Receiving a red light camera ticket in Florida can be frustrating and costly. However, it’s essential to know that you have the right to contest the citation. In this article, we will provide a step-by-step guide on how to fight a red light camera ticket in Florida, including understanding the laws, gathering evidence, and presenting your case in court.
Understanding Florida’s Red Light Camera Laws
Before we dive into the process of fighting a red light camera ticket, it’s crucial to understand the laws surrounding red light cameras in Florida. In 2010, the Florida Legislature authorized the use of red light cameras to enforce traffic laws and improve safety. The law allows local governments to install cameras at intersections to capture images of vehicles that run red lights.
According to Florida Statute 316.0083, a red light camera ticket is considered a civil infraction, not a criminal offense. This means that you won’t receive points on your license, but you will still be required to pay a fine. The fine for a red light camera ticket in Florida is typically $158, but it can vary depending on the jurisdiction.
Types of Red Light Camera Tickets in Florida
There are two types of red light camera tickets in Florida: uniform traffic citations (UTCs) and notices of violation (NOVs). A UTC is issued by a law enforcement officer and is typically given to the driver at the time of the infraction. An NOV, on the other hand, is mailed to the registered owner of the vehicle.
If you receive an NOV, you have 30 days to respond. If you fail to respond, you may be subject to additional fines and penalties. If you receive a UTC, you have 30 days to pay the fine or contest the citation.
Gathering Evidence to Fight Your Red Light Camera Ticket
To fight a red light camera ticket in Florida, you’ll need to gather evidence to support your case. Here are some steps you can take:
Obtain a Copy of the Citation and Video Footage
The first step in gathering evidence is to obtain a copy of the citation and video footage. You can request this information from the local government agency that issued the ticket. The video footage will show the alleged infraction and can be used to support your case.
Take Photos of the Intersection
Take photos of the intersection where the alleged infraction occurred. This can help to establish the visibility of the traffic signal and any other factors that may have contributed to the infraction.
Gather Witness Statements
If there were any witnesses to the alleged infraction, gather their statements. Witness statements can be used to support your case and provide additional evidence.
Presenting Your Case in Court
If you decide to contest your red light camera ticket, you’ll need to present your case in court. Here are some steps you can take:
Review the Citation and Video Footage
Before presenting your case, review the citation and video footage carefully. Look for any discrepancies or errors that may have been made.
Prepare Your Argument
Prepare a clear and concise argument to present to the judge. This should include any evidence you’ve gathered, as well as any relevant laws or regulations.
Present Your Case
When presenting your case, be respectful and professional. Address the judge as “your honor” and avoid arguing with the prosecutor.
Common Defenses to Red Light Camera Tickets in Florida
There are several common defenses to red light camera tickets in Florida. Here are a few:
The Camera Was Not Properly Calibrated
If the camera was not properly calibrated, the evidence may be deemed inadmissible. You can request maintenance records for the camera to support your case.
The Traffic Signal Was Not Visible
If the traffic signal was not visible, you may not have been able to see the red light. Take photos of the intersection to support your case.
The Vehicle Was Not the One That Ran the Red Light
If the vehicle in the video footage is not the one that ran the red light, you may be able to have the citation dismissed. Check the license plate number and vehicle make to ensure it’s the correct vehicle.
Conclusion
Fighting a red light camera ticket in Florida requires careful preparation and attention to detail. By understanding the laws, gathering evidence, and presenting your case in court, you may be able to have the citation dismissed. Remember to stay calm and professional throughout the process, and don’t hesitate to seek the advice of a traffic attorney if needed.
| Florida Red Light Camera Ticket Fines | Amount |
|---|---|
| Initial Fine | $158 |
| Late Payment Fee | $25 |
| Collections Fee | $40 |
By following these steps and presenting a strong case, you may be able to fight your red light camera ticket in Florida and avoid paying the fine.
What are the steps to follow when fighting a red light camera ticket in Florida?
When fighting a red light camera ticket in Florida, the first step is to review the citation and ensure it contains all the required information, including the date, time, location, and a clear photo of the vehicle and license plate. Next, review the video evidence provided, if any, to determine if it supports the citation. It is essential to check for any discrepancies or inconsistencies in the evidence.
If you decide to contest the citation, you can choose to do so by mail or in person. You will need to submit a written explanation of why you believe the citation was issued in error, along with any supporting evidence. Be sure to keep a copy of your submission for your records. It is also recommended that you consult with an attorney who specializes in traffic law to ensure you are following the correct procedures and to increase your chances of a successful outcome.
Can I request a hearing to contest my red light camera ticket in Florida?
Yes, you can request a hearing to contest your red light camera ticket in Florida. In fact, this is often the best course of action, as it allows you to present your case in person and respond to any questions or concerns the hearing officer may have. To request a hearing, you will need to submit a written request to the clerk of the court, usually within a specified timeframe, such as 30 days from the date of the citation.
At the hearing, you will have the opportunity to present your evidence and testimony, and the hearing officer will review the case and make a determination. It is essential to be prepared and to bring all relevant evidence and documentation with you to the hearing. An attorney can also represent you at the hearing and help you navigate the process.
What are the possible defenses to a red light camera ticket in Florida?
There are several possible defenses to a red light camera ticket in Florida, including the argument that the camera was not properly calibrated or maintained, or that the citation was issued in error due to a malfunction or technical issue. Another common defense is that the driver was not the owner of the vehicle, or that the vehicle was stolen or being driven by someone else at the time of the alleged infraction.
Other possible defenses include the argument that the yellow light was too short, or that the driver was forced to run the red light to avoid an accident or other hazard. It is essential to review the evidence carefully and to consult with an attorney to determine the best defense strategy for your specific case.
Can I use the “owner not the driver” defense to fight my red light camera ticket in Florida?
Yes, you can use the “owner not the driver” defense to fight your red light camera ticket in Florida, but it is essential to follow the proper procedures and to provide the required documentation. To use this defense, you will need to submit an affidavit stating that you were not the driver of the vehicle at the time of the alleged infraction, along with the name and address of the person who was driving.
You will also need to provide proof of the driver’s identity, such as a driver’s license or other government-issued ID. It is essential to note that this defense is only available if you are the registered owner of the vehicle, and if you can provide the required documentation and evidence.
How long do I have to contest my red light camera ticket in Florida?
In Florida, you typically have 30 days from the date of the citation to contest a red light camera ticket. However, this timeframe may vary depending on the jurisdiction and the specific circumstances of your case. It is essential to review the citation carefully and to note the deadline for contesting the ticket.
If you fail to contest the ticket within the specified timeframe, you may be deemed to have waived your right to contest the citation, and you may be required to pay the fine and any additional penalties. Therefore, it is essential to act promptly and to seek the advice of an attorney if you are unsure about the process or the deadline.
Can I appeal the decision if I lose my red light camera ticket case in Florida?
Yes, you can appeal the decision if you lose your red light camera ticket case in Florida. In fact, you have the right to appeal the decision to a higher court, usually within a specified timeframe, such as 30 days from the date of the decision. To appeal the decision, you will need to submit a written notice of appeal to the clerk of the court, along with the required filing fee.
You will also need to prepare a written brief outlining the grounds for your appeal, and you may be required to appear in court for oral argument. An attorney can help you navigate the appeals process and increase your chances of a successful outcome.
What are the potential consequences of losing a red light camera ticket case in Florida?
If you lose a red light camera ticket case in Florida, you may be required to pay the fine and any additional penalties, which can range from $158 to $500 or more, depending on the jurisdiction and the specific circumstances of your case. You may also receive points on your driver’s license, which can increase your insurance rates and potentially lead to a suspension of your driving privileges.
In addition, if you accumulate too many points on your license, you may be required to attend traffic school or complete a driver improvement course. Therefore, it is essential to take the citation seriously and to seek the advice of an attorney to minimize the potential consequences.