The New Miami speed camera case may have hit a giant pot hole in the recovery of $3 million-plus by 33,000 speeders.
The village filed a host of objections this week, two specifically have the potential to bog down the case, dragging along since 2014, even further.
RELATED: The fight continues: Sides in New Miami speed camera case arguing over $533K
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.
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