Orlando's Red Light Camera Tickets
Red light cameras are a new technology that has, in recent times, been employed by a few municipalities to enforce traffic laws. Because this technology was being enforced by municipal ordinances the tickets did not carry points and were not reflected on anyone's driving record. For those cities that had the money to invest it was a quick way to make a lot of money.
Unfortunately, when it comes to money and government - we all know that no source of revenue will long go untapped. Like buzzards over a fresh kill, the Florida State Legislature has put forth a Bill (HB325) to make this type of traffic enforcement part of State law. The bad part of this is that once passed (slated for sometime in 2010) these infractions will show up on your driving record. The good part is that once the State gets involved they have a way of over-complicating the whole situation and, hence, making it a bit easier to find flaws in their laws.
HB325 - set to take affect on July 1, 2010
This is what this law does:
Be careful, stopping must occur behind the "stop bar" or "clearly marked stop line." I can already see arguments over this. Not sure if citations will be issued for stopping on or just past the stop line but the law will allow it.
Throughout the legislation there is reference to "notices" and to the "traffic citation." It is confusing whether these are one and the same or two different documents. Both must include a photograph showing the license plate and the traffic control device that has been "violated."
A citation "may not" be issued for failure to stop at a red light if the driver is making a right-hand turn in a careful and prudent manner. In legal terms "may not" means "can." This should read "shall not" issue the citation. Remember this when making right turns at intersections.
Within 30 days of the infraction "notification" must be sent to the registered owner. Here is a point of argument. Keep the envelope for the date stamp indicating when it was mailed. Then there is a section that says that the traffic citation shall be mailed (certified) to the registered owner no later than 60 days after the date of the infraction. Again, keep the envelope. The citation is mailed only if payment is not received within 30 days of the notification.
The recipient of the citation has 30 days to respond. There are five valid defenses listed in the statute (there are obviously more points of argument than that but are not listed). These are:
- 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 law enforcement.
- The motor vehicle was in the care, custody, or control of another person.
- A uniform citation was written by a law enforcement officer to the driver of the vehicle for the infraction.
- The car had been reported stolen.
All these defenses must be put forth in an affidavit. A false affidavit is a second degree misdemeanor offense.
The fine for this offense is $158.00. This will not carry points and cannot be used to increase your insurance rates.
Defenses Are In The Details
You are not going to defeat on of these Red Light Camera tickets by arguing the video. This technology is very good and it will show your car running a red light. You have to fight the details. If you hire us we will need the following to start:
- Copy of current registration for the car cited.
- Copy of the "notification" received.
- Copy of the "citation" received.
There is a compelling interest for the government to put these cameras up and there is no right to privacy in your automobile. Constitutional attacks rarely gain traction under these circumstances. The defense must come from the law itself.
Some Locations for the Orlando STOPS Red Light Cameras
The Map of Orlando STOPS has the following locations as the sites designated for the first 10 red light cameras and more.
| Conroy Road and Vineland Road (eastbound) Conroy Road and Vineland Road (westbound) Conroy Road and Vineland Road (southbound) E. Michigan Street and Dixie Belle Drive (westbound) Lee Vista Boulevard and S. Goldenrod Road (eastbound) |
S. Westmoreland Drive and W. South Street (southbound) Turkey Lake Road and Wallace Road (northbound) Turkey Lake Road and Wallace Road (eastbound) W. Kaley Street and S. Division Avenue (eastbound) N. Magnolia Avenue and E. Concord Street (northbound) |
There are a lot more cameras today. The HOME page for the
Orlando STOPS Red Light Cameras Program
is fairly informative.
To Speak With Eric J Dirga Regarding a Red Light Camera Ticket...
If you have been ticketed for a violation of the camera enforced red lights please call our office for a consultation. We know the municipal ordinance (until June 30, 2010) and the new statutes (starting July 1, 2020).
Our consultations are always free.
