Are Red Light Camera Tickets Actually Illegal? This Judge Thinks They Are
The red light camera is hardly a new development, acting as another set of eyes when law enforcement isn't around to punish those breaking traffic laws. While a red light camera flash doesn't always guarantee a ticket, they can, and have, helped punish those who've appeared to run red lights in the past — something that not all individuals in the legal system are so keen on. For example, a Florida judge has ruled that red light camera tickets are unconstitutional, as the cameras can't tell who is driving the car at the time of the offense.
As reported by the Sun Sentinel and other publications, Judge Steven DeLuca of Broward County, Florida, issued his ruling during a hearing for a woman from Tamarac, Florida. A red light camera captured images of her crossing an intersection, for which she was issued a citation. The woman ignored the citation and then received a second. Her lawyer, Bret Lusskin, argued that the state of Florida assumed that the driver and the vehicle's registered owner were the same person without clear evidence to prove it.
According to DeLuca, this unconstitutionally places the burden of proof on the defendant when contesting the citation, when it should instead fall on the prosecution to prove that the driver who committed the offense and the registration-holder are the same person. While this may seem like a boon for drivers, it must be stressed that DeLuca's ruling is limited to Broward County for the time being.
The current state and potential future of red light camera law
At the time of publication, red light cameras are a touchy legal subject. The reason for this is that laws can vary dramatically from state to state. New Jersey, for example, stopped using red light cameras to capture violations in 2014; conversely, California allows law enforcement to use them statewide. Florida is in a similar position to the latter, with the Mark Wandall Traffic Safety Act authorizing the use of red light cameras. Thus, time will tell what becomes of Judge DeLuca's ruling should it move to a higher court. Regardless of what happens, many citizens remain united against the use of these cameras.
As red light cameras have become more common, drivers have made it clear that they don't appreciate their presence. Organizations like the Florida-based Stop the Cams and the National Motorists Association are against these cameras for multiple reasons. Most commonly, these groups and their members see them as violations of drivers' rights and privacy, as well as just another method of extracting money from an already financially strained driving populace. Stop the Cams also notes that the cameras aren't installed with citizens' consent, making them even less acceptable.
With so many citizens pushing back against red light camera implementation, this Broward County, Florida ruling could be a big win for them. Then again, it remains to be seen if it will truly start a state- or national-level push to get rid of this tech once and for all. For now, all folks can do is speak up, drive safely, and identify which traffic lights actually have cameras to prevent unintentionally breaking the law.