WINTER SPRINGS, Fla. -- For nearly a year, the city of Winter Springs has been watching drivers on the road and issuing tickets to red-light runners, but one man is planning to file suit against the use of red-light cameras.


Longwood attorney Al Ford said his issue with red-light cameras goes beyond the constitution; it is personal.

"You lost the presumption of innocence, which is the bench rock of our legal system. You lose your right to confront a witness," Ford said.

Ford's Jeep was caught on camera running a right turn on red at Vistawilla and state Road 434 in Winter Springs. He does not dispute that it is his car on camera, but he says he was not the one behind the wheel.

"I had a couple of guys staying at my house. I don't know who was driving. It's hard to put everything together," Ford said.

Ford argued that the window of time between the camera event and the arrival of the citation puts drivers at a disadvantage.

"Some of the most basic, fundamental rights have been thrown out the window," Ford said.

Ford obtained city records to track down other drivers who have been issued citations due to the cameras and he is hoping to file a class action lawsuit against the city.

"They mayor asked me a question, he said, 'Did you violate the law?' My question to him was, 'Did you violate the law?' Fair is fair," Ford said.

Winter Springs Mayor John Bush said every person issued a citation broke the law, but Ford wants to know if that is really the case if someone else was driving your car.

City attorney Anthony Garganese said it is up to the driver to prove their case, you cannot just say it was not you driving your car.

"You have to demonstrate you weren't driving," Garganese said.

In a criminal case, however, the burden of proof is on the state, but those issued with citations from red-light cameras must prove their innocence.

Capt. Glenn Tolleson of Winter Springs Police said he reviews all the video used to issue the citations. He makes the call on whether to issue a ticket based on the video.

Drivers can challenge Tolleson's decision, but he has no way of knowing who is behind the wheel.

Bush said there is no constitutional conspiracy behind the cameras.

"The only people who don't like the red-lights are the ones that get caught," Bush said.

For a complete list of intersections with red-light cameras, visit PhotoEnforced.com.

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