You can get out of a red light camera ticket in Florida if the evidence is unclear, the camera malfunctioned, legal requirements weren’t met, or someone else was driving your vehicle. You can contest the ticket and avoid paying the fine by challenging the evidence and citation details, submitting an affidavit if you weren’t the driver, and consulting a Florida traffic ticket attorney.
According to the IIHS HLDI, in 2023, over 135,000 people were injured in red light running crashes. You running a red light may not have resulted in a crash, injury, or death, but you may have still been caught on camera. And now, you have to deal with a red light camera ticket.
Can you fight this ticket, and if so, is it worth it, and how can you do so?
Can You Get Out of a Red Light Camera Ticket in Florida?
Yes, you can get out of a red light camera ticket in Florida, but it’ll depend on your circumstances.
Generally speaking, vehicle owners have the right to request a hearing and contest the violation before a local hearing officer or traffic court. Your ticket may be dismissed if:
- Evidence is unclear
- Camera malfunctioned
- Legal requirements weren’t met (e.g., proper signage or notice)
Under Florida traffic laws, you can also avoid liability if you can prove your car was stolen or sold before the violation. You can also submit an affidavit identifying the actual driver.
Is It Worth Fighting a Ticket in Florida?
Whether it’s worth fighting a ticket in Florida depends on what your priorities are.
First, consider the fact that the standard penalty is around $158. For some, this is a large sum, while for others, it’s not.
Also, there are no points or license consequences (unless you ignore the first notice; in that case, there are further consequences, such as points and higher fines). So many drivers choose to pay their tickets for the convenience.
However, it can be worth it to contest traffic fines if you believe:
- The citation is inaccurate
- The evidence is weak
- You have a strong legal defense
It can also be worth it to contest the ticket since it may prevent future enforcement errors and avoid setting a precedent for repeat citations at the same location.
How to Get Out of a Red Light Camera Ticket in Florida
Have you gotten a red light camera ticket, and you want to fight it? Then here are the steps you need to take.
Challenge the Evidence and Citation Details
First, you should closely review the citation and the accompanying photo or video evidence. By law, the state has to provide clear evidence that the car entered the intersection after the light turned red.
The ticket may be dismissed if there are the following things, so look for:
- Blurry images
- Unclear license plate
- The video does not conclusively show the violation
- Signage that’s absent or not visible
- Incorrect vehicle information
- Missing timestamps
- Improper notice delivery
Submit an Affidavit if You Weren’t the Driver
Florida allows you to avoid liability if you submit a sworn affidavit stating that you weren’t the driver at the time of the violation. So this is a viable option if your family member, friend, or other authorized driver was operating your vehicle at the time of the violation. You can also explore this route if the car was old, leased, or stolen before the violation.
Typically, you’ll have to submit the affidavit within 60 days of receiving the notice. You may need to submit supporting documentation, too, such as a bill of sale or police report.
Consult a Florida Traffic Ticket Attorney
Consulting a Florida traffic ticket attorney can significantly improve your chances of getting out of the ticket. An experienced and reputable lawyer will understand the specific procedural and evidentiary requirements, and they’ll also know how to spot weaknesses that drivers often miss.
While there may be legal fees, they’re worth it when you can save time, reduce stress, and make sure there aren’t escalating fines or enforcement actions.
Frequently Asked Questions (FAQs)
Does a Red Light Camera Ticket Go on Your Record in Florida?
In Florida, a red light camera ticket doesn’t go on your driving record, while traditional traffic citations do. This is because red light camera violations are classified as noncriminal traffic infractions, which means that they’re treated as civil penalties.
Because of this, no points are added to your license. In addition, the violation isn’t reported to the Florida Department of Safety and Motor Vehicles (FLHSMV) as a moving violation.
Do note that if you don’t pay or contest the ticket, it can escalate into higher fines, collection actions, and points to your driver’s license. However, it won’t directly impact your license status.
What Is the Best Defense for a Red Light Ticket?
The best defense for a red light ticket depends on your individual case, but there are several strategies that are commonly effective. They include:
- Challenging whether the vehicle fully entered the intersection after the light turned red
- Yellow light timing
- Errors in the citation
If someone else was driving your car at the time of the ticket issuance, then you (as the registered owner) can submit an affidavit.
Did Florida Remove Red Light Cameras?
While Florida hasn’t removed red light cameras statewide, they’ve changed their use over time. Under the Mark Wandall Traffic Safety Act, local governments can operate red light camera enforcement programs.
However, many cities and counties in the state have discontinued their programs due to:
- Public opposition
- Administrative costs
- Legal concerns
As a result, there won’t be red light cameras in every city. This means that enforcement will vary widely depending on where you’re driving.
Get Out of Your Red Light Camera Ticket
As you can see, you can get out of a red light camera ticket if you want to. It’s not tough to do either, as long as you have proof of errors or equipment malfunction.
Still, it’s good to have a reputable lawyer on your side. This can reduce your stress and ensure that your case goes as smoothly as possible.
Schedule an appointment with us now if you’d like help fighting your red light camera ticket. RHINO Lawyers offers free case reviews and free video consultations so you can consult a traffic ticket attorney without pressure.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
