It’s not called the “red light camera law” — the official name is the “Mark Wandall Traffic Safety Program.” It was signed into law in 2010 by then Governor Charlie Crist and is found at Florida Statute 316.0083.
Mark Wandall was a father and husband who was killed in 2003 in a traffic accident caused by a red light runner. The idea behind the law is a good one — use video cameras to catch and ticket red light runners in the hope of decreasing such incidents and the number of traffic accidents caused by people who run red lights.
I am not in fan of “red light runners” and I don’t have a problem with using new technology, like video cameras at intersections, to try to curb traffic accidents. That being said, there is a major problem with this law. Under F.S. 316.0083(1)(e), if you get a citation in the mail accusing you of running a red light and a picture of your registered vehicle in an intersection with a visible red light, you are automatically presumed GUILTY of the offense.
Think about that. Even if you want to fight the ticket, nothing has to be proven in court. Nobody has to say or even suggest that you are the driver, nobody has to testify that the picture is accurate or has the correct date or that the video camera was operating correctly. Hey, if the camera generates a photo and a computer spits out the photo and a citation, well … you are GUILTY. Computers are never wrong … right?
Contrast this concept with the enforcement procedures for just about any other traffic ticket in this state. For example, if an officer writes you a ticket for speeding and you contest it, then the officer has to come to court, swear to tell the truth, and then testify that he saw you drive a speeding vehicle and that his radar gun was properly calibrated and functioning appropriately when it registered your excessive speed. If those things are testified to by the officer, the judge says you are GUILTY of speeding. Same thing with a STOP sign violation. An officer can issue a ticket for running a STOP sign, but to enforce it in court, he/she has to swear under oath in front of a judge that he/she saw you run the STOP sign at a specific date and time. If the officer doesn’t show up for court or can’t testify as indicated, then the judge will DISMISS the citation or find you NOT GUILTY
This is how it should be. If you are accused of breaking the law, then the state of Florida has to prove its case. But, apparently, not if you are accused of running a red light in the state of Florida.
Related posts:
No Comments so far ↓
There are no comments yet...Kick things off by filling out the form below.
You must log in to post a comment.