works. 12 by the city reviewed the images for accuracy,the ordinance authorized the city to issue notices of traffic violations caught on camera. 200 *1806 The ordinance had been created in 2007,201 well before the Act was signed into law in 2010. 202 The trial court had thus declared the ordinance"an invalid exercise of municipal power without express authority from the Florida Legislature allowing the City to legislate the subject."203 The trial court employed reasoning strikingly similar to that expressed in the two Florida Attorney General Advisory Legal Opinions that had cautioned against issuing citations solely on the basis of photographic evidence. 204 More specifically,the trial court reasoned that the city ordinance conflicted with a requirement in the Florida Statutes that an officer observe the commission of a traffic infraction in order for a citation to be issued. 205 According to the trial court,the ordinance was therefore invalid.206 The Third District Court of Appeal disagreed and reversed the trial court.207 In doing so, it upheld a city ordinance enacted prior to the Act,without the express authorization of the Florida legislature.208 The court grounded this result partly in the broad police powers and home rule granted to municipalities by the Florida constitution.209 Reasoning that the ordinance in question was not clearly in conflict with any section of the Florida Statutes,and that every reasonable presumption in favor of its constitutionality ought to be indulged,the appellate court found the ordinance valid.210 If Florida appellate courts are unwilling to strike down the use of red-light cameras on constitutional or statutory grounds,even in the absence of express legislative authorization,it is far less likely that they will do so with the Act on the books. Those hoping to eliminate red-light cameras in Florida would be wise,therefore,to turn their attention away from the courts. Most judges-in Florida and beyond-are not buying the constitutional case against red-light cameras. B.Prospects for Success in Florida's Legislature The same cannot be said of Florida's legislators, some of whom have already tried twice to eliminate red-light cameras. The first attempt to repeal the Act-initiated less than a year after the Act was signed into law-passed by a narrow margin in the ' r Florida House before dying in*1807 the senate. 211 Florida Representative Scott Plakon later renewed the effort, filing another measure to repeal the law in December 2011.212 While Florida House Bill 4177 213 and its companion Senate Bill 1542 214 ultimately died in early March 2012,the fact that this second attempt came so swiftly on the heels of the first shows the strength of opposition to red-light cameras among some in Florida's legislature. It is not unlikely,therefore, that there will be another attempt to repeal the Act.Perhaps the third time will indeed be the charm,but that is unlikely unless opponents of the Act have learned from their own previous failures and those of like-minded citizens throughout the nation.Practically speaking, while the constitutional case against red-light cameras in Florida has had little success in court,plenty of convincing arguments against the cameras can be made on the house and senate floors. First of all,uncertainty remains about whether,and to what extent,red-light cameras actually reduce traffic violations and collisions.215 Rather,some argue that"[a]ttempts to generate revenue through traffic citations are directly contrary to public safety since infractions are increased by improper roadway engineering,creating hazards and expense for the public."216 A critique of multiple studies of red-light camera intersections found that red-light cameras are associated with higher rates of fatal traffic accidents and have not reduced the total number of angle and rear-end crashes. 217 This might be explained by the fact that most red-light running collisions result from unintentional red-light running;218 indeed,the driver who caused the accident that killed Mark Wandall was distracted by a child in the backseat.219 And rather than focusing on or mandating installation of red-light cameras,the Federal Highway Administration and the National Highway Traffic Safety Association have recommended intersection engineering analyses and improvements such as lengthening yellow-light timings. 220 SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla. L. Rev. 1783 ©2016 Thomson Reuters. No claim to original U.S. Government Works. 13 Secondly,while the Act has generated some revenue for the state,it has fallen far short of expectations.221 And there are some who object to *1808 the statutorily prescribed allocation of the funds generated.222 Even worse,American Traffic Solutions, the company operating most of the red-light cameras in Florida,has been unable to handle the volume of violations captured by its cameras and has fallen behind in processing citations.223 Consequently,thousands of red-light runners caught on camera can escape their fines. "Florida law says both a traffic ticket,and a second ticket that will go out if the first is not paid,have to be processed within 60 days of a traffic violation. If both tickets aren't processed,the initial fine is still sent.But it can never be enforced." 224 Pembroke Pines will lose an expected$200,000 in fines as a result,and other cities expect similar losses. 225 Though often unsuccessful, numerous challenges in court to red-light camera citations and to the Act itself have convinced some local governments to suspend red-light camera programs,at least for the time being. Several cities in South Florida are contemplating or have recently decided to stop using red-light cameras;the village of Royal Palm Beach,for example,has indefinitely put off financial penalties from red-light cameras because police officers"concluded that more than 90 percent of the evidence sent for their review during a warning period did not deserve a$125 sock in the wallet."226 Pembroke Pines leaders are furious about their financial losses and claim they will terminate or not renew their contract with the red- light camera company if it does not compensate them for all past and future costs sustained in the city's red-light camera program. 227 Were red-light programs having the effect intended,it seems unlikely that local governments would give them up or consider giving them up so easily. Clearly, at least for these communities,any revenue generated or potential increase in traffic safety may not be large enough to justify the red-light camera programs. Finally, as one scholar recently noted,"[t]he proliferation of public surveillance raises serious privacy concerns." 228 Recently, red-light*1809 camera footage resulted in the arrests of two men for stealing over a dozen cows in Auburndale, Florida.229 While few would argue that these men did not deserve to be caught,this story is a reminder that cameras are everywhere, watching everything that we do, and no violation of the law is certain to go unseen. But neither is any innocent,law- abiding behavior likely to escape notice as the presence of public surveillance technology increases. And in light of their questionable benefits,red-light cameras'intrusiveness rankles all the more,whether it rises to the level of a constitutional violation or not. Conclusion Without joining either side,this Note acknowledges that there is a current and heated debate within Florida concerning the use of red-light cameras to issue traffic citations,as authorized by the Mark Wandall Traffic Safety Act. Strong arguments can be made both for and against this policy,but there are some who simply refuse to accept it. If they hope to end all use of red- light cameras in the state,however,they will need to acknowledge that judicial opinion is overwhelmingly against them,both in Florida and beyond. Instead of contesting the application of the statute and its effects on constitutional protections, opponents will need to focus more on the policy behind it.If the Act was intended to improve traffic safety,there is evidence that red-light cameras may have the opposite effect. If the Act was intended to generate revenue,it is falling short of its goals. It does not hurt to continue making constitutional arguments in court,particularly on privacy interest grounds,if only to discourage local governments from continuing to use red-light cameras in the face of legal controversy. Ultimately, however,these arguments need to be made on the floors of the Florida House and Senate if opponents of red-light cameras want them stopped once and for all. Footnotes al J.D.expected,2013,University of Florida Levin College of Law.Much thanks to my family,and to the members and staff of the Florida Law Review. SEEING RED: THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla. L. Rev. 1783 ©2016 Thomson Reuters. No claim to original U.S. Government Works. 14 1 Josh On,Death Inspires Traffic Activism,Sarasota Herald-Trib.,Oct.20,2006,at BS 4,available at http:// www.heraldtribune.com/ article/20061020/COMMUNITY/610200315?p=1&tc=pg. 2 Id. 3 Id. 4 Fred O.Dickinson,Traffic Crash Statistics Report 2003,Fla.Dep't Highway Safety&Motor Vehicles,28(Aug.2004),http:// www.flhsmv.gov/hsmvdocs/cf2003.pdf. 5 On,supra note 1;see also Our Mission,The Mark Wandall Foundation, http://www.themarkwandallfoundation.org/ourmission.html (last visited May 28,2012). 6 Elysa Batista,Crist Signs Fla.Bill Legalizing Red Light Cameras,Naples Daily News,May 13,2010,available at http:// www.naplesnews.com/news/2010/may/13/crist-signs-fla-bill-legalizing-red-light-cameras/. 7 On,supra note 1. 8 Id. 9 Batista,supra note 6. 10 Crist Signs Florida Bill Legalizing Red Light Cameras,Palm Beach Post,May 13,2010,available at http://www.palmbeachpost.com/ news/state/crist-signs-florida-bill-legalizing-red-light-cameras-687354.html. 11 Batista,supra note 6. 12 Id. 13 Crist Signs Florida Bill Legalizing Red Light Cameras,supra note 10. 14 Batista,supra note 6. 15 Id. 16 Id. 17 Id. 18 See Memorandum:Governor Crist Signs Legislation Creating the Mark Wandall Traffic Safety Act,The Mark Wandall Found.(May 13,2010),http:/I www.themarkwandallfoundation.org/MEMORANDUM.pdf.In addition to thanking bill sponsors Senator Thad Altman and Representative Ron Reagan for their efforts to get the legislation approved by both the house and the senate, Governor Crist commended Melissa Wandall,"whose determination and perseverance,along with the strong support of the law enforcement community,was instrumental in the passage of this law."Id. 19 Batista,supra note 6. 20 Id. 21 Ch.2010-80,Laws of Fla.,available at http://laws.flriles.org/2010/80. 22 See,e.g.,Nathan Koppel,One Lawyer's Crusade Against Red Light Cameras,Wall St.J.Law Blog(Aug.29,2011, 1:18 PM), http://blogs.wsj.com/law/2011/08/29/one-lawyers-crusade-against-red-light-cameras/("Supporters say cameras are an efficient way to enforce traffic laws and ensure public safety.But critics contend that the cameras violate due-process rights,in part because alleged violators are automatically ticketed and don't have the right to argue their innocence.");see also infra Section I.C. 23 Red-Light Safety,Am.Traffic Solutions,http://www.atsol.com/solutions/red-light-safety/(last visited Sept. 14,2012). 24 Id. SEEING RED: THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla. L. Rev. 1783 ©2016 Thomson Reuters. No claim to original U.S. Government Works. 15 25 Id. 26 Id. 27 Id. 28 See id. 29 Id. 30 Fla. Stat. §316.0076(2012). 31 Id. §316.008. 32 Id. §316.0083. 33 Id. 34 Id. 35 Id. 36 Id. 37 Id. 3 8 Id. 3 9 Id. 40 Id. 41 Id. 42 Id. 43 Id. 44 Id. 45 Id. 46 Id. 47 Id. 48 Batista,supra note 6. 49 Id. 50 Crist Signs Florida Bill Legalizing Red Light Cameras,supra note 10. 51 Op.Att'y Gen.Fla. 97-26(1997);see also Op.Att'y Gen.Fla.2005-41 (2005). 52 Op.Att'y Gen.Fla. 97-26(1997). 53 Fla. Stat. §316.002(1997).in relevant part: It is the legislative intent in the adoption of this chapter to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities. .. .It is unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter. Id. SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla. L. Rev. 1783 ©2016 Thomson Reuters. No claim to original U.S. Government Works. 16 54 Chapter 316 is commonly called the"Florida Uniform Traffic Control Law."Id. §316.001. 55 Op.Att'y Gen.Fla.97-26(1997). 56 Id. 57 Id. 58 Id. 59 Id.The relevant statutory section provided as follows: Evidence of the speed of a vehicle measured by any radar speed-measuring device shall be inadmissible in any proceeding with respect to an alleged violation of provisions of law regulating the lawful speed of vehicles,unless such evidence of speed is obtained by an officer who.. .(b)[h]as made an independent visual determination that the vehicle is operating in excess of the applicable speed limit. Fla. Stat. § 316.1906(2)(1997).This provision remains unchanged today. See id. §316.1906(2). 60 Op.Att'y Gen.Fla.2005-41 (2005). 61 Id. 62 Id. 63 Id. 64 Crist Signs Florida Bill Legalizing Red Light Cameras,supra note 10. 65 Udowychenko v. City of Orlando,No.2009-CA-26741,2010 WL 3393118(Fla. 9th Cir.Ct.Aug. 9,2010). 66 Id. 67 Id. 68 Id. 69 Id. 70 Id. 71 Id. 72 See supra Section I.A. 73 Communities Using Red Light and/or Speed Cameras,his.Inst.Highway Safety, http://www.iihs.org/laws/auto_enforce_cities.aspx (last visited May 28,2012). 74 Red Light Camera State Portion Collection by Jurisdiction,Fla.Dept Revenue,available at http://dor.myflorida.com/dor/taxes/ red_light_camera_coll/rlcr_fyl2.xls. 75 Id. 76 See Fla.Stat. §316.0083(2012). 77 Batista,supra note 6. 78 Id. 79 As of July 2011,slightly over a year after the Act became effective,a total of$19,774,851 had been remitted to the Department of Revenue through the Red Light Camera Remittance System.Red Light Camera State Portion Collection by Jurisdiction,Fla. Dep't Revenue,available at http://dor.myflorida.com/dor/taxes/red_light_camera_coll/rlcrfyl1.xls. SEEING RED: THE LEGAL BACKLASH AGAINST RED-LIGHT..., 64 Fla. L. Rev. 1783 ©2016 Thomson Reuters. No claim to original U.S. Government Works. 17 80 Batista,supra note 6. 81 Id. 82 Several of the studies discussed in this section predate the implementation of the Act itself,but coincide with the early use of red-light cameras by local governments in Florida.This Note assumes that these findings are representative of the effect red-light cameras have had on traffic collisions and fatalities since the Act became law. 83 Case Study:Apopka,Florida,Am.Traffic Solutions,http://www.atsol.com/results-case-studies-apopka.html(last visited Feb. 16, 2012). 84 Camera Enforcement in 14 Large Cities Reduces Rate of Fatal Red Light Running Crashes By 24 Percent,Ins.Inst.for Highway Safety, 1 (Feb. 1,2011),http://www.iihs.org/news/2011/iihs_news_020111.pdf 85 Richard A.Retting,Two Decades of Photo Enforcement in the United States:A Brief Summary of Experience and Lessons Learned, ITE J.,Nov.2010,at 20,22(emphasis added). 86 Mark Burkey&Kofi Obeng,Urban Transit Inst.,A Detailed Investigation of Crash Risk Reduction Resulting from Red Light Cameras in Small Urban Areas 46(2004),available at http://www.motorists.org/red-light-cameras/Burkey-Obeng 2004.pdf. 87 Id."Our findings are more pessimistic,finding no change in angle accidents and large increases in rear-end crashes and many other types of crashes relative to other intersections. .. .In many ways,the evidence points toward the installation of[red-light cameras] as a detriment to safety."Id. 88 Floridians Support Red Light Cameras,PR Newswire,http://www.prnewswire.com/news-releases/floridians-support-red- lightcameras- 57829247.html(last visited Sept. 15,2012). 89 Anne T.McCartt&Angela Eichelberger,Ins.Inst.for Highway Safety,Attitudes Toward Red Light Camera Enforcement in Cities with Camera Programs 10(2011),available at http://www.iihs.org/research/topics/pdf/r1161.pdf.This same study reported that among the approximately 25%of respondents who did not support red-light cameras,many believed"that cameras can make mistakes, are used to generate revenue rather than for safety,lead to more crashes,and are an invasion of privacy."Id.at 11. 90 Poll Shows Strong National Support for"Red-Light Cameras,"Pub.Opinion Strategies(May 19,2009), http://blog.pos.org/wpcontent/ uploads/news-release-for-red-light-national-draft-3.pd£ 91 Poll Shows Strong National Support for"Red-Light Cameras,"supra note 91. 92 Nat'l Motorists Ass'n,http://www.motorists.org/(last visited Feb. 16,2012). 93 See Red Light Cameras,Nat'l Motorists Ass'n,http://www.motorists.org/red-light-cameras/(last visited Feb. 16,2012). 94 See,e.g.,Ban the Cams.org,http://www.banthecams.org(last visited Feb. 16,2012);CameraFRAUD,http:// www.camerafraud.wordpress.com(last visited Feb. 16,2012). 95 See We are CameraFRAUD,CameraFRAUD,http://www.camerafraud.wordpress.com/why(last visited Feb. 16,2012); NMA Objections to Red Light Cameras,Nat'l Motorists Assn,http://www.motorists.org/red-light-cameras/objections(last visited Feb. 16, 2012). 96 See infra Section II.A. 97 See infra Section II.B. 98 See,e.g.,Stephen Nohlgren,Legal Challenges to Red-Light Cameras Failing Around Tampa Bay,Tampa Bay Times,Nov. 3, 2011, available at http://www.tampabay.com/news/courts/civil/legal-challenges-to-red-light-cameras-failingaround-tampa- bay/1199745 (remarking on Tampa Bay judges'general approval of red-light cameras as a valid method of enforcing traffic laws,issuing citations, and collecting fines,and comparing one Tampa Bay judge's demand to hear all objections to the Act in a single hearing to the judicial approach taken in South Florida,where"drawn out and conflicting rulings.. .have led to dozens of court hearings and mass dismissal of tickets").But see Rick Neale,Many Who Challenge Red Light Camera Tickets Win in Brevard,Fla.Today, Feb. SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla. L. Rev. 1783 ©2016 Thomson Reuters. No claim to original U.S. Government Works. 18 6,2012,available at http://www.floridatoday.com/article/20120206/NEWS01/302060020/Many-who-challenge-red-light- cameratickets- win-Brevard(suggesting that because photo evidence is impossible to cross-examine in court,about two-thirds of the 300 cases contesting red-light cameras were dismissed or resulted in the driver's being found not guilty,and adjudication was withheld in most of the remaining one-third). 99 Trial Order,State v.Vanderpool,No. 8751 LAH,2011 WL 2742641(Fla.Miami-Dade County Ct.July 6,2011). 100 Id. 101 Id. 102 Id. 103 Id.;see also Fla.Stat. §316.0083(2012). 104 Trial Order,Vanderpool,2011 WL 2742641;see also Fla. Stat. §316.0083(2012). • 105 Trial Order,Vanderpool,2011 WL 2742641. 106 Id.(citing Brown v.Giffen Indus.,Inc.,281 So.2d 897(Fla. 1973)). 107 Id.(citing Brown,281 So.2d 897). 108 Id.(citing Brown,281 So.2d 897). 109 Id.(citing Fla. Stat. §90.406(2010)). 110 Id. 111 Id. 112 Id. 113 Id. 114 Id. 115 Id. 116 Id. 117 Id. 118 Id. 119 Id. 120 Id. 121 Id. 122 Id. 123 Id. 124 Id. 125 Id. 126 Id. SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla. L. Rev. 1783 ©2016 Thomson Reuters. No claim to original U.S. Government Works. 19 127 Id. 128 Id. 129 Id. 130 State v. S.E.Fla.Zimmer,No. 11-0056311120A,slip op.(Fla.Broward County Ct.Aug. 17,2011). 131 S.E.Fla.Zimmer,No. 11-005631TI20A(citing Levitz v.State,339 So.2d 655(Fla. 1976)). 132 Levitz,339 So.2d at 656-57. 133 Id.at 657. 134 Id. 135 Id. 136 Id. at 658. 137 Id. 138 Id. 139 State v. S.E.Fla.Zimmer,No. 11-005631T120A(Fla.Broward County Ct.Aug. 17,2011). 140 Id. 141 Id. 142 Id.(citing City of Knoxville v.Brown,284 S.W.3d 330(Tenn.App.Ct.2008)). 143 Brown,284 S.W.3d at 338. 144 Id. 145 Id. 146 Id. 147 Id. 148 Id.at 338-39. 149 Ariel Barkhurst,Cops Cant Write Red-Light Tickets,Broward Judge Rules,S.Fla.Sun Sentinel,June 8,2011,available at http://articles.sun-sentinel.com/2011-06-08/news/fl-red-light-cameras-unconstihrtional20110608_1_red-light-cameras-red- lighttickets- red-lights. 150 Id. 151 Id.(internal citation omitted)(alteration in original). 152 Id. 153 Id. 154 See Dave Heller,Red Light Cameras Survive Repeal Effort in Florida,First Coast News,May 11,2011,available at http:// www.firstcoastnews.com/news/article/203851/4/Red-Light-Cameras-Survive-Repeal-Effort-in-Florida. 155 H.B.4087,2011 Leg.(Fla.2011). SEEING RED: THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla. L. Rev. 1783 ©2016 Thomson Reuters. No claim to original U.S. Government Works. 20 156 Aaron Deslatte,House Votes to Deep-Six Red-Light Cameras,S.Fla.Sun Sentinel(May 2,2011,4:41 PM),available at http:// weblogs.sin-sentinel.com/news/politics/dcblog/2011/05/house_votes_to_deepsix_redligh.html. 157 Id. 158 Id. 159 S.B.672,2011 Leg.(Fla.2011). 160 SB 672:Uniform Traffic Control,The Florida Senate,http://www.flsenate.gov/Session/Bill/2011/0672(last visited May 29, 2012). 161 Id. 162 Katherine Albers,Lawmakers to Consider Repealing Red-Light Cameras,Naples Daily News,Dec.28,2011,available at http:// www.naplesnews.com/news/2011/dec/2 8/lawmakers-to-c onsider-repealing-red-light/. 163 H.B.4177,2012 Leg. (Fla.2012). 164 S.B. 1542,2012 Leg. (Fla.2012). 165 HB 4177:Traffic Infraction Detectors,The Florida Senate,http://flsenate.gov/SessionBill/2012/4177(last visited May 28, 2012); SB 1542:Traffic Infraction Detectors,The Florida Senate,http://flsenate.gov/SessionBill/2012/1542(last visited May 28, 2012). 166 552 F.3d 564(7th Cir.2009). 167 Id.at 568. 168 Id. at 565-66. • 169 Id. at 566. 170 Id. 171 Id. 172 Id.at 567. 173 Id. 174 Id. 175 Id. • 176 374 F.App'x 518(5th Cir.2010). 177 Id. at 520. 178 Id. 179 Id. 180 Id. at 521. 181 Id. at 521 n.2. 182 Los Angeles Red Light Cameras to Shut Off,Huffmgton Post,July 27,2011,available at http://www.huffmgtonpost.com/2011/07/27/ los-angeles-red-light-cameras_n_911577.html?view=screen. 183 Id. SEEING RED: THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla. L. Rev. 1783 ©2016 Thomson Reuters. No claim to original U.S. Government Works. 21 184 See,e.g.,Cooper J. Strickland,Lights,Camera.. .Ticket:Red Light Cameras After Idris v.City of Chicago, 10 N.C.J.L. & Tech. Online Ed. 119,121 (2009)(noting that"[t]he Idris Court's analysis will likely have a negative impact on future Fourteenth Amendment challenges of red light camera technology and owner liability presumptions."). 185 Joel O. Christensen,Note,Wrong on Red:The Constitutional Case Against Red-Light Cameras,32 Wash.U.J.L&Pol'y 443,446 (2010). 186 Paul McNaughton,Comment,Photo Enforcement Programs:Are They Admissible Under the United States Constitution?, 43 J. Marshall L.Rev.463,463(2010). 187 State v.Arrington,95 So. 3d 324(Fla.4th Dist. Ct.App.2012). 188 Id. at 325;see also supra notes 149-53 and accompanying text.Section 316.075 provides that"[v]ehicular traffic facing a steady red signal shall stop before entering the crosswalk on the near side of the intersection or,if none,then before entering the intersection and shall remain standing until a green indication is shown."Fla.Stat. §316.075(1)(c)(2012)."A violation of[section 316.075] is a noncriminal traffic infraction."Id. §316.075(4). 189 Arrington,95 So.3d at 325. 190 Id. at 326(quoting Fredman v.Fredman,960 So.2d 52,59(Fla.2d Dist. Ct.App.2007)). 191 Id. at 327. 192 Id. 193 Id. 194 Id. 195 Id. 196 City of Aventura v.Masone,89 So.3d 233(Fla. 3d Dist.Ct.App.2011). 197 Florida Appeals Court Upholds City Red Light Cameras,CBS Miami(Nov. 30,2011,2:01 PM),http:// miami.cbslocal.com/2011/11/30/fla-appeals-court-upholds-city-red-light-cameras/. 198 Masone,89 So.3d at 234. 199 Id. at 234-35. 200 Id. at 235. 201 Id.at 234. 202 Memorandum:Governor Crist Signs Legislation Creating the Mark Wandall Traffic Safety Act,supra note 18. 203 Masone,89 So. 3d at 235. 204 Id.;see also supra notes 52-63 and accompanying text. 205 Masone,89 So.3d at 235. 206 Id. 207 Id. 208 Id.at 236. 209 Id.at 235(quoting Fla.Const.art.VIII, §2(b)). SEEING RED: THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla. L. Rev. 1783 ©2016 Thomson Reuters. No claim to original U.S. Government Works. 22 210 Id.at 237. 211 See supra Section II.B. 212 Albers,supra note 163. 213 H.B.4177,2012 Leg.(Fla.2012). 214 S.B. 1542,2012 Leg.(Fla.2012). 215 See supra text accompanying notes 83-88. 216 Barbara Langland-Orban et al.,An Update on Red Light Camera Research:The Need for Federal Standards in the Interest of Public Safety,8 Fla.Pub.Health Rev. 1,7(2011). 217 Id.at 2. 218 Id.at 5. 219 On,supra note 1. 220 Langland-Orban et al.,supra note 216,at 7. 221 See supra text accompanying notes 75-82. 222 See supra text accompanying notes 75-79. 223 Ariel Barkhurst,5,000 Broward and Palm Beach County Red-Light Camera Ticket Recipients Don't Have to Pay, S.Fla.Sun Sentinel,Feb. 10,2012,available at http://articles.stn-sentinel.com/2012-02-10/news/fl-red-light-camera-ticketdelay- 20120209_1_american-traffic-sohrtions-red-light-runners-red-light-camera. 224 Id.;see Fla.Stat. §316.0083(2011). 225 Barlhurst,supra note 223("Based on the number of tickets that weren't processed within the time limit,Pembroke Pines will lose about$200,000.Margate will lose more than$74,000,and Fort Lauderdale will lose about$40,000.Sunrise will lose$20,000. Boynton Beach will lose$18,000."). 226 Charles Elmore,Royal Palm pulls back on fines from red-light cameras,The Palm Beach Post(Feb. 9,2010,6:34 PM), available at http://www.palmbeachpost.com/news/news/traffic/royal-palm-pulls-back-on-fines-from-red-light-came/nL4XH/. 227 Barkhurst,supra note 223. 228 Timothy Zick,Clouds,Cameras,and Computers:The First Amendment and Networked Public Places,59 Fla.L.Rev. 1,14- 18(2007) (discussing the development of modern surveillance technology,including red-light cameras,and its effects on public expression, and concluding that because"[o]fficials will no longer be limited to policing expression that they happen to witness on the scene and in real time,"citizens may alter their expressive behavior in public). 229 Matthew Pleasant,Two Arrested in Cattle Theft,Caught on Red-Light Camera Footage,Ledger,Feb. 1,2012,http:// www.theledger.com/article/20120201/NEWS/120209965?p=1&tc=pg. Commenting on the cattle-rustling arrests,Sheriff Grady Judd remarked:"Isn't it interesting that one of the oldest theft schemes was stopped by one of the most modern tools?"Id. 64 FLLR 1783 End of Document©2016 Thomson Reuters.No claim to original U.S.Government Works. . SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev. 1783 • 64 Fla.L.Rev. 1783 Florida Law Review December,2012 Note SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT CAMERAS IN FLORIDA Nicole Kuncl"� Copyright(c)2012 Florida Law Review;Nicole Kuncl Abstract This Note will examine Florida's Mark Wandall Traffic Safety Act,which authorizes the use of traffic infraction detectors(red- light cameras)to enforce traffic laws.Florida,like many other states,currently finds itself in the midst of a heated debate over the use of red-light cameras to issue traffic citations. Strong arguments can be made both for and against this policy,but there are some who absolutely refuse to accept it, for both constitutional and practical reasons. If opponents hope to end all use of red-light cameras in the state, however,they will need to acknowledge that judicial opinion is overwhelmingly against them, both in Florida and beyond. This Note will argue that the proper(and perhaps only)venue for change in this instance is the Florida legislature. After presenting the essential components of the Act,Part I of this Note provides a brief overview of the use of red-light cameras in Florida,and the debate over its legality prior to legislative sanction. Part I will conclude by considering the success of and popular response to the Act and to red-light cameras generally.Part II examines some of the specific challenges that have been raised against the Act in Florida in an attempt to discover why some have succeeded but most have failed.To that end,Part III looks beyond Florida to consider similar policies enacted in other states,and the judicial, legislative,and popular responses to these policies across the nation.Viewing the fight against red-light cameras in Florida within the broader context of the ongoing debate throughout the country,this Note will argue that those who oppose the Act must learn from others'mistakes.Finally,Part IV considers the most recent and ongoing attempts to defeat red-light cameras in Florida,suggesting that ultimate victory will be achieved(if at all)in Florida's legislature,not its courts.This Note concludes by offering a few of the arguments opponents must make on the floors of the Florida House and Senate if they want to stop red-light cameras once and for all. Introduction 1784 I.Authorization and Use of Red-Light Cameras in Florida 1787 A.An Overview of the Act's Parameters 1787 B.The Use of Red-Light Cameras and the Debate over its Legality Prior to Passage of the Act 1789 1.Questioning the Legality of Red-Light Cameras 1790 2.Judicial Involvement and the Use of Red-Light Cameras Despite Illegality 1791 C. Success of and Popular Response to the Act 1792 1.Revenues,Health,and Safety 1793 2.Popular Opinion 1794 [1. Legal Challenges to the Act 1795 A.Judicial Responses to Legal Challenges in Florida's Courts 1796 I.Miami-Dade County 1796 2. Broward County 1799 B. Stalled Attempt to Repeal the Act Legislatively 1801 Ill. Beyond Florida 1802 IV.The Case Against Red-Light Cameras in Florida 1804 A.Prospects for Success in Florida's Courts 1804 • • SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L. Rev.1783 B.Prospects for Success in Florida's Legislature 1806 Conclusion 1809 *1784 Introduction Mark Wandall, a passenger in his brother-in-law's car,was killed in October 2003 when another motorist ran a red light and collided with his vehicle. 1 The driver who caused the crash was distracted,talking to a child in the backseat,when the traffic violation occurred.2 Nineteen days after his death,Wandall's wife,Melissa,gave birth to a daughter,Madison.3 Tragic as this story is,Wandall's was but one of 109 fatal *1785 crashes and over 8,000 total collisions caused by a driver's failure to stop at a traffic signal in Florida that year alone.4 Inspired by her personal tragedy,Melissa Wandall established the Mark Wandall Foundation 5 and led lobbying efforts in the Florida Legislature to pass a law named for her late husband.6 For several years she actively promoted the proposed Mark Wandall Traffic Safety Act(the Act)that would legalize the installation of cameras)at traffic intersections throughout the state of Florida.7 This proposed legislation would authorize local governments to use these traffic infraction detectors (red-light cameras)to issue traffic citations in an effort to stop red-light runners once and for all.3 Prior to consideration of this Act,no state law expressly permitted or prohibited the use of such cameras by local governments in Florida.9 Nevertheless,under dubious legal authority,approximately thirty Florida cities and counties had already enacted local ordinances allowing the installation and use of such cameras to cite drivers for traffic violations.10 Approving the Act would therefore do no more than legalize an existing practice widely employed by local governments throughout the state.11 Despite its prevalence, however, Florida legislators were initially unwilling to rubber-stamp the use of cameras to enforce traffic laws.12 Over the course of several years,lawmakers repeatedly rejected the proposed legislation that would authorize the practice.13 According to opponents of the Act,the use of these cameras was merely an attempt to raise local revenues at the expense of drivers'privacy rights and individual liberties. 14 When the Act finally passed in both houses of the Florida Legislature in 2010,opponents urged the Governor to veto the bill.15 *1786 AAA(formerly the American Automobile Association)argued that the bill"was more about raising money for state and local government coffers than it was about safety."16 Florida Representative Tom Grady,who questioned the constitutionality of traffic cameras,wrote a letter to Governor Charlie Crist urging a veto.17 When the Governor signed the Mark Wandall Traffic Safety Act into law on May 13,2010,over these objections,18 Representative Grady publicly expressed his disappointment. 19 Calling the cameras intrusive,Representative Grady warned:"We are going to see a lot of litigation over red light cameras."20 Florida's Mark Wandall Traffic Safety Act21 has become the center of a heated debate between those who believe our streets are now safer and those who contend that the law is both unconstitutional and counterproductive.22 Without arguing against red-light cameras,this Note will suggest to those who oppose them that some of their favorite arguments are falling on deaf ears,and it might be time to adjust their strategy. After presenting the essential components of the Act,Part I provides a brief overview of the use of red-light cameras in Florida and the debate over its legality prior to legislative sanction.Part I concludes by considering the success of and popular response to the Act and to red-light cameras generally.Part II examines some of the specific challenges that have been raised against the Act in an attempt to discover why some have succeeded but most have failed.To that end,Part III looks beyond Florida to consider similar policies enacted in other states,and the judicial,legislative,and popular responses to these policies across the nation.Viewing the fight against red-light cameras in Florida within the broader context of the ongoing debate throughout the • SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev. 1783 country,this Note will argue that those who oppose the Act must learn *1787 from others'mistakes.Finally,Part IV considers the most recent and ongoing attempts to defeat red-light cameras in Florida,suggesting that ultimate victory will be achieved (if at all)in Florida's legislature,not its courts.This Note concludes by offering a few of the arguments opponents must make on the floors of the Florida House and Senate if they want to stop red-light cameras once and for all. I.Authorization and Use of Red-Light Cameras in Florida To frame this discussion,it will be helpful to start with a brief explanation of how red-light cameras work,and then to provide an overview of the Act's essential elements authorizing their use. Following that,this Part takes up the debate over red-light cameras in Florida from the very beginning.Before implementation of the Act,local governments throughout Florida began to install and use red-light cameras without permission from the Florida Legislature.Amid doubt concerning whether an express grant of authority was necessary to make this practice lawful,local governments fielded challenges from two Florida attorneys general and from countless citizens who questioned the constitutionality of such a policy.Finally,this Part examines the Act's success,and the popular opinion surrounding red-light cameras. A.An Overview of the Act's Parameters Before delving into the law,consider one example of how red-light cameras operate:The current state of the art,according to the red-light camera provider American Traffic Solutions,is a single high-resolution camera mounted to the overhead pole from which traffic lights are suspended.23 From there, the camera can simultaneously view all lanes of the intersection beneath it and can record"all the information needed to prosecute a red-light violation."24 The camera captures two images from the rear of any vehicle that passes through the intersection under a steady red light.25 The first is an image of the vehicle before it enters the intersection,with its front wheels behind the line at which it is supposed to stop, and a red light illuminated in the traffic signal above it.26 The second is an image of the vehicle after it has entered the intersection,with its rear wheels beyond the line at which it should have stopped,and the red light still illuminated overhead.27 From either of these two images capturing the violation,American Traffic Solutions makes it *1788 possible to extract a picture of the vehicle's license plate.28 "In addition to the two violation images,the[camera] system captures a 12-second video clip confirming the violation as the vehicle runs the red light.This feature provides law enforcement with further evidence of the violation."29 Florida's Mark Wandall Traffic Safety Act gives the state all regulatory power over the use of red-light cameras to enforce traffic control laws.3° The Act permits counties and municipalities to use red-light cameras to enforce certain traffic laws,specifically where a driver fails to stop at a red light on any street or highway within its jurisdiction.31 The Act explicitly authorizes Florida counties and municipalities to permit traffic officers to issue citations for such violations upon review of information captured by red-light cameras.32 However,the Act is intended not to replace but to supplement the regular enforcement of traffic laws by officers.33 Thus, it does not preclude a law enforcement officer from issuing a citation to a driver for failing to stop at a red light,in accordance with traditional traffic enforcement.34 Within thirty days following the capture of the violation on camera, the Act requires the county or municipality to send notification by first-class mail to the registered owner of the vehicle involved in the traffic infraction.35 That notification must specify the statutory remedies available to the vehicle owner.36 It must also notify the vehicle owner of his obligation to pay a fine of$158 or to provide an affidavit within thirty days establishing why he should avoid court fees,costs,and the issuance of a traffic citation.37 The Act further requires notification to the owner of the vehicle of his right to review the photographic or video evidence, which constitutes a rebuttable presumption against him.38 If the owner does not pay within thirty days, ., ' .2 : f;: .., %i i •� ".t .s... s s .3f`V s ',AI0?' SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev.1783 the Act authorizes the issuance of a uniform traffic citation sent by certified mail to the owner of the vehicle involved in the traffic violation.39 *1789 The registered owner of the vehicle involved in the traffic infraction can potentially escape liability under the Act's terms.40 The owner of the vehicle will not be held liable for payment of the citation if he can establish one of four circumstances: (1)the vehicle passed through the red light to yield to an emergency vehicle or as part of a funeral procession; (2)the vehicle passed through the intersection at the direction of a law enforcement officer;(3)the vehicle was in the"care,custody,or control of another person"at the time of the infraction; or(4)a uniform traffic citation for the violation was issued to the driver by a law enforcement officer.41 The owner must submit an affidavit to establish that one of these four circumstances exists.42 The Act makes the submission of a false affidavit a second-degree misdemeanor.43 - Under the Act, no individual may receive a commission from the revenue collected in conjunction with red-light camera citations.44 No manufacturer or vendor may receive a fee or remuneration based on the number of violations detected by red- light cameras.45 All fines collected and assessed must be paid weekly to the Florida Department of Revenue.46 Of the$158 collected for each infraction,the Act directs that$100 be remitted for deposit in the General Revenue Fund; $45 goes to the municipality in which the violation occurred;$10 for deposit in the Department of Health Administrative Trust Fund;and$3 for deposit in the Brain and Spinal Cord Injury Trust Fund.47 In addition,automobile insurance companies cannot use violations caught on camera to raise the insurance rates of a vehicle's owner.48 And points cannot be assessed against the vehicle owner's driver's license as a result of any camera-enforced violation.49 B.The Use of Red-Light Cameras and the Debate over its Legality Prior to Passage of the Act The current debate over whether local governments ought to be allowed to use red-light cameras to issue citations for traffic infractions is not new. More than two dozen cities and counties throughout Florida had local ordinances permitting red-light cameras before Governor Crist signed the bill officially legalizing their use.5° Not surprisingly, questions concerning the constitutionality and wisdom of enacting such policies *1790 were raised then,as they are now.However,without an explicit legislative grant of authority,a large part of the debate centered on whether local governments could lawfully enact such policies at all. 1.Questioning the Legality of Red-Light Cameras Two recent Florida Attorney General Advisory Legal Opinions addressed the issue of red-light cameras. Florida Attorney General Robert A.Butterworth issued the first in response to the Palm Beach County Commission's request for information on the legality of using unmanned cameras to issue traffic citations.51 The opinion conceded that the use of cameras to capture images of vehicles that failed to stop at red lights was not precluded by law,but advised that the images taken by these cameras could not serve as the sole basis for issuing citations;citations based on such recorded images were simply illegal.52 The opinion reached this result after considering Florida Statutes section 316.002,53 which prohibited counties from enacting ordinances in conflict with any section of Florida Statutes Chapter 316.54 According to the attorney general,the language used in several sections of Chapter 316 suggested that in order to issue a traffic citation,Florida law required the personal knowledge of,or observation or investigation by,a law enforcement officer of the particular traffic violation at issue.55 While the statutes explicitly authorized the local use of electronic security devices to monitor traffic,moving beyond mere monitoring to actually issuing citations for traffic violations on the basis of electronic observations was thus in direct conflict with several sections of Chapter 316.56 Specifically,it conflicted with those sections requiring that citations be issued only upon personal knowledge, SEEING RED:THE LEGAL,BACKLASH AGAINST RED-LIGHT.,.,64 Fla.L.Rev.1783 observation,or investigation of the infraction by an officer.57 Therefore,the practice was illegal.58 Interestingly,the attorney general rationalized *1791 this outcome by comparing the use of unmanned cameras to the use of electronic speed measuring devices,which under Florida law required that an officer make an independent visual determination that a vehicle was moving in excess of the speed limit.59 In 2005,Florida Attorney General Charlie Crist(who would sign the Act into law as governor five years later)reaffirmed this position in a second Advisory Legal Opinion.The opinion was issued in response to a request by the attorney for the City of Pembroke Pines for information regarding the use of unmanned cameras to monitor traffic violations.60 Again, the opinion conceded that Chapter 316 authorized the use of cameras to record violations of traffic laws, but advised that these cameras could not legally be used to issue citations.bl Relying heavily on the reasoning set out in the earlier opinion,Attorney General Crist explained that the issuance of citations upon electronic recording of violations conflicted with the requirement of an officer's personal knowledge,observation,or investigation of the infraction.It also conflicted with a Florida statutory provision regulating the enforcement of traffic control laws and the penalization of those who violated them.62 Clearly,legislative action was required before local governments could lawfully issue citations for traffic violations observed solely by an unmanned camera.63 2.Judicial Involvement and the Use of Red-Light Cameras Despite Illegality But this conclusion was not so clear as far as many cities and counties throughout Florida were concerned.That these advisory opinions were issued at all reflected the importance of,and disagreement over,this issue statewide.And,as noted above,between twenty and thirty local ordinances authorizing the installation and use of red-light cameras were on the books by early 2010, despite the apparent *1792 illegality of such policies.64 In response, citizens throughout the state turned to the courts for protection against red-light camera citations,arguing the illegality and unconstitutionality of local ordinances allowing them. One such case, Udowychenko v. City of Orlando, was initiated before the Act became effective but concluded after its adoption.65 At issue in that case was whether the City of Orlando could lawfully use cameras to fine drivers whose vehicles were observed running red lights.66 Plaintiffs argued that it could not,and further that the ordinance violated the constitutional guarantee of due process,insofar as it impermissibly shifted the burden of proof from the city to the drivers.67 Ultimately,the circuit court held the challenged ordinance unlawful.Because it was adopted in 2007-several years before the Act's adoption-the ordinance's provisions were preempted by the conflicting standardized requirements for red-light camera use recently established by the state.68 The court cited Attorney General Crist's 2005 nonbinding Advisory Legal Opinion as one reason behind the conclusion that the city could not lawfully use red-light cameras to issue traffic citations prior to legislative action.69 In its holding, the court rejected the arguments that nearly thirty municipalities had adopted red-light camera ordinances,that the practice was implicitly legal,and that the legislature had created the Act only to preempt regulation of red-light camera use exclusively to the state.70 According to the court,regulation of such policies had always been preempted • by the state,and the recent legislation was merely a clarification of that already-existing rule.71 C.Success of and Popular Response to the Act Whether or not one agrees with that analysis,local governments in Florida are now legally authorized to use red-light cameras, both to monitor traffic and to issue citations for traffic infractions,as long as they follow the specific provisions outlined in the Act.72 As of May 2012,seventy-two Florida communities were either operating red-light camera programs or had begun the process of installing red-light camera *1793 technology pursuant to this legislative grant of authority.73 It is unclear,however, SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGH;...,64 Fla.L.Rev. 1783 whether or to what extent the Act has achieved what its proponents hoped it would.Moreover,while popular sentiment about the cameras is mixed,those who dislike the Act are making their opposition heard loud and clear. 1.Revenues,Health,and Safety As of January 2012,the Red Light Camera Remittance System has resulted in a total of$25,650,568 remitted to the Department of Revenue.74 Of this amount,$21,632,822 has gone to the General Revenue Fund; $3,090,463 to the Department of Health Administrative Trust Fund;and$927,282 to the Brain and Spinal Cord Injury Trust Fund.75 This distribution of funds,explicitly prescribed in the Act,76 was the reason why AAA urged Governor Crist to veto the Act entirely.77 The organization"contended that too little of the money will go to health care and too much to general government spending."78 Moreover,the total revenue generated in the first year,while substantial,79 fell far short of the$29 million figure projected by state economists.so It is unlikely that revenue will reach the$95 million projected for 2013-2014.8 1 Furthermore,while there is some evidence suggesting that red-light cameras reduce the number and severity of traffic fatalities and collisions,there are also studies tending to prove otherwise.42 American Traffic Solutions,a nationwide provider of red- light cameras,reports that after Apopka,Florida,installed its cameras in 2007(becoming the first jurisdiction in Central Florida to install cameras and the second in the entire state to do so),the number of traffic signal violations dropped by 88%in a single year, and crashes decreased at two intersections by *1794 64% and 72% respectively.83 Another study, conducted by the Insurance Institute for Highway Safety(IIHS), found that between 2004 and 2008, red-light cameras in the fourteen largest U.S.cities saved 159 lives and reduced fatal red-light running collisions by 24%.84 But it is not all good news. An independent evaluation by the Institute of Transportation Engineers found that "[s]tudies conducted using appropriate methods generally show that[red-light camera]enforcement is associated with large reductions in red light violations and significant reductions in injury crashes,and in some cases, increases in rear-end crashes."85 A study conducted by the Urban Transit Institute for the U.S.Department of Transportation did not support the conclusion that red-light cameras resulted in fewer automobile crashes.86 On the contrary,these researchers found that red-light cameras may actually decrease overall traffic safety.87 2.Popular Opinion Like the research concerning how effective red-light cameras are,signs of popular support for their use in traffic enforcement are mixed.According to American Traffic Solutions,an opinion poll conducted by Telephone Contacts,Inc.in 2007 found that 85%of Floridians support the installation of red-light cameras.88 An IIHS survey of residents of fourteen large U.S.cities with established red-light camera programs reported that two-thirds of respondents supported red-light cameras,and 42% strongly supported them.89 Another poll, conducted by Public *1795 Opinion Strategies, found that 69% of Americans supported installing red-light cameras at the most dangerous intersections in their states,while only 29%opposed the idea.90 Interestingly, despite this apparent support for camera installation,the poll also found that by a 41%to 47%margin,voters were more likely to believe that most residents in their state opposed red-light cameras.91 Perhaps this is because those who object to red-light cameras are so vocal about it.There is strong evidence that at least a portion of the population in Florida is adamantly opposed to red-light cameras. The National Motorists Association, an organization founded in 1982 to promote motorists'rights generally,92 has taken a firm stance against red-light cameras.93 This group is not alone.The Internet is rife with websites dedicated to fighting red-light cameras in Florida and beyond.94 These sites compile links to relevant news stories,research studies,and other websites-all of which oppose the use of red-light cameras-in an effort SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev. 1783 to provide information to the public at large.These sites present arguments,among others,that red-light cameras are unsafe,a violation of constitutional rights,instituted solely to generate revenue, and an invasion of privacy.95 Many individuals,after receiving notice of a violation caught on camera,have mounted attacks against the red-light cameras in court.96 And Florida legislators have joined the cause,attempting to repeal the Act beginning just one year after it was passed.97 II.Legal Challenges to the Act With so many opponents before the Act ever came into existence, it is no surprise that the legislation became the subject of legal attacks from every direction as soon as it was signed.But so far,the Act has survived every challenge. *1796 A.Judicial Responses to Legal Challenges in Florida's Courts Opponents of the Act,consisting largely of those who have received traffic citations under its authority,have thrown a variety of arguments at the judiciary in a desperate attempt to see what sticks. Most of their efforts have been met with strong resistance from Florida's trial judges,98 who often reject opponents'contentions with little or no explanation.What follows is a consideration of several cases heard in Miami-Dade and Broward Counties,including a look at specific challenges representative of those launched against the Act statewide,and the typical judicial responses to those challenges. 1.Miami-Dade County In July 2011, a Miami-Dade County Court rejected several challenges to the Act and ultimately denied a defendant vehicle owner's motion to exclude video evidence.99 Just over a month earlier,the court had"held an evidentiary hearing to resolve challenges which have been raised in numerous cases to evidence presented to prove the red light camera violations, using Defendant's case as a vehicle to resolve these recurring issues."100 The defendant in that case was charged with failing to obey a traffic control device. 101 The violation had been detected by a red-light camera.102 • The defendant first argued that the city was obligated under the mailing requirements laid out in Florida Statutes section 316.0083 to provide proof that notice of the violation was timely mailed, that is, within thirty days of the violation. 103 If a uniform traffic citation was later issued, proof of the timely mailing of the citation would also be *1797 required. 104 Moreover,the defendant argued that if a traffic citation had been mailed,the city was required to prove that it was delivered to the registered owner of the vehicle involved in the traffic infraction. 115 The court rejected each of these arguments,finding that there was no requirement under Florida law for evidence establishing that the statutory mailing requirements had actually been met in a particular case. 106 Rather,the'court pointed out the long-standing rule that stamped,properly addressed mail is presumed to have been received. 107 The court concluded further that a business(such as the one that owned and operated the red-light cameras involved in the case at hand)need only prove its general office procedure to satisfy the requirements of due mailing and to create a presumption that this ordinary procedure was followed in any particular case. 108 Moreover,the court found that this rule had been codified by Florida's evidence statutes,which admit a business's routine practices without corroboration or testimony by witnesses as proof that the business's conduct in a particular case conformed with routine practices.109 This presumption required only that the mail be correctly addressed to the registered owner of the vehicle, as recorded by the Florida Department of Motor Vehicles (DMV), and that testimony be presented regarding the office's general business practices with respect to mailing. 110 After testimony by several individuals as to the customary practices followed in mailing notices of violations and traffic citations, SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev. 1783 the court found sufficient proof of satisfactory routine practices to raise a presumption that the statute's mailing and notice requirements had been met in that particular instance.1 1 1 Second, the defendant argued that the city bore the burden of proving that the defendant was the true owner of the vehicle committing the violation for which the citation was issued. 112 The defendant contended that the city was required to prove ownership through presentation of a certified copy of DMV records, because the statute held the vehicle's registered owner liable for the violation. 113 At the hearing,substantial evidence showed the process used to obtain *1798 ownership records electronically. 114 The court found that such means produced reliable information sufficient to show ownership. 115 The court rejected the suggestion that the city was required to produce a certified copy of the DMV records in court as "an excessive burden."116 Rather,the court stated that the defendant could easily present his vehicle registration to establish an error in the citation. 117 Third,the defendant objected to the fact that the officer who reviewed the red-light camera video and issued the traffic citation did not appear in court. 118 Rather,due to the high volume of cases,the issuing officer prepared an evidence packet for each hearing, including video and photographic evidence relevant to the citation,which was uploaded onto a laptop computer for presentation in court by a records custodian. 119 The court rejected the suggestion that the officer's presence was required.120 Rather,the court found that the charging document was the citation itself,which was based solely on information contained in the video or photographic evidence. 121 Thus,as long as the records custodian presented in court the evidence packet prepared by the officer,the officer's presence was not required. 122 Nor was the city required to present affirmative proof of the issuing officer's actual training.123 The officer only needed to testify that he was qualified to issue the citation,or, in the case of an absent officer, the city was required to include in evidence an affidavit that the person who issued the citation was certified to do so. 124 Fourth, the defendant objected to the admission of the red-light camera video as evidence.125 The court rejected this last argument as contrary to the Florida Legislature's clear intent as indicated by the express language of the statute.126 The court pointed out,however,that while video evidence was admissible under the statute,the red-light cameras were required to meet certain specifications established by the Department of Transportation (DOT) and to be tested at regular intervals according to those specifications. 127 Standards established by *1799 the DOT had become effective on July 1, 2011. 128 The court therefore found that, as a precondition for the admission of video evidence to support any citation issued on or after July 1, 2011, the city was required to present proof that the red-light cameras met DOT specifications at the time the violation was captured on film. 129 2.Broward County One month after the decision in Miami-Dade, a Broward County Court denied a defendant's motion to dismiss his citation on three separate grounds.130 Citing to the Florida Supreme Court case Levitz v. State (but offering no explanation for its reasoning),the court rejected the defendant's first argument that the statutory scheme authorizing the use of red-light cameras was"impermissibly coercive and[a]violation of Equal Protection."131 In Levitz,the defendant had been issued a citation for driving at an unlawful speed, and was notified that he could either pay a $25 fine or request a hearing, which subjected the defendant to the possibility of receiving the maximum fine of$500. 132 The defendant in that case filed a motion for declaration of the unconstitutionality of the relevant statute,arguing"that it subjected him to a greater penalty when he exercised his right to confront witnesses against him."133 SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev.1783 The county court rejected that argument,and the Florida Supreme Court affirmed its decision.The supreme court found that the Act-allowing individuals to pay a civil penalty for committing certain traffic infractions, or in the alternative to request a hearing to contest the citation-deprived no one of the right to a full and fair hearing. 134 Rather,the statute offered a quicker, more convenient way to comply with the law through payment of a statutorily determined fine-similar to the widely accepted and encouraged practice of plea bargaining.1 The defendant was in essence merely offered a settlement by the statute,which he could freely reject and instead choose to contest the citation.136 All due process guarantees would then be provided to *1800 him. 137 Therefore, the Florida Supreme Court held that the statute complied with due process and equal protection guarantees. 13$ Having dispensed with the defendant's first claim through comparison to Levitz, the Broward County Court rejected the defendant's second argument that the Act did not specifically authorize the issuance of citations to the vehicle's owner. 139 Without explanation,the court found that such authorization was"implicit and contemplated in the statute as a whole."140 Finally,the county court rejected the argument that the Act impermissibly shifted the burden of proof to the defendant. 41 In doing so, the court relied on a Tennessee case as persuasive authority. 142 In that case, the Tennessee Court of Appeals had addressed the argument that a statute authorizing the use of red-light cameras violated the defendant's right to due process.143 According to that argument, the Tennessee statute had created an impermissible presumption of guilt against the registered owner of the vehicle observed violating traffic control laws. 144 This impermissible presumption,so the argument went,could then be rebutted by a showing that the owner had not been in control of the vehicle when it passed through a red light. 145 The Tennessee court found no violation of due process in that case.146 It found instead: (1)that the statute held the vehicle's registered owner liable for the violation,regardless of who actually ran the red light;(2)that the city bore the burden of proving its case;and(3)that the vehicle's owner was statutorily accorded the opportunity under some circumstances to shift responsibility to the actual driver of the car at the time of the violation. 147 Thus,the statute was constitutional,as it held the vehicle's owner liable,and the burden of proving that the vehicle involved in a traffic infraction was registered to a particular individual was at no time shifted away from the city. 148 Just two months earlier,however,a different Broward County Court had ruled that citations issued by law enforcement officers for failure to stop at red lights violated the constitutional guarantee to equal *1801 protection. 149 The court based this conclusion on the fact that fines imposed for such offenses were higher than those imposed in conjunction with red-light camera citations. 150 The court noted in its ruling that"[a] driver who is observed by an officer committing the violation [in the traditional manner] is subjected to more severe penalties and ramifications than a driver who is fortunate enough to have committed the infraction at a 'red light camera' intersection."151 Ted Hollander,the driver's attorney in that case,stated that if the ruling were appealed and upheld at the highest level in Florida,the legislature would finally be forced to eliminate one of the means of issuing citations for running red lights. 152 He predicted that this was likely"the beginning of the end" for red-light cameras in Florida. 153 B.Stalled Attempts to Repeal the Act Legislatively Attorneys like Ted Hollander were likely paying close attention to the near-repeal of the Act by the Florida Legislature earlier that year. 154 Florida House Bill 4087, introduced early in 2011,was an attempt to repeal the authorization to install and use red-light cameras to enforce traffic laws less than a year after the practice had been approved.155 Representative Richard Corcoran, a future house speaker who sponsored the bill,"argued that studies showing lower crash rates have been debunked SEEING.RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev.1783 and the cameras have resulted in tickets that judges have thrown out."156 But a number of lawmakers from Representative Corcoran's own Republican Party opposed the bill, urging fellow lawmakers to wait and give red-light cameras a chance to reduce accidents in Florida.157 In May 2011,the bill passed in the Florida House of Representatives by a narrow margin of 59-57.158 The companion Florida Senate Bill 672 159 was approved by the Senate Transportation Committee before dying in the Senate Committee on *1802 Community Affairs on May 7,2011. 160 The legislative attempt to repeal the Act was then indefinitely postponed and withdrawn from consideration. 161 But Florida Representative Scott Plakon subsequently renewed the effort,filing another measure to repeal the law in December 2011. 162 For a time it seemed that Florida House Bill 4177 16'' and its companion Senate Bill 1542 164 might succeed where all other efforts to eliminate red-light cameras had failed.Both,however,died in committee in early March 2012. 165 III.Beyond Florida Florida is not the only jurisdiction that has addressed the issue of red-light cameras.In Idris v.City of Chicago,166 the United States Court of Appeals for the Seventh Circuit upheld the red-light camera program outlined in the Chicago Code against a due process challenge. 167 In that case, Chief Judge Frank H. Easterbrook,writing for the court,rejected the idea"that vicarious liability offends the substantive component of the due process clause,"calling that argument"a dud."168 The Seventh Circuit explained that "[s]ubstantive due process depends on the existence of a fundamental liberty interest . . . and no one has a fundamental right to run a red light or avoid being seen by a camera on a public street."169 Finding that state action must impinge on some substantive right(lacking in that particular case)before it will be evaluated under substantive due process standards, the court went on to determine whether the program was nevertheless completely arbitrary and therefore failed the rational basis test. 170 On that count,the court upheld the program as rationally related to the legitimate goals of the City of Chicago, finding that"[a] system that simultaneously raises money and improves compliance with traffic laws has much to recommend it and *1803 cannot be called unconstitutionally whimsical."171 Finally, the court rejected the argument that the courtroom procedures the city used to adjudicate citations violated the Due Process Clause.172 That argument was based in large part on the contention that any defenses besides those specifically enumerated in the relevant section of the Chicago Code were unavailable to defendants contesting red-light camera citations.173 The City of Chicago responded, and the court agreed,that all defenses available under state law, including but not limited to those specifically related to red-light camera citations,were available to the defendant contesting a red-light camera citation. 174 Therefore,the program did not run afoul of the constitutional guarantee of substantive and procedural due process.175 In Bell v.Redflex Traffic Systems,Inc.,176 the United States Court of Appeals for the Fifth Circuit was no more sympathetic to opponents of red-light cameras. In that case, appellants argued that Redflex-a company that had installed its cameras in multiple Texas cities-had been operating without a proper license when its cameras captured their traffic violations.177 The court first denied that appellants had standing to allege as injury the fact that their traffic violations would never have been detected had it not been for the cameras installed and operated by Redflex; the interest in evading the law, wrote the court, cannot create standing,because it is not legally protected. 178 The court next refused to recognize an alleged injury caused by the admission in court of"illegally obtained"video evidence as proof of the traffic violation, stating that such evidence had always been permitted in civil traffic violation proceedings.179 Finally, the Court found insufficient evidence to establish a link between Redflex's operation without the proper license and the alleged injury to the privacy interest of appellants. 180 In 2 •.. ,' .. .,. (,:k,./„, • SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev. 1783 so deciding,however,the court allowed that electronically recording images of a vehicle moving through a public intersection may implicate valid privacy concerns. 181 Outside of Florida, it seems, red-light camera opponents have been more successful when focusing on issues like revenue generation and traffic safety,rather than arguing constitutional violations in court.For *1804 example,the City of Los Angeles recently decided to stop using red-light cameras because the program was losing$1.5 million each year. R2 Questions about whether using the cameras actually reduced traffic fatalities also contributed to the decision. 183 It would be wise of red-light camera opponents in Florida to take a lesson. IV.The Case Against Red-Light Cameras in Florida Opponents of the Act, and of red-light cameras generally, are unlikely to accomplish its demise in Florida's courts. Rather, those actively fighting against the legislation ought to consider going straight to the source-the Florida Legislature.By focusing attention on the Act's policy failures,opponents might be able to turn the tide against it. A.Prospects for Success in Florida's Courts In light of cases like Idris and Bell,and the rejection by many Florida trial court judges of the various challenges lodged against the Act and against red-light cameras generally,it maybe difficult to argue successfully that red-light camera citations ought to be eliminated on constitutional grounds. 134 However,there are those who continue to try.One author,for example,contends that"red-light cameras dangerously reverse the presumption of innocence and deprive cited motorists of the fundamental right to confront their accusers."185 Another has argued that state action in the form of red-light camera citations"will have lasting repercussions on an individual's right to interstate travel and personal privacy."186 But those who hope to see the Act stricken from Florida's books on constitutional grounds have recently been dealt some serious blows.In July 2012,Florida's Fourth District Court of Appeal,147 reversed a Broward County trial court order holding Florida Statutes section 316.075 unconstitutional on equal protection grounds. 188 While *1805 section 316.075 prohibits the exact same conduct as does the Act,the trial court had concluded that"a driver who is observed by an officer committing the violation(in the traditional manner)is subjected to more severe penalties and ramifications than a driver who is fortunate enough to have committed the infraction at a 'red light camera' intersection."189 However, "[a]n equal protection analysis is appropriate only if similarly situated individuals are treated differently."190 According to the appellate court, individuals ticketed under section 316.075 are not similarly situated to those ticketed under the Act. 191 Even if they were,the statute would not be unconstitutional,because there is a rational basis for not assessing points against the driver's licenses of those ticketed under the Act. 192 Points are personal; they are assessed against the individual, rather than the vehicle.X93 Because the Act focuses on the vehicle's owner,rather than its actual driver-and because violations of the Act are caught on camera,rather than through observation of the driver by a law enforcement officer-the legislature had a rational basis for choosing not to impose points on those ticketed under the Act.194 Thus, "[s]ection 316.075 is not unconstitutional because of the enforceability,of section 316.0083."195 In November 2011, Florida's Third District Court of Appeal 196 upheld a city ordinance authorizing the use of cameras to observe and penalize drivers who run red lights.197 That decision resulted from the appellate court's review of a trial court order declaring a City of Aventura ordinance invalid and unenforceable. 193 The ordinance at issue authorized the city to use cameras installed at traffic lights to record images of drivers who ran red lights.199 After a traffic control review officer appointed SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev.1783 by the city reviewed the images for accuracy,the ordinance authorized the city to issue notices of traffic violations caught on camera.2'00 *1806 The ordinance had been created in 2007,201 well before the Act was signed into law in 2010.202 The trial court had thus declared the ordinance"an invalid exercise of municipal power without express authority from the Florida Legislature allowing the City to legislate the subject."203 The trial court employed reasoning strikingly similar to that expressed in the two Florida Attorney General Advisory Legal Opinions that had cautioned against issuing citations solely on the basis of photographic evidence.204 More specifically,the trial court reasoned that the city ordinance conflicted with a requirement in the Florida Statutes that an officer observe the commission of a traffic infraction in order for a citation to be issued.205 According to the trial court,the ordinance was therefore invalid.220E The Third District Court of Appeal disagreed and reversed the trial court.207 In doing so, it upheld a city ordinance enacted prior to the Act,without the express authorization of the Florida legislature.703 The court grounded this result partly in the broad police powers and home rule granted to municipalities by the Florida constitution.209 Reasoning that the ordinance in question was not clearly in conflict with any section of the Florida Statutes,and that every reasonable presumption in favor of its constitutionality ought to be indulged,the appellate court found the ordinance valid.210 If Florida appellate courts are unwilling to strike down the use of red-light cameras on constitutional or statutory grounds,even in the absence of express legislative authorization, it is far less likely that they will do so with the Act on the books. Those hoping to eliminate red-light cameras in Florida would be wise, therefore,to turn their attention away from the courts. Most judges-in Florida and beyond-are not buying the constitutional case against red-light cameras. B.Prospects for Success in Florida's Legislature The same cannot be said of Florida's legislators, some of whom have already tried twice to eliminate red-light cameras. The first,attempt to repeal the Act-initiated less than a year after the Act was signed into law-passed by a narrow margin in the Florida House before dying in *1807 the senate.211 Florida Representative Scott Plakon later renewed the effort,filing another measure to repeal the law in December 2011.212 While Florida House Bill 4177 213 and its companion Senate Bill 1542 214 ultimately died in early March 2012,the fact that this second attempt came so swiftly on the heels of the first shows the strength of opposition to red-light cameras among some in Florida's legislature. It is not unlikely,therefore,that there will be another attempt to repeal the Act. Perhaps the third time will indeed be the charm, but that is unlikely unless opponents of the Act have learned from their own previous failures and those of like-minded citizens throughout the nation. Practically speaking, while the constitutional case against red-light cameras in Florida has had little success in court,plenty of convincing arguments against the cameras can be made on the house and senate floors. First of all, uncertainty remains about whether, and to what extent, red-light cameras actually reduce traffic violations and collisions.-215 Rather,some argue that"[a]ttempts to generate revenue through traffic citations are directly contrary to public safety since infractions are increased by improper roadway engineering, creating hazards and expense for the public."216 A critique of multiple studies of red-light camera intersections found that red-light cameras are associated with higher rates of fatal traffic accidents and have not reduced the total number of angle and rear-end crashes.217 This might be explained by the fact that most red-light running collisions result from unintentional red- light running;218 indeed,the driver who caused the accident that killed Mark Wandall was distracted by a child in the backseat.219 And rather than focusing on or mandating installation of red-light cameras, the Federal Highway Administration and the National Highway Traffic Safety Association have recommended intersection engineering analyses and improvements such as lengthening yellow-light timings.220 SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev. 1783 Secondly,while the Act has generated some revenue for the state,it has fallen far short of expectations.221 And there are some who object to *1808 the statutorily prescribed allocation of the funds generated.222 Even worse,American Traffic Solutions, the company operating most of the red-light cameras in Florida,has been unable to handle the volume of violations captured by its cameras and has fallen behind in processing citations.223 Consequently,thousands of red-light runners caught on camera can escape their fines."Florida law says both a traffic ticket,and a second ticket that will go out if the first is not paid,have to be processed within 60 days of a traffic violation.If both tickets aren't processed,the initial fine is still sent.But it can never be enforced."224 Pembroke Pines will lose an expected$200,000 in fines as a result,and other cities expect similar losses.225 Though often unsuccessful, numerous challenges in court to red-light camera citations and to the Act itself have convinced some local governments to suspend red-light camera programs,at least for the time being. Several cities in South Florida are contemplating or have recently decided to stop using red-light cameras; the village of Royal Palm Beach, for example, has indefinitely put off financial penalties from red-light cameras because police officers "concluded that more than 90 percent of the evidence sent for their review during a warning period did not deserve a$125 sock in the wallet."226 Pembroke Pines leaders are furious about their financial losses and claim they will terminate or not renew their contract with the red-light camera company if it does not compensate them for all past and future costs sustained in the city's red-light camera program.227 Were red-light programs having the effect intended,it seems unlikely that local governments would give them up or consider giving them up so easily.Clearly,at least for these communities,any revenue generated or potential increase in traffic safety may not be large enough to justify the red-light camera programs. Finally,as one scholar recently noted,"[tjhe proliferation of public surveillance raises serious privacy concerns."228 Recently, red-light *1809 camera footage resulted in the arrests of two men for stealing over a dozen cows in Auburndale,Florida.229 While few would argue that these men did not deserve to be caught, this story is a reminder that cameras are everywhere, watching everything that we do, and no violation of the law is certain to go unseen.But neither is any innocent, law-abiding behavior likely to escape notice as the presence of public surveillance technology increases.And in light of their questionable benefits,red-light cameras'intrusiveness rankles all the more,whether it rises to the level of a constitutional violation or not. • Conclusion Without joining either side,this Note acknowledges that there is a current and heated debate within Florida concerning the use of red-light cameras to issue traffic citations,as authorized by the Mark Wandall Traffic Safety Act.Strong arguments can be made both for and against this policy,but there are some who simply refuse to accept it.If they hope to end all use of red-light cameras in the state,however,they will need to acknowledge that judicial opinion is overwhelmingly against them,both in Florida and beyond.Instead of contesting the application of the statute and its effects on constitutional protections,opponents will need to focus more on the policy behind it.If the Act was intended to improve traffic safety,there is evidence that red-light cameras may have the opposite effect.If the Act was intended to generate revenue,it is falling short of its goals.It does not hurt to continue making constitutional arguments in court,particularly on privacy interest grounds,if only to discourage local governments from continuing to use red-light cameras in the face of legal controversy.Ultimately,however,these arguments need to be made on the floors of the Florida House and Senate if opponents of red-light cameras want them stopped once and for all. Footnotes al J.D. expected,2013, University of Florida Levin College of Law.Much thanks to my family,and to the members and staff of the Florida Law Review. SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev.1783 Josh Orr,Death Inspires Traffic Activism,Sarasota Herald-Trib.,Oct.20,2006,at BS 4,available at http://www.heraldtribune.com/ articl e/20061020/COM MUNITY/610200315?p=l&tc=pg. 2 Id. 3 Id. 4 Fred O. Dickinson, Traffic Crash Statistics Report 2003, Fla. Dept Highway Safety & Motor Vehicles, 28 (Aug. 2004), http:// www.flhsmv.gov/hsmvdocs/cf2003.pdf. 5 On,supra note 1;see also Our Mission,The Mark Wandall Foundation,http://www.themarkwandallfoundation.org/ourmission.html (last visited May 28,2012). 6 Elysa Batista, Crist Signs Fla. Bill Legalizing Red Light Cameras, Naples Daily News, May 13, 2010, available at http:// www.naplesnews.com/news/2010/may/13/crist-signs-fla-bill-legalizing-red-light-cameras/. 7 On,supra note 1. 8 Id. 9 Batista,supra note 6. I0 Crist Signs Florida Bill Legalizing Red Light Cameras,Palm Beach Post,May 13,2010,available at http://www.palmbeachpost.com/ news/state/crist-signs-florida-bill-legalizing-red-1 ight-cameras-687354.html. 11 Batista,supra note 6. 12 Id. 13 Crist Signs Florida Bill Legalizing Red Light Cameras,supra note 10. 14 Batista,supra note 6. 15 Id. 16 .. Id. 17 Id. 18 See Memorandum:Governor Crist Signs Legislation Creating the Mark Wandall Traffic Safety Act,The Mark Wandall Found.(May 13, 2010), http://www.themarkwandallfoundation.org/MEMORANDUM.pdf. In addition to thanking bill sponsors Senator Thad Altman and Representative Ron Reagan for their efforts to get the legislation approved by both the house and the senate,Governor Crist commended Melissa Wandall,"whose determination and perseverance,along with the strong support of the law enforcement community,was instrumental in the passage of this law."Id. 19 Batista,supra note 6. 70 Id. 21 Ch.2010-80,Laws of Fla.,available at http://laws.flrules.org/2010/80. 22 See, e.g., Nathan Koppel, One Lawyer's Crusade Against Red Light Cameras, Wall St. J. Law Blog (Aug. 29, 2011, 1:18 PM), http://blogs.wsj.com/law/2011/08/29/one-lawyers-crusade-against-red-light-cameras/("Supporters say cameras are an efficient way to enforce traffic laws and ensure public safety.But critics contend that the cameras violate due-process rights,in part because alleged violators are automatically ticketed and don't have the right to argue their innocence.");see also infra Section I.C. • 23 Red-Light Safety,Am.Traffic Solutions,http://www.atsol.com/solutions/red-light-safety/(last visited Sept. 14,2012). 24 Id. �.,.,, ., IZ 7 r >�•k i. .. ..... ., r,o✓. .:(Ll ii'.,,... :Sr ..,Ifs .., ..:F'�j:;. c.,'.t. '5.., ..., i eo .. SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT....64 Fla.L.Rev.1783 25 Id. 26 Id. • 27 Id. 28 See id. 29 Id. 30 Fla.Stat. §316.0076(2012). 31 Id.§316.008. 32 Id.§316.0083. 33 Id. 34 Id. • 35 Id. 36 Id. 37 Id. 38 Id. 39 Id. 40 Id. 41 Id. 42 Id. 43 Id. 44 Id. 45 Id. 46 Id. 47 Id. 48 Batista,supra note 6. 49 Id. 50 Crist Signs Florida Bill Legalizing Red Light Cameras,supra note 10. 51 Op.Att'y Gen.Fla.97-26(1997);see also Op.Att'y Gen.Fla.2005-41 (2005). 52 Op.Att'y Gen.Fla.97-26(1997). 53 Fla.Stat.§316.002(1997).in relevant part: It is the legislative intent in the adoption of this chapter to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities.. ..It is unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter. Id. • SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev. 1783 54 Chapter 316 is commonly called the"Florida Uniform Traffic Control Law."Id.§316.001. 55 Op.Att'y Gen.Fla.97-26(1997). 56 Id. 57 Id. • 58 Id. 59 Id.The relevant statutory section provided as follows: Evidence of the speed of a vehicle measured by any radar speed-measuring device shall be inadmissible in any proceeding with respect to an alleged violation of provisions of law regulating the lawful speed of vehicles,unless such evidence of speed is obtained by an officer who...(b)[h]as made an independent visual determination that the vehicle is operating in excess of the applicable speed limit. Fla.Stat.§316.1906(2)(1997).This provision remains unchanged today.See id.§316.1906(2). 60 Op.Att'y Gen.Fla.2005-41 (2005). 61 Id. 62 Id. 63 Id. 64 Crist Signs Florida Bill Legalizing Red Light Cameras,supra note 10. 65 Udowychenko v.City of Orlando,No.2009-CA-26741,2010 WL 3393118(Fla.9th Cir.Ct.Aug.9,2010). 66 Id. • 67 Id. 68 Id. 69 Id. 70 Id. 71 Id. 72 See supra SectionI.A. 73 Communities Using Red Light and/or Speed Cameras,Ins.Inst.Highway Safety,http://www.iihs.org/laws/auto_enforce_cities.aspx (last visited May 28,2012). 74 Red Light Camera State Portion Collection by Jurisdiction, Fla. Dep't Revenue, available at http://dor.myflorida.com/dor/taxes/ red_light_camera_coll/rlcr fy12.xls. 75 Id. 76 See Fla.Stat.§316.0083(2012). 77 Batista,supra note 6. 78 Id. 79 As of July 2011,slightly over a year after the Act became effective,a total of$19,774,851 had been remitted to the Department of Revenue through the Red Light Camera Remittance System.Red Light Camera State Portion Collection by Jurisdiction,Fla.Dep't Revenue,available at http://dor.myflorida.com/dor/taxes/red_light_camera_coll/rIcrfyll.xls. SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev.1783 80 Batista,supra note 6. 8I Id. 82 Several of the studies discussed in this section predate the implementation of the Act itself,but coincide with the early use of red-light cameras by local governments in Florida.This Note assumes that these findings are representative of the effect red-light cameras have had on traffic collisions and fatalities since the Act became law. 83 Case Study: Apopka, Florida,Am.Traffic Solutions,http://www.atsol.com/results-case-studies-apopka.html(last visited Feb. 16, 2012). 84 Camera Enforcement in 14 Large Cities Reduces Rate of Fatal Red Light Running Crashes By 24 Percent, Ins. Inst.for Highway Safety, 1 (Feb. 1,2011),http://www.iihs.org/news/2011/iihs_news_020111.pdf. 85 Richard A.Retting,Two Decades of Photo Enforcement in the United States:A Brief Summary of Experience and Lessons Learned, ITE J.,Nov.2010,at 20,22(emphasis added). • 86 Mark Burkey & Kofi Obeng, Urban Transit Inst., A Detailed Investigation of Crash Risk Reduction Resulting from Red Light Cameras in Small Urban Areas 46(2004),available at http://www.motorists.org/red-light-cameras/Burkey-Obeng-2004.pdf. 87 Id."Our findings are more pessimistic,finding no change in angle accidents and large increases in rear-end crashes and many other types of crashes relative to other intersections....In many ways,the evidence points toward the installation of[red-light cameras] as a detriment to safety."Id. 88 Floridians Support Red Light Cameras, PR Newswire, http:// www.prnewswire.com/news-releases/floridians-support-red-light- cameras-57829247.html(last visited Sept. 15,2012). 89 Anne T.McCartt&Angela Eichelberger,Ins.Inst.for Highway Safety,Attitudes Toward Red Light Camera Enforcement in Cities with Camera Programs 10 (2011), available at http://www.iihs.org/research/topics/pdf/r1161.pdf. This same study reported that among the approximately 25%of respondents who did not support red-light cameras,many believed"that cameras can make mistakes, are used to generate revenue rather than for safety,lead to more crashes,and are an invasion of privacy."Id.at 11. 90 Poll Shows Strong National Support for"Red-Light Cameras," Pub. Opinion Strategies (May 19, 2009), http://blog.pos.org/wp- content/uploads/news-release-for-red-I ight-national-draft-3.pdf. 91 Poll Shows Strong National Support for"Red-Light Cameras,"supra note 91. 92 Nat'l Motorists Ass'n,http://www.motorists.org/(last visited Feb. 16,2012). 93 See Red Light Cameras,Nat'l Motorists Ass'n,http://www.motorists.org/red-light-cameras/(last visited Feb. 16,2012). 94 See, e. Ban the Cams.org, http://www.banthecams.org (last visited Feb. 16, 2012 ; CameraFRAUD, http:// g•, g tP� g ) P� www.camerafraud.wordpress.com(last visited Feb. 16,2012). 95 See We are CameraFRAUD, CameraFRAUD, http://www.camerafraud.wordpress.com/why (last visited Feb. 16, 2012); NMA Objections to Red Light Cameras,Nat'l Motorists Ass'n,http://www.motorists.org/red-light-cameras/objections(last visited Feb. 16, 2012). 96 See infra Section II.A. 97 See infra Section II.B. 98 See,e.g.,Stephen Nohlgren,Legal Challenges to Red-Light Cameras Failing Around Tampa Bay,Tampa Bay Times,Nov.3,2011, available at http://www.tampabay.com/news/courts/civil/legal-challenges-to-red-light-cameras-failing-around-tampa-bay/1199745 (remarking on Tampa Bay judges'general approval of red-light cameras as a valid method of enforcing traffic laws,issuing citations, and collecting fines, and comparing one Tampa Bay judge's demand to hear all objections to the Act in a single hearing to the judicial approach taken in South Florida,where"drawn out and conflicting rulings . . . have led to dozens of court hearings and mass dismissal of tickets").But see Rick Neale,Many Who Challenge Red Light Camera Tickets Win in Brevard,Fla.Today,Feb. SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev.1783 • • 6,2012, available at http://www.floridatoday.com/article/20120206/NEWS01/302060020/Many-who-challenge-red-light-camera- tickets-win-Brevard(suggesting that because photo evidence is impossible to cross-examine in court,about two-thirds of the 300 cases contesting red-light cameras were dismissed or resulted in the driver's being found not guilty,and adjudication was withheld in most of the remaining one-third). 99 Trial Order,State v.Vanderpool,No.8751 LAB,2011 WL 2742641 (Fla.Miami-Dade County Ct.July 6,2011). 100 Id. • 101 Id. • 102 Id. 103 Id.;see also Fla.Stat.§316.0083(2012). 104 Trial Order,Vanderpool,2011 WL 2742641;see also Fla.Stat.§316.0083(2012). 105 Trial Order,Vanderpool,2011 WL 2742641. 106 Id.(citing Brown v.Giffen Indus.,Inc.,281 So.2d 897(Fla. 1973)). • 107 Id.(citing Brown,281 So.2d 897). 108 Id.(citing Brown,281 So.2d 897). l09 Id.(citing Fla.Stat.§90.406(2010)). 110 Id. 111 Id. 112 Id. 113 Id. • 114 Id. 115 Id. 116 Id. 117 Id. 118 Id. 119 Id. 120 Id. 121 Id. 122 Id. 123 Id. 124 Id. 125 Id. 126 Id. • 'x; r • SEEING RED: THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev.1783 - 127 Id. 128 Id. 129 Id. 130 State v.S.E.Fla.Zimmer,No. 11-005631TI20A,slip op.(Fla.Broward County Ct.Aug. 17,2011). 131 S.E.Fla.Zimmer,No. 11-005631TI20A(citing Levitz v.State,339 So.2d 655(Fla. 1976)). • 132 Levitz,339 So.2d at 656-57. 133 Id.at 657. 134 Id. 135 Id. 136 Id.at 658. 137 Id. 138 Id. 139 State v.S.E.Fla.Zimmer,No. 11-00563ITI20A(Fla.Broward County Ct.Aug. 17,2011). 140 Id. 141 Id. 142 Id.(citing City of Knoxville v.Brown,284 S.W.3d 330(Tenn.App.Ct.2008)). 143 Brown,284 S.W.3d at 338. 144 Id. 145 Id. 146 Id. • 147 Id. 148 Id.at 338-39. 149 Ariel Barkhurst, Cops Can't Write Red-Light Tickets, Broward Judge Rules, S. Fla. Sun Sentinel, June 8, 2011, available at http://articles.sun-scntinel.com/2011-06-08/news/fl-red-light-cameras-unconstitutional20110608_1_red-light-cameras-red-light- tickets-red-lights. 150 Id. 151 Id.(internal citation omitted)(alteration in original). 152 Id. 153 Id. 154 See Dave Heller, Red Light Cameras Survive Repeal Effort in Florida, First Coast News, May 11, 2011, available at http:// www.firstcoastnews.com/news/article/203851/4/Red-Light-Cameras-Survive-Repeal-Effort-in-Florida. 155 H.B.4087,2011 Leg.(Fla.2011). SEEING RED: THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla,L.Rev. 1783 156 Aaron Deslatte, House Votes to Deep-Six Red-Light Cameras, S. Fla. Sun Sentinel (May 2,2011,4:41 PM), available at http:// weblogs.sun-sentinel.com/news/politics/dcblog/2011/05/house votes_to_deepsix_redligh.html. 157 Id. 158 Id. 159 S.B.672,2011 Leg.(Fla.2011). 160 SB 672:Uniform Traffic Control,The Florida Senate,http://www.flsenate.gov/Session/Bill/2011/0672(last visited May 29,2012). 161 Id. 162 Katherine Albers,Lawmakers to Consider Repealing Red-Light Cameras, Naples Daily News,Dec. 28,2011, available at http:// www.naplesnews.com/news/2011/dec/28/lawmakers-to-consider-repealing-red-light/. 163 H.B.4177,2012 Leg.(Fla.2012). 164 S.B. 1542,2012 Leg.(Fla.2012). 165 HB 4177:Traffic Infraction Detectors,The Florida Senate,http://flsenate.gov/Session/Bill/2012/4177(last visited May 28,2012); SB 1542:Traffic Infraction Detectors,The Florida Senate,http://flsenate.gov/Session/Bill/2012/1542(last visited May 28,2012). 166 552 F.3d 564(7th Cir.2009). 167 Id.at 568. 168 Id.at 565-66. 169 Id.at 566. 170 Id. 171 Id. 172 Id.at 567. 173 Id. 174 Id. • 175 Id. 176 374 F.App'x 518(5th Cir.2010). 177 Id.at 520. 178 Id. 179 Id. • 180 Id.at 521. 181 Id.at 521 n.2. 182 Los Angeles Red Light Cameras to Shut Off,Huffington Post,July 27,2011,available at http://www.huffingtonpost.com/2011/07/27/ l os-angeles-red-light-cameras_n_911577.html?view=screen. 183 Id. SEEING RED: THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev. 1783 184 See, e.g., Cooper J. Strickland, Lights, Camera . . . Ticket: Red Light Cameras After Idris v. City of Chicago, 10 N.C. J. L. & Tech.Online Ed. 119, 121 (2009)(noting that"[t]he Idris Court's analysis will likely have a negative impact on future Fourteenth Amendment challenges of red light camera technology and owner liability presumptions."). • 185 Joel O.Christensen,Note,Wrong on Red:The Constitutional Case Against Red-Light Cameras,32 Wash.U.J.L&Pol'y 443,446 (2010). 186 Paul McNaughton, Comment, Photo Enforcement Programs: Are They Admissible Under the United States Constitution?,43 J. Marshall L. Rev.463,463(2010). • 187 State v.Arrington,95 So.3d 324(Fla.4th Dist.Ct.App.2012). 188 Id.at 325;see also supra notes 149-53 and accompanying text.Section 316.075 provides that"[v]ehicular traffic facing a steady red signal shall stop before entering the crosswalk on the near side of the intersection or,if none,then before entering the intersection and shall remain standing until a green indication is shown."Fla.Stat.§316.075(1)(c)(2012)."A violation of[section 316.075]is a noncriminal traffic infraction."Id.§316.075(4). 189 Arrington,95 So.3d at 325. 190 Id.at 326(quoting Fredman v.Fredman,960 So.2d 52,59(Fla.2d Dist.Ct.App.2007)). 191 Id.at 327. 192 Id. 193 Id. 194 Id. 195 Id. 196 City of Aventura v.Masone,89 So.3d 233(Fla.3d Dist.Ct.App.2011). 197 Florida Appeals Court Upholds City Red Light Cameras, CBS Miami (Nov. 30, 2011, 2:01 PM), http:// miami.cbslocal.com/2011/11/30/fla-appeals-court-upholds-city-red-light-cameras/. 198 Masone,89 So.3d at 234. 199 Id.at 234-35. 200 Id.at 235. 201 Id.at 234. 202 Memorandum:Governor Crist Signs Legislation Creating the Mark Wandall Traffic Safety Act,supra note 18. 203 Masone,89 So.3d at 235. 204 Id.;see also supra notes 52-63 and accompanying text. 7p5 Masone,89 So.3d at 235. 206 Id. 207 Id. 208 Id.at 236. 209 Id.at 235(quoting Fla.Const.art.VIII,§2(b)). .4,,. ,,' •;£',:, is i.e.; "'t!'£' , ij...., F �� v ;,bi:\;>. ,/„. SEEING RED:THE LEGAL BACKLASH AGAINST RED-LIGHT...,64 Fla.L.Rev. 1783 • 210 Id.at 237. 211 See supra Section II.B. 212 Albers,supra note 163. 213 H.B.4177,2012 Leg.(Fla.2012). 214 S.B. 1542,2012 Leg.(Fla.2012). 215 See supra text accompanying notes 83-88. 216 Barbara Langland-Orban et al.,An Update on Red Light Camera Research:The Need for Federal Standards in the Interest of Public Safety,8 Fla.Pub.Health Rev. 1,7(2011). 217 Id.at2. 218 Id.at 5. 219 Orr,supra note 1. 220 Langland-Orban et al.,supra note 216,at 7. 221 See supra text accompanying notes 75-82. 222 See supra text accompanying notes 75-79. 223 Ariel Barkhurst, 5,000 Broward and Palm Beach County Red-Light Camera Ticket Recipients Don't Have to Pay, S. Fla. Sun Sentinel, Feb. 10, 2012, available at http://articles.sun-sentinel.com/2012-02-10/news/fl-red-light-camera-ticket- delay-20120209_1_american-traffic-so lutions-red-I ight-rummers-red-1 ight-camera. 224 Id.;see Fla.Stat.§316.0083(2011). 225 Barkhurst,supra note 223 ("Based on the number of tickets that weren't processed within the time limit,Pembroke Pines will lose about$200,000. Margate will lose more than $74,000, and Fort Lauderdale will lose about $40,000. Sunrise will lose$20,000. Boynton Beach will lose$18,000."). 226 Charles Elmore,Royal Palm pulls back on fines from red-light cameras,The Palm Beach Post(Feb.9,2010,6:34 PM),available at http://www.palmbeachpost.com/news/news/traffic/royal-palm-pulls-back-on-fines-from-red-light-came/nL4XH/. 227 Barkhurst,supra note 223. 228 Timothy Zick,Clouds,Cameras,and Computers:The First Amendment and Networked Public Places,59 Fla.L.Rev.1,14-18(2007) (discussing the development of modem surveillance technology, including red-light cameras,and its effects on public expression, and concluding that because"[o]fficials will no longer be limited to policing expression that they happen to witness on the scene and in real time,"citizens may alter their expressive behavior in public). 229 Matthew Pleasant, Two Arrested in Cattle Theft, Caught on Red-Light Camera Footage, Ledger, Feb. I, 2012, http:// www.theledger.com/article/20120201/NEWS/120209965?p=l&tc=pg. Commenting on the cattle-rustling arrests, Sheriff Grady Judd remarked:"Isn't it interesting that one of the oldest theft schemes was stopped by one of the most modern tools?"Id. 64 FLLR 1783 End of Document i:=2016 Thnmsor;itc tors.No k-kin i::orignai U.S.(ov t-:arcs'Works City of Boynton Beach CITY ®F ®YIVTON BEACH "0.0::0:11,..4.,,t5 Intersection Safety Program PO Box 22091 NOTICE OF VIOLATION g Tempe,AZ 85285-2091 Pof NOTICE#: 1851600158716 ..9/."' PIN: 7544 View your video and pay with your Visa or MasterCard at www.Violationlnfo.com Amount Due: $158.00 11111111111111111111111111111111111111111111111111111111111 Due.Date: 08/14/2016 SABINE SENATUS 6021 10TH AVE N 209 , .. GREENACRES, FL 33463 ON/(Date) AT TIME AT LOCATION COUNTY 06/07/2016 01:01 PM WB W WOOLBRIGHT RD @ S CONGRESS AVE PALM BEACH ARSE TIPS RESER FREED PEASE RT1NE,..Ew„E 06/07/2016 01 00 55,2 Pn 6.5 015 R 000 6 2. 6612.101 11 NJO1DRIGET Roe 5 CONGRESS AVE NAME ---. .. .-,"u r"..,,. .,.,,,, SABINE SENATUS - --- STREET ADDRESS _ u 6021 10TH AVE N 209 CITY STATE ZIP CODE ,-"2e" GREENACRES FL 33463 DID UNLAWFULLY • OPERATE/DRIVE 0 PARK -- .. „+� +'"joi.i - ` V YEAR MAKE MODEL STYLE COLOR E 2014 NISS ROGUE UT GRY :.-# I C L NUMBER STATE REGISTRATION NUMBER DATE T1K" A WCR SPEED MSC RIDE LWE 2PNE L 06/07/2016 01 01 01 0 6R 6.5 015 R 002,2 2. 6 E I090MVM FL 06307873 6812-0 N N O DR of RD e 5 CONGRESS AVE Did then and there commit the following offense: FAILURE TO COMPLY WITH A STEADY RED SIGNAL ' r ,-n''' c The recorded Images relating to the vehicle stated above are evidence of this violation. . IN VIOLATION OF: 5 - Florida Statutes§§316.0083,316.074(1)and 316.075(1)(c)1 POLICE DEPARTMENT ....l.... r ID#072 '`1p ,,...,. ` w. "- y , w The traffic infraction enforcement officer named or law enforcement officer above has reviewed the recorded images ISSUE DATE • _ -' evidencing the red light signal violation,has identified the license tag number of the violating vehicle and has found ` - 06/15/2016 - reasonable and probable grounds that an offense has been committed. , STATUTORY PENALTY OF$158.00 .. 4 IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE GO TO WWW.VIOLATIONINFO.COM I p 2062 Pay with your Visa or MasterCard at www.Violationlnfo.com or mail your check or money order with this coupon to the address below. t czr,;:).y,3 �'4°e IL'v- NAME:SABINE SENATUS DUE:08/14/2016 IIIIIIIIIIIIIIIIII II IIII 1111111 IIIIIIIIIIIII L NOTICE#: 1851600158716 VERSION: 1 ISSUED:06/15/2016 PLATE: 090MVM STATE: FL TYPE: •Si necesita ayuda en Espanol,favor(lame al 1.866.225.8875. f No points will be assessed for this Notice of Violation nor will it affect •PLEASE RESPOND WITH PAYMENT,REQUEST A HEARING,OR [ vehicle insurance rates. SUBMIT AN AFFIDAVIT POSTMARKED ON OR BEFORE THE DUE DATE TO AVOID ISSUANCE OF A UNIFORM TRAFFIC CITATION ("UTC").SEE INSTRUCTIONS ON REVERSE SIDE. City of Boynton Beach •Pay with your Visa or MasterCard at www.Violationlnfo.com or mail Payment Processing Center your check or money order with this coupon to the address to the right. PO Box 742527 •Make your check or money order payable to City of Boynton Beach. Cincinnati,OH 45274-2527 •DO NOT MAIL CASH. •Write the Notice#located above on the front of your payment. •Insert this tear-off coupon in the enclosed envelope with the address to the right showing through the window. AMOUNT DUE: $158.00 1 1851600158716 000015717737 158004 Your vehicle was observed by a traffic infraction detector failing to comply with a steady red light signal,in violation of Florida Statutes§§ 316.0083,316.074(1)and 316.075(1)(c)1, ' at the intersection, date, and time stated on the front page of this Notice of Violation ("Notice").This is a non-criminal infraction of state law. No points will be assessed and this infraction may not be used to set motor vehicle insurance rates. This Notice has been issued by the City of Boynton Beach. You have the following three options: a)Pay this violation in the amount of$158.00 on or before the due date specified on the front of this Notice;or b)Submit an affidavit by following the instructions below;or c)Request a hearing by signing and mailing the form below.You will be notified by letter of the time,location and date of the hearing.If you request a hearing and the Local Hearing Officer concludes that no infraction has been committed, this Notice will be dismissed and no costs or penalties shall be imposed. If the Local Hearing Officer concludes that an infraction has been committed,the Local Hearing Officer will uphold the infraction,and you will be responsible for payment of a$158.00 fine as well as additional administrative fees and costs not to exceed$250.00 as imposed by the Local Hearing Officer. SUBMISSION OF AFFIDAVIT:You may download an affidavit at www.Violationlnfo.com.As the registered owner of the vehicle,you are deemed responsible for the violation and the payment of a $158.00 penalty unless, in compliance with Florida Statute § 316.0083(1)(d)1.a-d, you establish by a sworn affidavit that a statutory exemption applies. The exemptions are that the motor vehicle:(a)passed through the intersection in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession; (b)passed through the intersection at the direction of a law enforcement officer; (c)was,at the time of the violation, in the care,custody,or control of another person;or(d)a Uniform Traffic Citation ("UTC")was issued by a law enforcement officer to the driver of the motor vehicle for the violation of Florida Statutes§§ 316.074(1) and 316.075(1)(c)1 stated in this Notice.The affidavit must be sworn before a notary public or other person authorized to administer oaths. If you assert that the vehicle was in the care,custody,or control of another person, you must provide the name, address, date of birth, and, if known, the driver's license number of the person who leased, rented, or otherwise had care, custody,or control of the vehicle at the time of the violation. If the vehicle was stolen,then the affidavit must include a copy of a police report showing the vehicle to have been stolen.If you assert that a UTC was issued by a law enforcement officer for the violation of Florida Statutes§§ 316.074(1)and 316.075(1)(c)1 stated in this Notice,then you must include the serial number of the UTC. For faster processing,you may,but are not required to,include a copy of the UTC. If your affidavit complies with the requirements of Florida Statute§ 316.0083,then no further action will be taken against you. The submission of a false affidavit is a misdemeanor of the second degree,punishable under Florida Statute§775.082 or§775.083 by a term of imprisonment not to exceed sixty(60)days and/or a fine not to exceed$500.00.If submitting an affidavit,it must be postmarked on or before the due date specified on the front page of this Notice in order to be appropriately processed.The affidavit should be mailed to City of Boynton Beach,c/o Intersection Safety Program,PO Box 22091,Tempe,AZ 85285-2091. Do not send payment or affidavit to the Clerk of the Court. If you fail to respond as outlined above,postmarked by the due date,a UTC will be issued to you. Upon issuance of a UTC,you shall have the remedies specified in Florida Statutes§§316.0083 and 318.14,which include(a)the right to pay the civil penalty in the amount of$264.00;(b)the right to submit an affidavit;or(c)the right to have a hearing before a designated official, who shall determine whether an infraction has been committed. If the official concludes that no infraction has been committed, the UTC will be dismissed and no costs or penalties shall be imposed.If the official concludes an infraction has been committed,the official will uphold the UTC and may impose an additional civil penalty not to exceed$500.00 and court fees and costs.Failure to pay,submit an affidavit,or request a hearing on the UTC could result in your driving privileges being suspended. VIEW YOUR IMAGES AND VIDEO EVIDENCE FOR THIS INFRACTION:The recorded images and video of your violation will be submitted as evidence for the disposition of this violation.You may view your images and video online at www.Violationlnfo.com.You will need your Notice#and PIN printed on the front of this Notice inside the red box. If you do not have intemet access,you may view your video and images at any public library. QUESTIONS:If you have any questions,please contact Customer Service toll free at 1-866-225-8875. (You must be the registered owner of the vehicle to discuss this violation with Customer Service.) • PAYMENT INSTRUCTIONS ONLINE PAYMENT:The fastest and easiest way to pay your$158.00 penalty is online.Go to www.Violationlnfo.com and log on with your Notice#and PIN shown in the red box on the front of this notice.Click the Pay button.There is a convenience/service fee for this service. PAYMENT BY PHONE:Call toll free 1-866-225-8875 available 24 hours a day,7 days a week.There is a convenience/service fee for this service. PAYMENT BY MAIL:Mail your check or money order(payable to City of Boynton Beach)in the enclosed envelope with the coupon printed at the bottom of the reverse side of this Notice.PLEASE DO NOT MAIL CASH.Be sure to put the Notice#(see reverse)on the face of your payment.Payment must be postmarked on or before the due date. PAYMENT IN PERSON:No walk-in payments will be accepted. HEARING REQUEST FORM To request a hearing on the above referenced Notice pursuant to Florida Statute§316.0083,please submit the signed and dated coupon below in the envelope provided.The petitioner understands they will be notified of the date,time and location of the hearing.The Local Hearing Officer shall issue a final administrative order.If the Notice of Violation is upheld, the petitioner will be required to pay$158.00 and may also be required to pay county or municipal costs,not to exceed$250.00. NOTE:Per Florida Statute,you may cancel your appearance before the local hearing officer by paying the$158.00 penalty assessed,plus$50 in administrative costs,before the start of the hearing.The amount due will be$208.00. Detach here and return bottom portion as a request for an Administrative Hearing before a Local Hearing Officer. 18516D0158716 I submit this form as a request to contest this Notice of Violation and acknowledge that it must be postmarked by the due date of this Notice to be a valid request.I understand that I must attend this hearing in person,unless represented by counsel appearing in person on my behalf. Please sign and print name using blue or black ink. • Signature: Printed Name: Phone Number: City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach, FL 33425 HEARING REQUEST Document Number: 1851600158716 Date Created:8/3/2016 11:15:23 AM 9;PULROOD.1 Detach here and return bottom portion as a request for an Administrative Hearing before a Local Hearing Officer. 1851600158716 I submit this form as a request to contest this Notice of Violation and acknowledge that it must be 1:111 1.11111 postmarked by the due date of this Notice to be a valid request.I understand that I must attend this hearing in person,unless represented by counsel appearing in person on my behalf. tl asepigaSFE// 19faam-tas rg rieopd ck —�- Signature: —�rrx%�C Sty/? • Printed Name: Zthilie_5612e /5Q Phone Number: WI 1 3 a aa5d v ' $ /- 767-a-/.4/2 • 473 • X51151 rP12/14/2016 10:01:16 AM Page 1 of 1 • • City of Boynton Beach 100 E.Boynton Beach Blvd. }:cr- Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600158716 Document Information: Violation Information: Document Type: VIOLATION DATA REPORT Violation Date/Time: 6/7/2016 1:01:01 PM Version: v 1.0 Violation Location: WB W WOOLBRIGHT RD @ S CONGRESS AVE BOYNTON BEACH, FL Issue Date: 06/15/2016 Plate No./State: 090MVM FL Appearance Date: 08/14/2016 Make/Model/Year:: NISS/ROGUE/2014 Registered Owner: SABINE SENATUS Name/Address 6021 10TH AVE N 209 GREENACRES, FL 33463 Driver: SABINE SENATUS Name/Address 6021 10TH AVE N 209 GREENACRES, FL 33463 State Exhibit: 4 11kaci5\M12/14/2016 10:01AM Page 1 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. r ". Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600158716 DATE TIME AMBER SPEED PRASE RTIFE IANS FRAME 06/07/2016 01:00:59.2 PM 4.5 015 R 000.4 2 A 13312—NB Fs4QLBRZGf7.' SSD e S CONGRESS AVE r r 4'4 �" + = _ � .111 • State Exhibit: '�7acssvPs- 12/14/2016 10:01AM Page 2 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. t°i" Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600158716 DATE PIMB AMB SPEED PHASE RTIME 1.AN 1rRAHE 06/07/2016 01.01:01.0 PM 4.5 015 R 002.2 2 B B812-WB vi WOOLRR10/12 RD @ $ cvx ss AYE • 111 • State Exhibit: 12/14/2016 10:01AM Page 3 of 5 City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach,FL 33425 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600158716 esr i State Exhibit: W� s��svPs 12/14/2016 10:01AM Page 4 of 5 • City of Boynton Beach 100 E.Boynton Beach Blvd. c;?. Boynton Beach,FL 33425 • Violation Evidence Report Complaint Number: Docket Number: Document Number: 1851600158716 NOTES Note Added By Added Date SCHEDULE HEARING/REVIEW REQUESTED-HEARING/REVIEW ALREADY SCHEDULED PMAILROOM 08/03/2016 11:15:23 AM Hearing Scheduled ON: 12/22/2016 AT 09:00 AM SYSTEM 07/29/2016 01:16:49 PM State Exhibit: VN�AX_�:SVPS.- 12/14/2016 10:01AM Page 5 of 5 City of Boynton Beach ,a 100 E.Boynton Beach Blvd. 4{! . Boynton Beach,FL 33425 Camera Log Report Document#: 1851600158716 Location: BB12 - WB WWOOLBRIGHT RD @ S CONGRESS AVE Event Date/Time Status Deployment Start 6/7/2016 2:08:12AM' Operational Tests Passed Violation 6/7/2016 1:01:01 PM Deployment End 6/8/2016 2:08:28AM Operational Tests Passed ❑ Signs were Posted State Exhibit ^ ;lsa�sisvPs 12/14/2016 10:01AM Page 1 of 1 ATS SYSTEM LOG REPORT I,Jonathan Crabb,do hereby swear that: 1. I am employed by American Traffic Solutions("ATS"). 2. I am of sound mind,capable of making this certification,over the age of 18,and execute this certification based upon my own personal knowledge of ATS's business and the method by which ATS created,transmitted,and stored the information contained in the ATS System Log Report. 3. I,am the duly authorized custodian of the ATS System Log Report,and in such capacity,I have authority to certify the ATS System Log Report is a true and correct copy of an original record maintained by ATS. 4. The ATS System Log Report referenced below is a copy of a business record which was made automatically by the Axsis Violation Processing System,at or near the time of the self-test of the automatic red light enforcement system. 5. I certify that the testing that was conducted and is contained in the ATS System Log Report is a regular practice in the course of ATS's regularly conducted business activities and is kept in the ordinary course of ATS's regularly conducted business activities. I DECLARE UNDER PENALTY OF PERJURY IN THE STATE OF FLORIDA THAT THE AFOREMENTIONED INFORMATION IS TRUE AND CORRECT. Jonathan Crabb ATS System Log Report 06/07/2016 Location:BB12-WB W WOOLBRIGHT RD @ S CONGRESS AVE Date:06/07/2016 Event Time Status Automated Self-Test 02:08:12 AM All Tests Passed