http://www.wesh.com/news/31097205/detail.html

Are Red-Light Offense Chances Better Before Judge?
Local Cities Expected To Issue 122,000 Tickets
Greg Fox, Staff Writer
POSTED: 10:21 am EDT May 22, 2012
UPDATED: 10:56 am EDT May 22, 2012

ORLANDO, Fla. -- If you are caught on camera running a red-light you have two options -- pay the fine, or challenge it.

When you decide to challenge your ticket the state mails you a citation, and under option B you can request a hearing.

The information doesn't explain that when requesting a hearing you are automatically assigned a hearing officer.

A WESH 2 news investigation found that your chances of getting the ticket dismissed are dramatically worse with a hearing officer, and much better in front of a judge.

The research reveals that nearly nine out of 10 cases that went before judges in the first three months of this year, resulted in dismissals, but hearing officers found seven out of 10 drivers guilty.

"It does seem to be an unfair system," said driver Pam Pearson.

Officials said it's not the judge that makes a difference.

"All the judge does is call the balls and strikes," said administrative judge in Orange County Carolyn Freeman.

Freeman used a baseball analogy to explain that drivers, not judges, are responsible for playing the courtroom game with the right players. She said lawyers are the key.

"I'm getting a lawyer," said Freeman. "Most of the cases that go to a judge, are lawyer requests."

If you think you can't afford one, paying a red-light camera citation will cost $158 or going to court and losing will cost $262.

Attorneys like Stephen Koons charge a $100 fee, and he said he's never lost. A Cocoa Beach officer simply dismissed four of his cases while WESH 2 was there.

Koons and other attorneys argue red-light cameras don't show who's driving the car.

"They can't prove it to begin with," said Koons.

Last month, a Maitland City attorney dismissed two of Dennis Salvagio's cases.

He wrote a legal document that said the cameras leave reasonable doubt that drivers were behind the wheel.

Salvagio's never lost, but thinks local governments that dismiss cases they can't win, while punishing drivers who don't know any better are acting unethically and illegally.

"The hearing officers and the people who are prosecuting the red-light cameras, are not following the law," said Salvagio.

WESH 2 emailed 80 city officials in the communities that run red-light cameras, but only six responded to our evidence that their staffs are prosecuting only people they think they can beat in court. Two said that's not happening. One from Maitland promised to look into it.

"If the red-light program is not fair, we should get rid of them," said councilman Ivan Valdes.

For now, 16 local cities and Orange County are expected to issue more than 122,000 tickets and fine drivers more than $19 million, this year.

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