Maybe you turned right at a red light, stopped over the line at the intersection, or passed through just as the light turned red. If so, you may come to receive a hefty fine in the mail if you have been found in violation of a red light camera. Understanding how these devices work and how to dispute them may help you prevent a steep fine, higher insurance premiums, and other consequences on your driving record.
Not all states and counties have red-light cameras in use. According to a report by the Florida Department of Highway Safety and Motor Vehicles in , 63 Florida jurisdictions implement the use of these devices. Red light cameras are a relatively new photo enforcement technology that is becoming increasingly prevalent in Florida intersections. These devices are used to automate the process of recording drivers committing a red light violation, serving as a major ally in prosecution.
As a driver passes over a sensor in the intersection while the traffic signal is red, a camera is activated, taking pictures of the driver and their front license plate. After the violation is recorded, an enforcement program issues a citation, which is then mailed to the registered owner of the vehicle.
The red light camera can also capture up to 12 seconds of video as further evidence of the crime committed. Though these may seem like indisputable pieces of evidence, there are still ways for drivers cited by these cameras to fight the tickets. While many states vary in who is held responsible when a red light camera captures a violation, in the state of Florida, the registered owner of the vehicle receives the bill.
This means that if someone is borrowing your car and triggers a red light camera, you will likely be the one to receive the citation. In some situations, like in the case of a recently-sold car under new ownership or a stolen vehicle, the citation issued can be dismissed with the submission of an affidavit. It is recommended that drivers seeking dismissal should consult a local attorney specializing in traffic tickets for proper guidance.
Red Light Cameras in the state of Florida capture a number of violations, many of which are accompanied by a citation in the mail issued to the owner of the car. Failing to make a complete stop when turning right at a red light, passing through an intersection while the light is red, or stopping in the middle of an intersection during a red light can all result in a Notice of Violation essentially, a ticket in the mail.
Legally, each of these violations will result in a citation for s, These violations are captured in both photo and video form by the red light camera.
It is important to note that not all photos that were taken result in a violation. For instance, breaking beyond the line at a red light may trigger a camera without a violation having occurred. Every image captured by a red light camera is eventually reviewed by a police officer, who will decide whether the driver was in violation of traffic laws. No employee of the red light camera company is present.
If no employee of the company that maintains the camera attends your trial to testify, you could argue that the pictures are inadmissible because there is no one to authenticate the validity of the evidence. If the pictures are excluded, the prosecutor has no case against you, and the ticket should be dismissed.
Emergency situation. If you needed to run the red light to avoid an accident or harming another person, you can raise the defense that you had an emergency situation that prevented you from stopping at the intersection. Contact the Easley Law Firm at to schedule a free consultation and start learning more about your rights.
Go to navigation Go to content Toll-Free: A few reasons why you may be able to challenge the ticket include: Not the driver. Easley [email protected]. This field is for validation purposes and should be left unchanged. Red Light Camera Defenses There are a variety of legal defenses that can be used in court to show that you are not guilty of the traffic charge.
You have a constitutional right to plead your innocence. Think: Where are there traffic courts near me. You will need to plead not guilty and have a date scheduled to contest your charge in court. The prosecutor must prove that you are guilty. Contact a knowledgeable camera ticket lawyer. You will be in a much better position to beat traffic camera tickets if you have an attorney by your side. Camera Reliability: the prosecution has to prove beyond any doubt that the camera was in perfect working condition at the time it took your picture.
If they cannot prove that, it will weaken their case. Witness at Trial: The manufacturer of the camera is supposed to testify at the trial that the camera was in perfect condition at the time it took the photograph in question.
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