Latest Criminal Defense Case Results

Lawmakers Challenge Burden Of Proof In Red Light Camera Laws

Red Light Camera’s are becoming increasingly more common in many cities and municipalities and provide a new source of much needed revenue and are touted as increasing safety. However if cited with a red light ticket, the current law places the burden of proof on the driver and not the government but proposed changes may switch the burden of proof as reported in the story by Fox 13.

State lawmakers could make it much easier to challenge citations from red light cameras. A new bill advancing through the Florida Senate would switch the burden of proof.

If passed, law enforcement would have to prove the driver is guilty. It would also require the state to verify the accuracy of the video. Traffic defense attorneys strongly support the new bill, which unanimously passed today in the Senate Transportation Committee.

“It would bring these red light camera tickets in line with every other ticket,” said traffic law defense attorney Keith Warshofsky. “It would just make it fairer for everybody. They would all be treated equally.”

Warchofsky said most red light camera citations are not currently challenged in court. He said the best chance of currently getting a case dismissed (in Tampa Bay) is for a cited driver to demonstrate he/she was not driving the car when it was flagged by the camera. He said a driver also has a better chance of getting a case dismissed if he/she was driving a rental car.

If you have been cited with a red light violation contact the Mastrogiovanni Law Firm for a free no obligation consultation concerning your rights.