Florida Judge Just Opened The Door To Fighting Red-Light Camera Tickets

Traffic enforcement cameras have become a growing flashpoint across the USA. Cities and states are reporting record revenue from them in the name of safety, but the legal foundation behind some of those citations is now under scrutiny.

A judge in Florida is now questioning just how enforceable red-light camera tickets are in the Sunshine State, arguing that the law may improperly shift the burden of proof onto vehicle owners.

In a 21-page order signed on March 3, Broward County Judge Steven P. DeLuca granted a defendant’s motion to dismiss a citation issued through Sunrise’s red-light camera system. The ticket stemmed from automated footage showing a vehicle entering an intersection after the signal had turned red.

Read: Virginia Drivers Triggered Speed Cameras Nearly A Million Times

The defendant argued the law was unconstitutional because it effectively requires the registered owner of the vehicle to prove they were not driving at the time of the violation. According to the court, that structure conflicts with constitutional due process protections.

Is The Camera Law Constitutional?

Under Florida Statute 316.0083, when a red-light camera records a violation, the registered owner of the vehicle is presumed responsible unless they submit an affidavit identifying another driver. According to CBS 12, Judge DeLuca found that framework problematic, and it mostly comes down to how the law judges the infraction itself.

DeLuca says they’re classified as “quasi-criminal.” Put simply, he’s referring to how they can carry financial penalties, formal findings of guilt, and how they can have consequences on a driver’s record. To that end, he believes that the government should have to prove its case, not just assume that an owner is the driver.

“The statute presumes the registered owner is the driver,” said attorney Joel Mumford of The Ticket Clinic, who spoke about the case. “But if the matter is quasi-criminal, then the state must prove each element of the offense.” For now, the ruling applies only to the individual case and does not automatically invalidate red-light camera tickets elsewhere in Florida.

However, legal observers say it could encourage similar challenges in other counties. If a higher court eventually hears an appeal and rules on the issue, the decision could potentially apply statewide. Who knows? Maybe this precedent could spread to other states with similar traffic camera legislation.

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