Traffic Camera Tickets: Enforceable In Florida?

Traffic cameras are used to automate the process of recording drivers committing a red light violation. They are legal in Florida, and tickets issued from them are enforceable. The cost of a ticket in Florida is typically $158, increasing to $262 if not paid promptly. The ticket is usually mailed to the owner of the vehicle, who is liable even if they were not driving at the time. It is possible to contest a ticket, and there are several defences that can be used to do so.

Red light camera fines

Red light cameras are legal in Florida, and tickets from these cameras are enforceable. The usual cost of a red light camera ticket in Florida is $158, but this can vary across counties, with some tickets costing between $50 and $1,000. If you fail to pay the ticket after the first notification, the fee rises to $262, or $277 according to another source.

If you receive a red light camera ticket, you have 30 days to pay the fine or contest the ticket. The first notification, or Notice of Violation, does not add points to your driver's license. However, if you don't pay the ticket within 30 days, it turns into a Uniform Traffic Citation, which will appear on your driving record and result in a mark on your record.

It's important to note that the vehicle's registered owner will receive the ticket, even if someone else was driving. While you can contest the ticket, it can be difficult to prove your case.

Red light cameras are typically owned by third-party companies that forward the data and footage to the relevant authorities. These cameras are legal and can be used in the interest of public safety.

Contesting a ticket

If you receive a red-light camera ticket in Florida, you are required to pay the citation, but you have a 60-day period in which you can contest the charge. Here is a step-by-step guide on how to contest a red-light camera ticket in Florida:

Step 1: Review the Information on Your Violation Notice

Firstly, you need to review the information on your violation notice. Red-light camera violations are assessed to the record owner of the car. If you were not driving your car at the time of the violation, you can verify this by checking the location of the camera, the date and time of the violation, and the photos and video from the camera. You can usually find a web address on your violation notice where you can go to watch the video of the actual violation.

Step 2: Submit an Affidavit

If you were not driving your car at the time of the violation, you can submit an affidavit form. You can usually find a link to an affidavit form online when you go to view the photos and video evidence. Alternatively, some cities and counties provide an affidavit form along with your notice, or you can contact the agency in charge of issuing the red-light camera tickets to request one. On the affidavit, you must provide the name, address, and birth date of the person who was driving your car when the violation occurred. If your car was stolen, you can attach a copy of the police report to your affidavit instead.

Step 3: Contest the Violation

You can also contest the violation by requesting a local administrative hearing. Information on how to request a hearing should be included on your notice of violation. When requesting a hearing, there may be additional costs, which should be listed on your notice. At the hearing, you will be allowed to present evidence in support of your claim, such as witness testimony or evidence from the scene. For example, you might argue that you ran the red light to clear the way for an emergency vehicle. You can also argue that the photos or video evidence is blurry and does not conclusively identify your car or license plate.

Step 4: Appeal the Administrative Decision

If the decision of the hearing officer is not in your favour, you can appeal the decision to the circuit court with jurisdiction over the city or county where the violation occurred. You will need to file a notice of appeal within 10 days of the hearing officer's decision and pay a filing fee, which is typically several hundred dollars. You may also want to hire an attorney who specializes in appeals to help you with this process.

Who is liable

In the state of Florida, the owner of the vehicle is liable for a red light camera ticket. This means that if you lend your car to someone and they trigger a red light camera, you will be the one to receive the citation. The bill is sent to the registered owner of the vehicle.

However, in some situations, the citation can be dismissed. For example, if the car has recently been sold or was stolen, the citation can be dismissed with the submission of an affidavit. In such cases, it is recommended that the owner consult a local attorney specialising in traffic tickets for proper guidance.

It is also important to note that not all photos taken by red light cameras result in a violation. For instance, breaking beyond the line at a red light may trigger the camera, but this does not constitute a violation. Each image captured by a red light camera is reviewed by a police officer, who will decide whether the driver was in violation of traffic laws.

Legality of red light cameras in Florida

Red light cameras in Florida are a common sight, and for good reason. These cameras are strategically placed at intersections to deter drivers from running red lights, with the ultimate goal of reducing accidents and improving road safety. While these cameras have sparked debates over their legality, they are, in fact, legal in the state of Florida.

The Law

Florida Statute 316.0083, also known as the "Mark Wandall Traffic Safety Act," was enacted in 2010 and gives local governments and the Department of Highway Safety and Motor Vehicles (DHSMV) the authority to use red light cameras for enforcing traffic laws. This legislation was named after Mark Wandall, who lost his life in an accident caused by a driver running a red light.

How the Cameras Work

A red light camera captures photo and video evidence when a vehicle enters an intersection after the traffic lights turn red. It takes two pictures and records 12 seconds of video, including the date, time, and location of the incident. Importantly, these cameras are not triggered by a yellow light; they are programmed to activate only when the light is red.

Enforcement of Tickets

When a red light camera captures a violation, the registered owner of the vehicle is held responsible and will receive a ticket, or a "Notice of Violation," in the mail. This first notice does not add points to the driver's license, but failure to pay it on time will result in a second notice with an increased fine. If the second notice is also ignored, points may be added to the driver's license, and the consequences can escalate, including higher fines and even license suspension.

Contesting Tickets

It is possible to contest a red light camera ticket in Florida. Recipients have the right to request a hearing and present their case, especially if they believe the ticket was issued in error or there were extenuating circumstances. However, this can be challenging, and seeking legal advice from a traffic attorney is often recommended.

While the use of red light cameras in Florida has been controversial, with debates over constitutionality, accuracy, and financial motives, the cameras are currently legal and enforced by local authorities. Drivers are advised to be aware of the rules and regulations surrounding red light cameras to make informed decisions on the road and avoid costly citations.

What to do if you receive a ticket

If you receive a red light camera ticket in Florida, you are required to pay it. However, you have several options to consider before doing so.

Firstly, you can pay the ticket. Red light tickets usually cost $158, but if you fail to pay the offence after your first notification, this will be bumped up to $262, and points will be added to your license.

Secondly, you can contest the ticket. You have 60 days to do so, and you won't receive points on your license for a red-light camera ticket. You can request a local administrative hearing, and if you don't request one by the deadline, the ticket will be converted into a uniform traffic citation. At that point, failure to appear in court may result in a suspended license. You can also contest the ticket by filling out an affidavit form, which you can download online. If you weren't driving at the time of the violation, you can provide the name and details of the person who was. If your car was stolen, you can attach a copy of the police report instead.

Thirdly, you can elect to take a basic driver improvement course. By enrolling in one of these courses, you may receive an 18% reduction in the citation fee. You only have 30 days to enrol in the course before you become ineligible.

Finally, you can hire a lawyer to help you fight the ticket. A local attorney who specialises in fighting red-light tickets may be the best way to get your ticket dismissed. However, you may end up paying more in attorney's fees than the cost of the ticket.

Frequently asked questions