If you've received a red light camera ticket in Florida, don't panic. There are several options for how to respond, and in some cases, you may be able to get the fines reduced or even have the violation dismissed. Here's what you need to do:
First, don't ignore the ticket. This could lead to a suspended license, excessive fines, and a fee to reinstate your driver's license. In Florida, driving on a suspended license is a second-degree misdemeanor, which can result in a maximum fine of $500 and up to 60 days in jail.
Next, review the information on your violation notice. Red light camera violations are typically assessed to the registered owner of the car, so even if you weren't driving, you may still receive the ticket. Check the location of the camera, the photos and video from the camera, and the date and time of the violation. You can usually find this information on the website listed on your violation notice.
If you weren't the one driving the car, you can fill out an affidavit form. This will require you to provide the name, address, and birth date of the person who was driving, as well as their driver's license number if possible. If your car was stolen, you can attach a copy of the police report instead.
Another option is to contest the citation in court. You can argue that the photo or video evidence is unclear or that the camera was not working properly. You can also present evidence that you ran the red light to avoid an accident or because your brakes were faulty.
Keep in mind that the cost of a red light camera ticket in Florida is relatively high. The fine for running a red light is $158, and if you don't pay after the first notice of violation, the fine increases to $262. Additionally, your auto insurance rates may go up, and if you fail to pay the fine or contest the citation, points may be added to your license.
If you're unsure what to do, it's best to consult a local attorney specializing in traffic tickets. They can guide you through the process and help you build a strong case.
What You'll Learn
Contest the ticket in court
If you feel your red light camera ticket was issued unfairly, you can contest it in court. In Florida, you are being legally cited for Fla. Stat. § 316.075, which states that a driver must stop before a red light.
To contest the ticket, you must first request a local administrative hearing. If you do not request a hearing by the deadline stated on your notice of violation, the ticket will be converted into a uniform traffic citation, and failure to appear in court may result in a suspended license.
Review the Information on Your Violation Notice:
When you receive a red-light camera ticket, review the information on the notice. This typically includes the date, time, and location of the violation, as well as a web address where you can view the video of the incident. Check if you were the one driving the car at the time of the violation.
Submit an Affidavit:
If you were not the driver, you can submit an affidavit to assert this. Download the affidavit form from the website where you viewed the video, or contact the agency in charge of issuing the ticket to request the form. On the affidavit, provide the name, address, birth date, and if possible, the driver's license number of the person driving your car. If your car was stolen, attach a copy of the police report instead. Get your affidavit notarized, and submit it before the due date on your violation notice.
Request a Hearing:
Follow the instructions on your notice to request a hearing. There may be additional costs for this, which will be listed on your notice. Each city or county has its own hearing request form, which may be included with your notice or available for download online.
Assess the Quality of the Photos or Video:
View the photos or video taken by the red-light camera. If the images are blurry and your license plate cannot be identified conclusively, you can argue that it isn't clear that the car is yours.
Gather Evidence:
You will be allowed to present evidence in support of your claim at the hearing. This can include witness testimony or evidence from the scene. For example, if you ran the red light to clear the way for an emergency vehicle, evidence of this may help prove that you had a valid reason for your action.
Consult an Attorney:
Consider consulting a traffic citation attorney, especially if you are unsure about the process or your defence. While hiring an attorney may result in additional costs, they can help you build a strong case and increase your chances of getting the ticket dismissed. Most traffic citation attorneys offer a free initial consultation.
Appear in Court:
On your hearing date, appear in court and present your case to the hearing officer. Stick to the facts and clearly explain your side of the story. You will have the opportunity to ask questions and may also be questioned by a representative of the city or county that issued the violation. After presenting your case, the hearing officer will make a decision. If you are found guilty and wish to appeal the decision, you will receive instructions on how to do so.
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Submit an affidavit
If you receive a red-light camera ticket in Florida and you want to fight it, the first thing you need to do is request a local administrative hearing. If you don't do this by the deadline stated on your notice of violation, your ticket will be converted into a uniform traffic citation, and failure to appear in court may result in a suspension of your license.
Submitting an Affidavit
If you weren't driving your car at the time of the violation, you can submit an affidavit form. You can usually download this when you go online to view the photos and video footage of the violation. Alternatively, some cities and counties will provide the form along with your notice, or you can contact the agency in charge of issuing the ticket to request one.
On the affidavit, you must provide the name, address, and birth date of the person driving your car, as well as their driver's license number if you have it. If your car was stolen, include a copy of the police report instead.
If there are any exemptions to the law that apply to your case, you can assert them by filing an affidavit. For example, if you sold your car but the registration hadn't been changed, the new owner may be responsible for the violation.
Once you've completed the affidavit, you'll need to get it notarized. This means that a notary public will verify your identity and certify that you were the person who signed the document.
Finally, submit your affidavit before the due date on your violation notice. If the information in your affidavit complies with state law, the action against you will be dismissed, and the person named in your violation will receive their own notice.
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Understand the penalties
The penalties for a red light camera ticket in Florida are steep. According to Florida Statute 316.0083, a red light camera traffic ticket costs $158. If you fail to pay the ticket after the first notice of violation, the fine may rise to $262. The cost of these tickets is high—and in many cases, higher than other moving violations in Florida.
If you receive a red light camera ticket, you must take swift action. You have 30 days from receiving the notice to pay the fine. Missing the deadline will likely incur court costs and add three points to your license.
If you ignore the citation, your license may be suspended, and you could face even higher fines and the cost of reinstating your driver's license. Driving on a suspended license in Florida is a second-degree misdemeanor, which carries a maximum fine of $500 and up to 60 days in jail.
The penalties for a red light camera ticket can be costly, both in terms of the initial fine and the long-term impact on your insurance costs. Points on your license can result in substantial auto insurance increases, so it's worth taking the time to fight the ticket or consult a lawyer.
In addition to the financial penalties, a red light camera ticket can also affect your driving record. While a first notice of a red light camera ticket will not add points to your license, failure to pay the ticket or speak with a lawyer can result in points being assessed. These points can add up quickly and lead to increased insurance costs.
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Review the footage
Reviewing the footage of a red-light camera ticket violation is an important step in determining whether you have grounds to fight the ticket. Here are some detailed instructions on how to review the footage and what to look for:
Accessing the Footage:
- Check your violation notice: Your notice should include information about the date, time, and location of the violation, as well as a web address where you can view the video footage.
- Visit the provided website: By entering the notice number or other relevant information, you will be able to log in and access the footage. Some counties may also provide an affidavit form along with the notice.
Reviewing the Footage:
- Verify the vehicle: Check if the vehicle in the footage matches your car, specifically the license plate. If the license plate doesn't match, you may have grounds for dismissal.
- Identify the driver: Look closely at the footage to determine if you can clearly see the driver's face. If the photo or video is blurry and the driver's identity is unclear, this can be a valid reason to dispute the ticket.
- Analyze the timing: Pay attention to the timing of the traffic light transition from yellow to red. If the timing is very short, you may be able to argue that there was insufficient time to bring your vehicle to a safe stop.
- Check for signage: Review the footage and the surrounding area for any signs warning drivers of the red-light camera. The lack of proper signage may be a valid defense in some jurisdictions.
Additional Considerations:
- Compare with your records: If you have records of your whereabouts at the time of the violation (e.g., receipts, GPS data), compare them with the footage to determine if there is a discrepancy.
- Note any discrepancies: If there are any inconsistencies between the footage and the details provided in the violation notice (e.g., location, time, date), make sure to document them.
Remember, reviewing the footage is just one part of the process of fighting a red-light camera ticket. Be sure to also research the specific laws and procedures in your county or state, and consider consulting a traffic ticket lawyer for personalized advice.
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Hire a lawyer
Hiring a lawyer to fight a red light camera ticket in Florida can be a good idea. While it may seem like a small issue, it is worth noting that red light camera tickets can be costly in terms of the initial fine, as well as increased costs associated with points on your license.
- A lawyer can help ensure that you won't receive any points on your license, won't have to go to court, and won't have to attend traffic school.
- A lawyer can review your case for free and advise you on the best course of action.
- A lawyer can help you understand the penalties for a red light camera ticket in Florida, which include fines and potential points on your license.
- A lawyer can assist in reducing the fine or getting the violation dismissed by presenting possible defenses, such as arguing that the photo does not clearly identify you as the driver or that you ran the red light to avoid an accident.
- A lawyer can help you navigate the legal process, ensure that all deadlines are met, and assist in gathering and presenting evidence to support your case.
- A lawyer can provide knowledge about the equipment used and the specific rules, calibration methods, and certification processes that apply to each device.
- A lawyer can save you time and hassle by handling the dispute for you.
If you decide to hire a lawyer, it is recommended to choose a local attorney who specializes in traffic tickets or red light camera tickets specifically. They will have the most relevant knowledge and experience to help you effectively fight the ticket.
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Frequently asked questions
If you receive a ticket from a red light camera in the mail, you must pay the fine listed within 30 days. If you do so, no points will be added to your record. However, missing this deadline will result in court costs and three points on your license.
Possible defences to a Florida red light camera ticket include:
- The photo does not clearly identify you as the driver (e.g. the photo is blurry).
- The red light camera was not working properly when it took your photo, and you did not actually run a red light.
- You ran the red light to avoid an accident.
- You ran the red light because your brakes were faulty and would not allow you to stop in time.
A red light camera ticket in Florida typically costs $158. This fee rises to $262 if you fail to pay the ticket after the first mailed notification.