On October 15, 2014, Florida’s 4th District Court of Appeal ruled that the City of Hollywood is not authorized to delegate its police power to an outside private vendor to determine whether a traffic violation has occurred before sending it to a traffic infraction enforcement officer to issue a citation. The red light ticket issued to the driver was then dismissed.
Note the ruling does not affect the legality of the cameras nor the issuance of violations, it only dealt with the process of issuance of the citations, so don’t go ignoring those citations or red light cameras just yet! You should always consult an attorney if you feel that you have been wrongfully issued a citation and make sure to adhere to the strict timelines given for response.
You can read the full opinion here: http://www.4dca.org/opinions/Oct%202014/10-15-14/4D12-1312.rhg.pdf. City of Hollywood v. Eric Arem, No. 4D12-1312 (Fla. 4th DCA 2014).
Thankfully, many people have never had to deal with being sued. Lawsuits can be stressful, time consuming, and an unnecessary expense. Unfortunately, most people will eventually be involved in a lawsuit, and some even see it as a rite of passage.
If you have recently been sued, no matter how tempting, you cannot ignore the paperwork served upon you. Your property, whether a house, condominium, vehicles, personal belongings, money, wages, and everything else you have worked so hard for, can potentially be taken from you by the winner of the lawsuit. If you don’t respond within the proper time frame, this can all be done very quickly by the entry of a default judgment. In most instances, you only have 20 days from the date you received court papers to file something in response with the court.
This is why I would highly recommend immediately seeking the advice of an attorney when you are served with court papers. Handling matters without an attorney is like playing a hand of blackjack but putting everything you own on the line. Attorneys are trained to counsel and give advice and resolve disputes through the legal system. The best advice I have for clients is to immediately seek the advice of an attorney and not discuss this matter with the person who sued you or anyone else. Any discussions with the party who sued you can unfortunately lead to admissions or statements that would eventually be used against you. Therefore, it’s best to gather your wits and discuss how you wish to handle your case with an attorney.
At Shupe | Dhawan we have experienced transactional and litigation attorneys who are here to help you. Leave navigating the legal system to a trained professional and you can be certain to avoid unpredictable results. We offer free legal consultations and would be happy to shed some insight on your legal issue. Please contact us today!
Neil Dhawan, Esq.
Neil is the managing partner of the firm’s litigation practice group and focuses his practice on litigated matters. For more information about this article, feel free to contact Neil at (954) 507-7220.
Shupe | Dhawan is proud to sponsor Intense Fitness, LLC’s “Burpees for Boobs!” fundraiser challenge as the gym works toward raising $10,000.00 for the Florida Breast Cancer Foundation. For those who have ever stepped foot into a gym, the word burpee immediately triggers a cringe worthy response. Thankfully, in this instance it is the trainers who have to do all the hard work while the clients can sit back and simply donate.
The challenge will last the entire month of October. Clients, friends, and family members sponsor individual trainers and donate an amount for each burpee the trainer completes. The total number of burpees are tallied daily and at the end of the month the appropriate matching donations are made. Clients can also do on the spot challenges as well.
Every dollar raised will be donated to the Florida Breast Cancer Foundation. More information about Intense Fitness and the challenge can be found at Shupe | Dhawan. There is a short video which ends with a five burpee demonstration for those of us who are still curious.