Contrary to popular belief, it is possible to win a red-light camera case. Here’s how:
For simply running a red light, it’s almost always advisable to simply pay the $158.00 fine. Reason being is that it is hard to win and payment of the fine will not put any points on your record. However, should you desire to fight the ticket for any reason, simply don’t pay the ticket on time and the clerk will issue you a Uniform Traffic Citation. Your attorney will enter a Notice of Appearance on the Citation and begin your defense.
Fla. Stat. 316.0083 spells out the defenses. After the citation issues, in addition to disputing whether a traffic violation occurred, you can defend by affidavit showing that:
The affidavit to prove that someone else was driving requires that you identify that driver by identifying their name, address, date of birth, and, if known, the driver license number of the person who leased, rented, or otherwise had care, custody, or control of the motor vehicle at the time of the alleged violation. If the vehicle was stolen at the time of the alleged offense, the affidavit must include the police report indicating that the vehicle was stolen. If your significant other was driving and you dime them out, you may end up with issues bigger than a traffic citation.
This violation can be defended without ratting out the driver of the vehicle. Unlike a regular traffic enforcement which does require you to stop before turning right on red, the red-light camera law does not require a full stop before turning right.
The statute, again Fla. Stat. 316.0083, only allows the issuance of a Notice of Violation when the right-hand turn is not performed in a careful and prudent manner at an intersection where right-hand turns are permissible. As such, a “rolling right” is not an illegal move when the laws are enforced by a camera. See Massani v. City of Miami Gardens, FLWSUPP 2703MASS (11th Cir. Ct. 2019).
However, if there happens to be a live law enforcement officer who does observe the rolling right, he would be perfectly within his rights to charge you with a violation of our traffic laws.
If you are facing any traffic violation, including red-light camera cases, give Board Certified Criminal Trial Law Attorney Adam Bantner today to set up your free consultation. Our number is 813.397.3965 with offices in Valrico and Tampa (by appointment only).