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Judge dismisses red-light camera ticket, rules law is unconstitutional | Eric Weiss & Antoinette DelBel, WPEC A Broward County judge has dismissed a red-light camera ticket, ruling that the state law used to issue the citation improperly shifts the burden of proof onto vehicle owners.
In a 21-page order signed March 3, Judge Steven P. DeLuca granted a defendant’s motion to dismiss a photo-enforced traffic citation issued under Florida’s red-light camera law. The case involved a Sunrise red-light camera citation issued to a registered vehicle owner after automated cameras captured a vehicle entering an intersection against a red signal. The defendant argued the statute unconstitutionally requires the registered owner to prove they were not driving — instead of requiring the government to prove who was behind the wheel. Judge DeLuca agreed.
In the order, the court found that red-light camera cases, although labeled as civil infractions, function as “quasi-criminal” proceedings because they can result in monetary penalties, a formal finding of guilt, and consequences tied to a driver’s record. Under Florida Statute 316.0083, once a camera captures a violation, the registered owner is presumed responsible unless they submit an affidavit identifying another driver.
The court ruled that the framework improperly shifts the burden of proof away from the state. Because traffic infractions that move to county court must be proven “beyond a reasonable doubt,” the judge wrote that the statute’s presumption violates constitutional due process protections. As a result, the citation in this case was formally dismissed. Joel Mumford is an attorney with The Ticket Clinic. He said if the case is quasi criminal, which means almost criminal or criminal-like, the state has to follow procedural due process. “The state or the agencies that issue the tickets, it’s their burden to prove all the elements of the crime beyond and to the extent of each and every reasonable doubt. And the first element, which should be, who’s driving the car,” Mumford said. “The statute in Florida presumes that the registered owner is the driver of the car.”
Mumford said even though the court order only applies in Broward County, it could open the door for challenges in other parts of the state, meaning other counties across the state following suit. “What could probably happen is they the court could then get an appeal, and then if it goes up to the district court of appeal level and then make a decision on it, depending on what that says, that could then be applied to the entire state, if there’s no similar appellate cases throughout the state. So that could make it statewide,” he said.
Drivers in Boynton Beach want to see the red-light cameras gone. Fifteen red-light camera systems are already running at seven intersections in Boynton Beach alone. Congress Avenue and Gateway Boulevard is just one of them. “I’ve been ticketed here twice, and it’s ridiculous because they it’s just not fair,” one driver said who didn’t want to be identified. The person that does the determination when you ran the light, it’s just a random. Whoever they want to pick, pick you to say, okay, you’re gonna pay the ticket.” That driver had to pay his $158 dollar ticket but he’s hopeful Palm Beach County can soon follow suit. He wants red light cameras gone, so future violations could be thrown out. “I think they need to outlaw it and get rid of it,” he said.
Advocacy group StopTheCams, which has long opposed automated traffic enforcement, called the ruling a major victory. In a press release, the group said the decision confirms what critics have argued for years — that red-light camera laws punish vehicle owners without requiring proof they committed the violation. Supporters of red-light cameras argue the systems improve safety by deterring dangerous driving at intersections.
Florida’s red-light camera law, known as the Mark Wandall Traffic Safety Act, allows local governments to use automated enforcement systems. It remains unclear whether the ruling will be appealed or how broadly it could affect similar cases statewide. For now, the decision applies to this specific case in Broward County, but legal observers say it could fuel renewed challenges to Florida’s red-light camera enforcement system.
We have such cameras here in Washington State. They make driving through busy intersections a pain, and slow down traffic if drivers are hesitant to enter an intersection if there’s any chance they will not make it through before the light changes. I checked and found this story by a law firm in Florida, about the safety record on red-light cameras.
Crash data: What the Fort Myers study reveals
Recent studies examining the impact of red light cameras reveal nuanced safety outcomes. The findings from Fort Myers align with national trends, showing a complex trade-off between different types of collisions.
Reduction in right-angle crashes
Data consistently shows that red light cameras help prevent dangerous T-bone collisions. A Federal Highway Administration study found right-angle crashes decreased by 25% after camera installation. Similarly, research from Chicago revealed right-angle crashes were reduced by approximately 32%.
In Oxnard, California, front-into-side collisions declined 32% overall, with injury-causing side-impact crashes falling dramatically by 68%. Meanwhile, the Chicago study using the Empirical Bayes method showed right-angle crashes reduced by 31.7%.
These reductions matter because side-impact crashes typically cause more severe injuries than other collision types. As Adrian Lund, president of the Insurance Institute for Highway Safety notes, “I would take the rear-end crash any day over a T-bone crash”.
However, the story goes on:
Increase in rear-end collisions
Nevertheless, the same Federal Highway Administration study documented a 15% increase in rear-end collisions at intersections with cameras. This occurs primarily because drivers approaching camera-equipped intersections tend to brake suddenly to avoid violations.
In Florida specifically, analysis showed rear-end collisions jumped from 8,429 to 9,121 after camera installation, representing an 8.2% increase. Florida Highway Safety and Motor Vehicle data further confirms this trend, with front-to-rear crashes rising from 7,762 to 8,020 following camera implementation.
Overall impact on red light safety
Considering the combined effects, the overall safety picture remains mixed. On one hand, fatal crashes at camera-equipped intersections show minimal change (35 before vs. 36 after in Florida). Consequently, critics point to consistent increases in total crashes at camera intersections across multiple Florida cities.
Furthermore, FLHSMV data indicates total crashes rose from 17,093 before camera installation to 18,615 afterward—a 9% increase higher than would be expected from normal traffic growth. Yet proponents highlight the economic benefits, with the Federal Highway Administration study concluding that “the economic costs from the increase in rear-end crashes were more than offset by the economic benefits from the decrease in right-angle crashes”.
The above story was found on the web site of the Pittman Law Firm in Florida.
Calling-all-RushBabes 