Miami Camera Tickets: Your Options And Rights Explained

Getting a ticket for speeding or running a red light is never fun, and it can be even more frustrating when you're caught by a camera. In Miami, speed cameras and red-light cameras are becoming more prevalent, and the fines for these violations can add up quickly. So, what should you do if you receive a camera ticket in Miami? First, it's important to understand the type of violation and the associated costs. Running a red light, for example, typically comes with a $158 fine, which increases to $262 if not paid promptly. Speeding tickets in school zones can cost $100. While it may be tempting to ignore a camera ticket, this can lead to late fees and license suspension. There are options to contest the ticket in court or establish an exemption, but acting quickly is crucial. With the potential for financial and legal consequences, it's beneficial to know your rights and explore your options promptly.

Know your options to pay the ticket

If you've received a camera ticket in Miami, there are several options available to you for payment. The first step is to determine whether your citation is a parking or traffic citation. This is important because the payment methods may differ depending on the type of citation you have received.

For parking citations, you can pay online or by mail. If you choose to pay online, you will need to visit the Miami-Dade County Clerk of Courts website. Here, you can pay using a debit or credit card, or an electronic check. If you prefer to pay by mail, you can send a check or money order, payable to the City of Miami Springs, along with the coupon printed at the bottom of the Notice of Violation. Be sure to write the Notice of Violation number on your payment, and send it to the address provided on the City of Miami Springs website. Do not mail cash.

For traffic citations, there are two types: civil traffic infractions and criminal traffic violations. A civil traffic infraction is a non-criminal offence, such as a moving or non-moving violation. On the other hand, a criminal traffic violation is a more serious offence that is considered a misdemeanor and can result in an arrest. For both types of traffic citations, you can pay online or by mail, similar to parking citations. However, if you wish to deal with your traffic matters in person, you can also schedule an in-person appointment.

It's important to note that walk-in payments are not accepted for camera tickets in Miami. Additionally, if you have any questions or concerns about your citation or the payment process, you can contact the Customer Service team for the Violations Processing Service Center by phone during their business hours.

How to avoid points and insurance increases

If you've received a camera ticket in Miami, there are a few things you can do to avoid points on your license and increases in your insurance. Here are some detailed instructions to help you navigate this process:

First, it's important to understand the type of violation you've received. In Miami, camera tickets are typically issued for red-light violations or speeding in school zones. These tickets are usually sent to the registered owner of the vehicle, regardless of who was driving at the time. The ticket will include information such as the date, time, and location of the violation, and may include photos or video footage as evidence.

In Florida, red-light camera tickets usually cost $158, and this amount increases to $262 if you fail to pay the initial fine. Importantly, the first notice of violation will not add points to your license. It is only when you receive the second notice, with the increased fine, that points may be assessed. Therefore, one way to avoid points and insurance increases is to pay the initial fine on time.

However, if you feel that the violation was unjustified, you do have the option to contest the ticket in court. For example, if you had to run a red light or speed to avoid an accident or to make way for an emergency vehicle, explaining this to the judge may lead to a dismissal of the ticket. Alternatively, you can argue that the evidence is insufficient if the photos or video footage do not clearly show your vehicle, license plate, or the date and time of the alleged violation.

Additionally, it's worth noting that camera tickets are generally treated as non-moving violations, similar to parking tickets or tickets for expired registration. These types of violations typically do not result in points on your license or increases in your insurance rates. However, this may vary depending on the state you live in. Currently, only Arizona, California, and Oregon treat red-light camera tickets as moving violations that can impact your insurance.

Finally, if you want to avoid points and insurance increases in the future, consider taking a basic driver improvement (BDI) course. These courses can provide you with a better understanding of the nuances of the road and help you become a safer driver. Remember, it's always better to practice safe and cautious driving to prevent any violations in the first place.

Contesting the ticket in court

If you want to fight a camera ticket in Miami, 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. At that point, failure to appear in court may result in the suspension of your license.

Pleading not guilty

• You must plead not guilty if you want to dispute the ticket. Some jurisdictions allow you to respond to the citation by mail or online. Check your citation and make sure you plead not guilty before the deadline, which is typically within 30 days of receiving the ticket.
• If you cannot plead by mail or online, you will have to appear in traffic court. Show up at the date and time listed on your citation. This may also be called a first appearance or a notice hearing.
• When you plead not guilty, demand a full formal hearing or trial. You may also be required to attend other hearings, such as a pre-trial hearing or mediation.

Requesting documents

• Call the local police department or the law enforcement agency in charge of the camera used to issue your citation and request production of documents.
• Request copies of any photos or videos taken by the camera. You may need to wait until after your trial is scheduled to request these.
• Also, request full maintenance records for the camera and the traffic light or speed monitoring system to establish that they were regularly monitored and maintained.

Appearing at the hearing

• Arrive at the courthouse on the day of your hearing with copies of any documents you intend to use as evidence in your defense.
• Make sure you are well-organised and present yourself professionally. Treat the judge and all courthouse staff with respect.
• Listen quietly while the prosecutor presents their case, making notes of anything you want to bring up later. Do not interrupt or speak directly to the prosecutor.

Challenging the admissibility of the photograph as hearsay

• In some jurisdictions, a red light camera photo is considered hearsay. Hearsay is an out-of-court statement presented in court to prove the truth of the matter asserted.
• In this case, the photo is an out-of-court "statement" that the prosecution is attempting to use to prove you violated the traffic law.
• Hearsay evidence is generally inadmissible unless it fits into one of the exceptions. There are more than two dozen hearsay exceptions, and some courts have fit traffic camera photos into these exceptions while others have not. Research the issue to find out if this objection is available in your jurisdiction.

Asserting your right to confront witnesses

The Sixth Amendment of the Constitution guarantees you the right to cross-examine witnesses. Unless a witness appears who maintains the record and system associated with the camera, you do not have this opportunity.

Disputing the authenticity of the photograph

• If no one from the company that maintains the camera shows up to testify, object to the use of the photographs for lack of foundation.
• For the prosecution to rely on the photos, they must present evidence that the camera that took the photo, the system that connected it to the traffic light, and the traffic light itself were functioning properly. Without establishing this foundation, the photo is not reliable and cannot be admitted into evidence.

Attacking the lack of evidence

• If the photos are clear and the judge allows them, but none of them clearly show you driving, you have a defence that the prosecution cannot prove it was you driving the car.
• The photo also provides no proof that the traffic light was functioning properly. If the prosecution can't prove the traffic light was functioning properly, they can't prove that you ran the red light.

Exemptions to the rule

If you've received a red light camera ticket in Miami, there are a few options for how to deal with it. While you can pay the fine or request a hearing, there are also a few exemptions to the rule that may apply.

One exemption is for right-turn-on-red violations. If the driver of the vehicle came to a complete stop before turning right (if permissible at a red light), but failed to stop before crossing over the stop bar or other designated point, this is not considered a violation.

Another exemption is for slow-rolling right-hand turns, also known as a "Miami right". While this is technically illegal, it is a common practice in Miami and tickets are often dismissed for this type of violation.

If you were not the one driving the car at the time of the violation, you may be able to submit an affidavit transferring liability to the person who was actually driving. This is one way to contest the ticket and potentially avoid paying the fine.

Additionally, if your front wheels crossed the stop bar but your back wheels did not, you may not be ticketed as this can sometimes be a false positive for the camera.

Finally, if you are a resident of a city that has banned red-light cameras, such as Sweetwater or Doral, you would be exempt from any tickets generated by these cameras.

What to do if you're not the owner/driver of the vehicle

If you are not the owner or driver of the vehicle, you are not responsible for the ticket. However, the ticket will be mailed to the address of the registered owner of the vehicle. If you receive a ticket that was issued to a vehicle you own but were not driving at the time of the violation, you can contest the ticket. It is advisable to hire an attorney to do this.

You are not required by law to identify the person driving the vehicle when the ticket was issued. A judge may ask you to do so, but you may decline. A good traffic attorney can assist you with giving the correct answers in court.

If you are the owner of the vehicle but were not driving when the ticket was issued, you can fill out an Affidavit of Non Liability and transfer the violation to the actual driver.

Frequently asked questions