- April 29, 2024
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Is Jim Landon our civil sheriff?
Dear Editor:
On May 1, the Palm Coast Observer quoted Jim Landon as saying "Florida law states that if a driver slows down and is safe enough, they are not required to completely stop when turning right." Jim was wrong. Florida statute 316.075(1)(c)(1) states, "Vehicular traffic facing a steady red signal shall stop before entering the crosswalk."
Jim was confusing the law requiring drivers to stop, with the law regarding the issuance of a violation. Florida statute 316.0083(1)(a) states, "A notice of violation and a traffic citation may not be issued for failure to stop at a red light if the driver is making a right-hand turn in a careful and prudent manner at an intersection where right-hand turns are permissible."
That means that even if a driver fails to come to a complete stop when making a right-hand turn at a red light, as long as they make their right turn "in a careful and prudent manner," they cannot be issued a violation. That is the law.
On Sept. 4, The Observer quoted Jim Landon as saying, "Florida traffic laws require a complete stop before turning right on a red light when it's safe to do so." It seems that Jim now understands Florida statute 316.075(1)(c)(1). He went on to say: "I have instructed our code enforcement officers who review the video from our red light camera program to be consistent with law enforcement officers who enforce the traffic laws on our streets and use their discretion when issuing citations."
That sounds like he has instructed the Sheriff's Office to continue violating 316.0083(1)(a). Is Jim Landon our civil sheriff?
Palm Coast was losing too much money by throwing out all of those right turn violations, so Jim changed the rules and didn't tell anyone. The mayor and City Council are scared to put the red light cameras on the ballot because they know the people will abolish the cameras. The majority of citizens do not want them.
It's not just about running red lights. No one wants to be spied on by the government.
More importantly, in a criminal matter, citizens are protected by the Constitution. We are innocent until we're proven guilty. We have the right to have an attorney appointed if we cannot afford one. Since red light camera violations are civil and not criminal, you are guilty until you prove yourself innocent. (And how do you prove your innocence in a biased legal system that profits from you being guilty, and profits more if you appeal and lose?) If you cannot afford an attorney, too bad.
The red light camera program bullies those who receive a notice of violation, scaring them away from contesting their fine with the threat of potential fees that double or triple the fine if they lose their appeal. The entire system is one big conflict of interest. Red light cameras need to go. Keep the pressure on city and state government.
In 2005, the Florida Attorney General wrote a letter publicly advising cities that red light cameras were illegal. Many Florida cities like Orlando and Palm Coast installed the cameras anyway, hoping the law would change. These cities issued violations and collected money illegally. There is a case before the Florida Supreme Court now regarding the illegal actions of our city. Palm Coast will likely be required to pay back all illegally collected fines prior to July 1, 2010.
I would like The Observer to start printing the associated hidden costs along with the citation report every week. I'm interested to see how much the city pays for attorneys to fight appeals. How much are taxpayers paying for uniformed officers to review the videos to determine if a citation should be issued? I would like to know how much money is being sent to ATS (and leaving our state) every month. I would like to see a copy of the contract that was signed with ATS. I believe if more people knew the whole truth, they would be against this clever scheme by ATS to steal money from Florida cities.
If we allow red light cameras, next we will have speed trap cameras. Then there will be cameras at stop signs. Why not put cameras on every street? Then we can send violations to those with grass that is too long, with RVs or boats in their driveways, or those who leave their trash cans out too long. Nine states have already banned red light cameras. Let's add Florida to that list.
Steve Wonnig
Palm Coast
Editor's Note: City Manager Jim Landon's comments about enforcing right turns at red lights were in response to a question abotu code enforcement. He has not commented about what the Sheriff's Office should do, but only what the Palm Coast Code Enforcement officers should do in regard to red light cameras.
Lengthen timing of yellow lights to reduce violations
Dear Editor:
City Councilman Jason DeLorenzo has the right idea, to stop punishing the residents of Palm Coast unnecessarily for inadvertent traffic violations. Although I applaud his idea to issue a warning for first offenses, I suggest an idea even easier to implement — one suggested by Dr. Barbara Orban, professor at University of Central Florida, an expert on traffic issues:
“Lengthening the yellow light timing by one second has been found to reduce violations (and camera tickets) by 70-80%, thus not penalizing drivers simply because they cannot achieve the ‘average’ reaction time to braking. If the goal is to reduce violations, the yellow light timing at camera sites should be increased.”
Also, why would the salesman from American Traffic Solutions cherry pick six sites out of 43 to prove the cameras are effective in his presentation to city officials? Any simple spreadsheet could analyze all 43. It’s like asking a car salesman whether the car he wants to sell you is a good buy. Where’s the due diligence?
Bill Campion
Palm Coast
What’s unconstitutional about red light cameras?
Dear Editor:
Charles M. Flaherty's Sept. 7 letter to the editor stated that red light cameras were unfair and unconstitutional. What’s unfair for getting a ticket and a fine for breaking the law? As far as red light cameras being unconstitutional, I doubt there is anything in the Constitution about red light cameras. Sounds like sour grapes to me.
DuWayne A. Klapper
Palm Coast
