How To Challenge A Red Light Camera Ticket
If you have not received a red light camera ticket, it may only be a matter of time until you do. We tend to forget about the red light cameras but they are always watching us at intersections. It does not matter if you were driving your car, or loaned it to someone else, the ticket will still come to you, the registered owner of the vehicle.
The violation of red lights is regulated under Florida statute 316.0083, 316.074(1) and 316.075(1). Violations observed by red light cameras are non moving violations and do not carry points against your license, and cannot be used by insurance companies to raise your rates.
If you want to challenge the ticket as the registered owner you have two options.
You may prepare and submit a sworn affidavit to the address shown on the notice of violation, that one of several statutory exemptions applies. These exemptions are; (1) that the motor vehicle passed through the intersection in order to yield the right of way to an emergency vehicle, or as part of a funeral procession, or (2) that you passed through the intersection at the direction of a law enforcement officer, or (3) that the vehicle was at the time of the violation, in the care custody or control of another person, or (4) that a uniform traffic citation (ticket) was issued by a law enforcement officer to the driver of the motor vehicle stated in the notice at the time of the violation. The affidavit must be sworn and notarized.
If you assert that the vehicle was in the care, custody and control of someone else, you must provide the name, address, date of birth, and if known, the drivers license number of the individual driving your car. This will result in the issuance of a uniform traffic citation to the person named in the affidavit.
If your vehicle was stolen then the affidavit must include a copy of the police report showing the vehicle to have been stolen. If you assert that a uniform traffic citation was issued to the driver, you must include the serial number of the citation with the affidavit.
If you fail to either pay the fine, or submit the required affidavit then a uniform traffic citation will be issued to you, and then the usual remedies specified in Florida Statute 318.14 will apply, which includes the right to have a hearing before a designated official who shall determine whether an infraction has been committed, and either dismisses the infraction or imposes penalties as allowed under the law, which may include additional civil penalties not to exceed $500.00, and court fees and costs. A video and photos of your vehicle running the red light may be offered in evidence at a hearing on the violation.
If you elect to submit an affidavit keep in mind that the submission of a false affidavit is a misdemeanor of the second degree punishable by up to 60 days in jail and or a fine not to exceed $500.00. If you submit an affidavit you should do so no less than eight (8) days prior to the due date specified in the notice of violation.