The legal validity of Florida’s red light camera laws has been vigorous fought by lawyers throughout the state. In Winter Haven, Polk County judge Timothy Coon threw out numerous cases, after ruling that the automated photographs must be admitted under the traditional rules of evidence. In other words, a witness for the prosecution would first need to testify under oath that the image accurately depicted the scene at the time the photograph was taken.
In Broward County, Judge Terri-Ann Miller dismissed a red light camera case when she learned that the private company hired by the state to administer the program was issuing red light tickets and communicating directly with the clerk of court. The judge found that this was contrary to Florida law, since the legislature required these tasks to be performed by law enforcement and not “a third party non-governmental entity.”
In Volusia County, Traffic Hearing Officer, John Pascucci dismissed thirty-one red light camera tickets when the Daytona Beach City Attorney could not prove that the government had sent the traffic citations by certified mail. The court also found a fatal failure of the government to introduce documentary evidence at the hearing which proved that the defendants in court were the lawful owner of the vehicles depicted in the red light camera photographs.
In Pasco County, Judge Anne Wansboro found the red light traffic law unconstitutional because it improperly shifted the burden of proof from the state to the accused. This is a violation of “due process” guaranteed under both the Florida and United States Constitution because it discards the presumption of innocence by requiring the owner of the vehicle to prove they are not guilty of the traffic offense.
Unsurprisingly, conservative judges in Pinellas County have consistently taken the position that there is nothing unlawful about our red light camera programs in St. Petersburg, Kenneth City, Gulfport, South Pasadena and Clearwater. (See our earlier blog which identifies Pinellas and Hillsborough red light camera locations.) However, these local judges may be forced to change their view. Recently, the Second District Court of Appeal has taken jurisdiction over questions of legality involving this revenue generating program. More specifically, the appellate court may soon decide whether the state can lawfully admit photographs and video into evidence at a court hearings without the benefit of a witness to authenticate or verify its authenticity. Because of the “robo cop” nature of the cameras, typically no witness to the alleged red light violations exists. As a result, this would create a tremendous barrier to successful prosecutions of red light camera tickets. The Pinellas County Judges would be forced to follow the ruling by the Second District Court of Appeals.
Currently, a window of opportunity exists for recipients of Pinellas County red light camera tickets to benefit from the appeal process pending in the appellate court. Right now, the local traffic court judges will allow a lawyer to “stay” the proceedings of any red light camera ticket. What this means, is that your red light camera ticket can be put on “hold” until such time as the Second District Court of Appeals renders its controlling decision.
Many of our clients have found that our legal fees for this process justify their decision to simply not pay the red light camera ticket. Rather, they are electing to have us challenge their red light camera citation because of their belief that the higher court will ultimately agree with the County Court decisions rendered throughout our state which have found this law to be legally invalid.
We Can Help
If you have received a red light camera traffic notice / citation or ticket in Pinellas County, we are lawyers who can help:
Visit our Red Light Camera Traffic Ticket Web Page
Visit our St. Petersburg Traffic Ticket Clinic Web Page
The Law Offices of Russo & Russo
Former State Prosecutors
9721 Executive Center Drive North
Suite #120
St. Petersburg, FL 33702
Contact our office to discuss your options:
(727) 578-0303
Free consultations
Visit Our St. Petersburg / Clearwater / Pinellas Criminal Defense Website: www.defensehelp.com
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View a Website Dedicated to only Pinellas DUI Defense at: www.duistpetersburglawyer.com
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