Legislative News Bills to make red light camera challenges easier
Bills to make red light camera challenges easier
By JEFF SCHMUCKER | Hernando Today
Published: December 03, 2011
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TALLAHASSEE -- There is no bill this year to eliminate red light cameras statewide.
Instead, the latest Senate and House bills would create new rules and procedures when motorists challenge their tickets that place the burden of proof on the state to establish an offender's guilt.
That could be problematic when using a camera system that doesn't capture video or images of who is operating a vehicle at the time a traffic infraction occurs.
Under the current state law, accused red light camera offenders have the option of claiming they weren't the driver. The vehicle owner is then required to give up the name and address of the person who was driving the vehicle when the offense occurred.
Violators have 30 days to pay the $158 fine or send in the affidavit. Those who lie on the document could face penalties.
Or, they can challenge the ticket in civil traffic court — where ticket fines are $100 more, just like they would be if a person received a regular traffic ticket. Penalties could also include up to $500 in additional court costs and points against the offender's license.
But under House Bill 343 and Senate Bill 568, a person receiving a red light camera ticket would no longer be required to perjure themselves or be further penalized by requesting a court hearing.
During that hearing, it would be the state's responsibility to prove "beyond a reasonable doubt" the plaintiff was responsible for the traffic infraction, according to the House and Senate bills.
Red light cameras would also be required to be inspected at least once every six months to ensure accuracy by a private company "that does not have any interest in the outcome of the accuracy check."
Written affidavits would no longer be proof enough. In the spirit of allowing those accused to confront witnesses, those who issue the red light camera tickets would also have to testify toward the accuracy of the red light cameras — in person.
That could be a problem for counties that rely on red light camera companies to review footage. Brooksville officials meanwhile are expecting to have two part-time police officers review footage before determining whether to issue a ticket.
Last year, local attorneys Robert Whittel, with Whittel & Melton LLC and David Haenel, with Finebloom and Haenel, argued red light camera laws attempted to scare possible traffic light offenders from fighting their ticket.
Also, they believed the images and footage didn't supply enough proof as to who the driver is.
However, it's unknown whether enough Senators will support the bill. Sen. Mike Fasano, R-New Port Richey has stated time and again that lawmakers are reluctant to give up red light camera revenue.
Currently the state takes an $83 cut from each $158 ticket, which goes toward trauma centers.
Meanwhile, those interested in these bills can track them at www.myfloridahouse.gov and www.flsenate.gov.
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