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What are your rights? By: John Matarese. Jacob Moritz is among them. This means that if someone is borrowing your car and triggers a red light camera, you will likely be the one to receive the citation. In some situations, like in the case of a recently-sold car under new ownership or a stolen vehicle, the citation issued can be dismissed with the submission of an affidavit. It is recommended that drivers seeking dismissal should consult a local attorney specializing in traffic tickets for proper guidance.
Red Light Cameras in the state of Florida capture a number of violations, many of which are accompanied by a citation in the mail issued to the owner of the car. Failing to make a complete stop when turning right at a red light, passing through an intersection while the light is red, or stopping in the middle of an intersection during a red light can all result in a Notice of Violation essentially, a ticket in the mail. Legally, each of these violations will result in a citation for s, These violations are captured in both photo and video form by the red light camera.
It is important to note that not all photos that were taken result in a violation. For instance, breaking beyond the line at a red light may trigger a camera without a violation having occurred. Every image captured by a red light camera is eventually reviewed by a police officer, who will decide whether the driver was in violation of traffic laws. Over the years, there have been many debates over the legality of police departments utilizing red light cameras provided by third-party vendors.
Since the ruling, some cities in Florida have chosen to end their use of Red Light Cameras, while others continue to use them. Most cities post the location of cameras, the fines associated with citations issued from the cameras, and the process of receiving and paying or disputing a citation. While some cities in Florida have refused to reactivate their cameras since the ruling in , they are within their rights to reactivate them at any time.
Your best course of action at any traffic signal is to obey state laws and wait until the light turns green. If you receive a traffic ticket from a red light camera and do not choose to contest the citation, you must pay the fine listed on the ticket within 30 days of receiving it.
Probably the most common red light camera defense relates to who was driving the vehicle when the violation occurred. In most of the states, it's the driver—not the vehicle owner—who's liable for the violation. Many states allow owners who receive tickets to submit an affidavit swearing that he or she wasn't driving when the violations occurred.
Generally, submitting this affidavit will result in the dismissal of the ticket. Generally, the existence of the photos and video puts to rest any argument that no red light violation occurred. But red light camera systems and reviewers occasionally make mistakes.
So, drivers can sometimes use the photos and videos to their advantage in getting a red light ticket dismissed. Basically, the photos and videos must show the vehicle crossed the limit line or entered the intersection after the light turned red.
Otherwise, there's no proof that the driver actually violated the law. The laws of some states require signs that tell drivers red light cameras are in use at an intersection. Generally, these types of requirements specify what the signs must say and where in relation to the intersection they must be located.
Drivers who are cited for violations at intersections that don't have the required signage might have a good defense to the ticket. Once that ruling came down, it became obvious that Courts were no longer going to allow the attorneys to make motions or arguments to get cases thrown out.
Therefore, in almost every instance, we stopped handling these types of cases. We are fighting those mainly to keep the adjudication from appearing on your driving record, which we can do. Mainly, those making a right turn on red, and I believe those will be successful soon.
Oh well, it was good while it lasted. So, as a result, it becomes a simple question of how much is the ticket and how much would it be to fight it coupled with the equation of how likely we are to get the case dismissed. Since my main goal is always to make sure that my clients wind up in a better situation after hiring me, I need to evaluate all the facts before making a decision. By keeping the points off a license, I know I am saving my clients a ton of money.
But, for red light camera tickets, we need to dig a little deeper. However, recently, an event transpired that has caused me to encourage people to fight red light camera tickets in Florida.
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