Lawyer Wins Constitutional Challenge to Red-Light Ticket; Looks Forward to New Battle in Next Case
A former New Jersey insurance attorney has beaten the rap on constitutional grounds after getting a red-light-camera ticket from a Florida municipality in the mail.
Allowing New Port Richey to fine him $158 without properly proving its case in court, including the identity of the driver, would violate his due-process rights, Thomas Filippone argued in an 11-page motion, and a Pasco County judge agreed, the Tampa Bay Times reports.
“If they are going to prove I was driving the car, it’s their duty under the law to prove the identity of the driver,” the 45-year-old Filippone tells the newspaper. “It unjustly shifts burden to me and makes me shoulder the burden of having to prove their case.”
He contends that he beat the red light in his Nissan Altima by a split second.
The state attorney general’s office, which has jurisdiction to appeal constitutional issues, has been notified. And New Port Richey’s city manager, Tom O’Neill, says the municipality not only disagrees with the decision but is seeing another constitutional concern implicated in the ruling for Filippone, which, he contends, violated the city’s own due-process rights by not allowing Port Richey an opportunity to address the issue prior to the decision.
Meanwhile, Filippone, who is also scheduled for a court hearing in another New Port Richey red-light-camera ticket in April, in relishing the prospect of renewed battle.
In addition to arguing that his own ticket should be dismissed, he plans to ask the court to dismiss such citations for everyone in the courtroom.
“I’m looking forward to going to court,” he told the newspaper. “I know a lot of people who are infuriated.”
Related coverage:
ABAJournal.com: “Lawyer Wins Fight Against Ticket Issued by Private Subdivision Cop, But Loses Legal Business”
