Contrary to popular belief, it is possible to win a red light camera case. Here’s how:
Running a Red Light Camera
For simply running a red light camera, 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 motor vehicle passed through the intersection in order to yield right-of-way to an emergency vehicle or as part of a funeral procession
The motor vehicle passed through the intersection at the direction of a law enforcement officer
The motor vehicle was, at the time of the violation, in the care, custody, or control of another person
A uniform traffic citation was issued by a law enforcement officer to the driver of the motor vehicle for the alleged violation
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.
Right-on-Red Camera Violation
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.
Call Hillsborough Traffic Attorney Today!
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).
Adam Bantner – Criminal Defense Attorney at Law
If you are in need of an expert criminal defense attorney specializing in legal defense against DUI, traffic, criminal, violent crime charges, or a personal injury – you’ll find it here.
Adam L. Bantner, II is a Board Certified Criminal TrialAttorney representing those accused of crimes in Hillsborough and Polk counties. He is the Past President of the Hillsborough County Association of Criminal Defense Attorneys., is a Super Lawyers Rising Star, and AVVO rated “Superb.” Adam is a member of Valrico Law Group.
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Adam Bantner, II is a Board Certified Criminal Trial Law Attorney representing those accused of crimes in Hillsborough and Polk Counties. When you are facing criminal charges, you want an expert in your corner. The Florida Bar has recognized Adam as an expert criminal defense attorney.
I have been defending the accused since 2006 and am Past President of the Hillsborough County Association of Criminal Defense Attorneys.
I have tried over 30 jury trials, on charges ranging from driving on a suspended license to murder.
In addition, I am a Brandon personal injury attorney. If you’ve been injured through no fault of your own, give me a call to see how we can help!
I approach each case on the principle that every client deserves zealous representation, with attention to detail and to their individualized needs. My mission is to get the best possible result for every client, in every case, every time. Give me a call to see how I can assist you to get the best results in your case. I are here to help.