Sample Dispute Letter for Florida

Alan Brooks

Jun 24 |20:29

I just wrote this up for a friend of mine who got a red light camera ticket here in Tallahassee. It is definitely not legal advice and I am not a lawyer!

[name]
[address]
[phone number]
[date]


Sir or Ma'am,

       On [date ticket was received] I received by mail a Florida Uniform Traffic Citation from the [name of agency issuing ticket] #[citation number] alleging a violation of Florida State Statute(s) 316.074 and/or 316.075 under State Statute 316.0083 and based on photographic and/or video evidence obtained from a camera near the intersection of [intersection where alleged infraction took place]. I submit that I am not guilty of this infraction and unless the [name of agency issuing ticket] can produce evidence beyond a reasonable doubt that I was the person who drove a vehicle through a red light at that place and time then they have no case due to lack of evidence. Based on the Fifth Amendment to the United States Constitution the burden of proof rests with the accusers and therefore it is not my responsibility to prove my innocence, rather it is the responsibility of the [name of agency issuing ticket] to prove my guilt which (based on the evidence provided to me) they clearly have not done.

       My assertion that the burden of proof lies with the officer issuing the ticket (in this case [issuing officer's name and number]) is not unprecedented. There is currently a lawsuit before the Florida Attorney General's Office challenging this very thing. A presumption of my guilt by this court would violate my right to due process and, if a fine is levied against me, may violate the equal protection clause of both the U.S. And Florida constitutions (based on the ruling by Broward County Judge Fred Berman on June 15th of this year) due to the disparity between the fines for camera-issued tickets and personally issued tickets.

       I further posit that this red light camera ticket is in direct violation of Florida State Statute 316.002 with regards to Law Enforcement Officers being required to witness traffic violations and I would direct the court to the case of the State Of Florida vs. Warren Gschwendtner where it was upheld that an Officer must witness the defendant commit a violation of 316.75 in order to issue a ticket for said violation. Unless the [name of agency issuing ticket] can produce an officer who witnessed me violating Florida State Statute(s) 316.74 or 316.75 then I move that (based on the aforementioned reasons and legal precedent) this charge against me must be dismissed.

       Than you in advance for your consideration in this matter.


Sincerely,



[Your name]

[Notarization]

Comments   (2)
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some observations & suggestions-
written by Paul Henry , June 25, 2011

If I may make some observations & suggestions-
1) The 5th Amendment argument is a principle one at this point, since the traffic violation is non-criminal. Not likely to work IMO due to the "letter" vs. "spirit" of the law.

2) Until a lawsuit is decided, it has no bearing on the court, and even then there are often jurisdictional considerations.

3) The ruling by the Judge in Broward applied only to those with the more severe penalties- i.e. actual officer-issued tickets, not those with camera tickets.

4) s. 316.002 does not have anything in it about officers witnessing violations. s. 316.640 (enforcement) was modified to allow for "traffic infraction officers" as defined in the camera statute (s.316.0083). IMO, you would be better off citing s. 901.15(5) (arrests) which does specify chapter 316 arrests are to be made immediately or in fresh pursuit. There is one exception here, but it does not deal with cameras (fellow officer or aircraft enforcement). The tie-in to traffic violations is found in s. 316.1905(2) where it mentions arresting a driver for unlawful speed, which is an infraction just like running alight or careless driving. This statute conflicts somewhat with s. 316.0083 if a sworn officer is the one mailing the ticket, since "traffic infraction officers" are not covered under s. 901.15.

5) 316.74 and 316.75 at the end should be 316.074 and .075.

6) The cited case should be listed as "STATE OF FLORIDA vs. WARREN GSCHWENDTNER, County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 395301-W. July 18, 2002." (link to PDF w/ decision: http://bit.ly/jiIoGI) . The critical statement from the court is as follows "In order for a violation of Florida Statute 316.075(1)(c) to occur, an officer must observe ``a vehicle facing a steady red signal'' fail to stop ``before entering the pedestrian crosswalk or, if none, then before entering the intersection.'' It's likely this will be disregarded since it is not on point about the cameras and is from 2002 before there were any cameras.

Not trying to burst any bubbles, but I expect some of the above is what a court will say.

I would further suggest the person have the city testify as to the timing of the yellow light- was it within DOT guidelines (section 3.6 of their manual, 4 page PDF: http://bit.ly/l8NxBN) that day? Did anyone check? Has anyone ever checked? These are recommendations from the DOT but would weigh as to a reasonable doubt.

Were the detector and signs placed within and meet FL DOT guidelines (4 page PDF: http://bit.ly/lgMEAM)? These are requirements under s. 316.0776- more severe than recommendations.

Print & read the PDFs I have linked- there is a lot of info in them as applies to this situation. Check out the intersection in question & maybe use your own camera to show defects.
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Remenber to send everything by certified mail
written by Henry Bentley , June 24, 2011

I got this from a lawyer friend of mine. Please note They must send the ticket by certified mail. You must send any response by certified mail



IN THE COUNTY COURT OF THE
9TH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA

CASE NO. : (your case number)


STATE OF FLORIDA,
Plaintiff,

v.

(your name),
Defendant.
_____________________________/


WAIVER OF APPEARANCE AND AFFIDAVIT OF DEFENSE


COMES NOW, the Defendant, pursuant to Florida Rules of Traffic Court 6.340 after being duly sworn and says:
1.My name, address and telephone numbers are:
Name: (your name)
Address: (your full address)
Telephone Number: (your telephone number)
2.I am the Defendant in the above-referenced case and am charged with the following violation: red light camera violation.
3.I hereby pleas NOT GUILTY and file this affidavit of defense as my sworn statement herein. I understand that when I plead not guilty, I do not have to supply any further statement. I understand that by my filing this affidavit, the hearing officer or Judge will have to make a decision as to whether I committed the alleged violation by the sworn testimony of the witnesses, other evidence, and my statement. I understand that I am waiving my personal appearance at the final hearing of this matter.
4.I have never received the Uniform Traffic Citation by certified mail in this case.
I understand that any material misrepresentation could cause me to be prosecuted for a separate criminal law violation.

______________________________
DEFENDANT, (your name)

SWORN TO AND SUBSCRIBED before me this ______ day of _________________, 2011. _____________________________ is ( _____ personally known to me / produced ____________________ as identification) and ( ____ did / ____ did not) take an oath.


___________________________________
NOTARY PUBLIC, STATE OF FLORIDA



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