Presentations How to Fight the Red Light Camera Tickets in Florida
Below is an email exchange beween a visiter, BanTheCams, The Ticket Doctor and the National Motorists Association.
I am writing to you to ask if you have some samples of affidavit for defense in
the Right-turn-on-red situation and not clear picture of the license plate.
I live in Sunny Isles Beach, FL. I just received a Notice of Violation
for making a right turn on the red light. I want to fight this myself,
by going to the court. The basis for my defense:
1) The picture of the license plate shows that the number is smudged: of
the 6 digits, the fourth is not legible and the last 2 are smudged.
Can the case be dismissed because the number is not completely seen?
2) The notice shows the year: 2000 and make: MERC, but not the model.
Can the case be dismissed because the Notice is not complete?
3) There are no signs forbidding right turn on red light. I made a slow,
cautious turn, checking the intersection for traffic and pedestrians.
There were none. I took all the precautions, but did not stop at the
intersection.
The only way the private company running the red light program could
identify my car, was by running a matching program with the make and
color of the car and making 10 permutations of the illegible digit. Is
this legal?
Please let me know if I have valid reasons to fight this Notice.
Your prompt attention to this matter will be greatly appreciated.
Reply: The Ticket Doctor
I've taken a brief look at your citation. From my initial observation of the stills, the plate ID is very questionable on the fourth character from the left. The prosecution may ask if that's your vehicle, but you are not required to answer. Instead you could say "I am the registered owner of a vehicle with license plate number ------"
The question is what data did they rely on to issue mail the citation, the plate number or the vehicle make?
You will notice the two still photos contain black information bars with citation data. The license plate photo has no black information bar and lacks the necessary data which directly correlates the image to the citation. The two still pictures claim the vehicle speed is 15 MPH but the distance traveled in the 2 seconds between the two photos is too short to be 15 MPH , which is 22 feet per second. The vehicle traveled 16 feet. 
The prosecution will claim the video and stills are prima facia evidence, but they don't mention rebuttable presumption. Give me a call tomorrow night (Chicago) after I've had a chance to do a forensic video analysis on the video clip. There is likely much more useful information that may refute the video clip's accuracy including dropped, duplicate and missing video frames that can't be seen with the naked eye; phone 847-883-8990.
Reply: National Motorists Association
There is potentially usable language for your affidavit in the two brief and legal motion on this page. Section IV. of the brief says:
Normally, a foundation and authentication for a photograph is established by the photographer who took the photo or a witness with first hand information that can testify that the photo purports to accurately portray what was actually observed first hand on the date and time in question. In this case, because a photograph was produced by remote, mechanical means, there is no one with first hand information who is capable of testifying to the foundation and accuracy of the photo purporting to accurately portray what could have been observed on the time and date in question.
The Eros motion has a number of challenges to ticket cameras, and you might be able to draw from that.
Reply: The Ticket Doctor
Please read;
http://www.myflsunshine.com/sun.nsf/sunmanual/D85CDE087C3A6818852566F3007272EA
http://www.flhsmv.gov/html/BillofRights.pdf
The law gives you the authority to request the records you want.
Make sure the video you shoot clearly shows the street signs for NE 199th Street and W Country Club Drive and from the same point of view as the citation.
If the citation video is really prima fascia evidence then so too are all the component still frames which make up the video clip.
The attached stills are taken directly from the citation video. You will notice you were 
stopped between frames 03;25 and 03;26. You were stopped for 3/100ths of a second.
Actual request to follow,
Your records request will ask for;
Copy of Aventura contract with ATS.
Certification on file for officer who’s name appears on citation badge #199.
Copy of police studies summation showing resulting influence of photo enforcement on traffic crash rates.
Here’s my best suggestion to mail the request to the city:
Eric M. Soroka
City Manager
19200 West Country Club Drive
Aventura, Florida 33180
305-466-8910
305-466-8919 Fax
This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
Comments;
The City of Aventura is located in Florida, not Arizona.
Regards,
Barnet Fagel
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