The judge in the ongoing New Miami speed camera case has been asked to reconsider several decisions, like the $3 million-plus owed to 33,000 speeders and the village’s ability to pay over time, he could re-rule today.
The village and speeders’ attorneys filed a host of objections last month, further bogging down the case that has been dragging along since 2014. Judge Michael Oster is holding a hearing today and might address those issues.
New Miami says although the judge ruled the speeders must be fully reimbursed for the $95 speeding tickets they paid under the old, unconstitutional speed camera program, the speeders need to add Optotraffic to the suit to recoup the whole sum. The village only received $1.8 million, and the third party vendor Optotraffic retained the rest.
“The specific remedy sought by the plaintiffs precludes recovery of the amounts received and retained by Optotraffic,” attorney James Englert wrote. “Plaintiffs were not without remedy for the relief they now seek. In limiting their cause of action to equitable (rather than legal) restitution, plaintiffs were required to add Optotraffic as a party defendant.”
New Miami also maintains those speeders who did not request a hearing to dispute their ticket — the administrative hearing process was what the judge found objectionable — are not entitled to a refund.
The village renewed its objection to the speeders’ attorneys interest calculation. The original interest amount was $367,560 but when the speeders’ attorneys filed a proposed judgment recently, the interest amount had jumped to $533,604.
Also, Oster ruled last fall the village can repay speeders over time, up to 10 years. The speeders’ attorneys want immediate payment.
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