Red Light Camera Ticket (Florida)

[chad1124]

The following occurred in Maitland, Florida.

I apologize in advance for the spaces between links. Because I don't have at least 15 posts, I cannot add links to my posts yet...

My vehicle was recently caught on camera going straight through a red light at an intersection. I have been reading many things on the internet about this whole system, and I have some questions pertaining to Florida law.

There are a number of methods of "dismissing" these tickets, that are in question right now. Here are the ones I don't know about, and would like to learn:

1) If there is no (photo) evidence that the registrant was driving, is the ticket still valid?

2) If "Photo-Enforced Light" (or the equivalent thereof) road signs are not visible from ALL sides of the intersection, can the ticket be dismissed?

3) For future reference, is PhotoBlocker Spray ( h t t p : // phantomplate.com/index.html ) legal?

And my most important question topics:

4a) If you simply ignore the "ticket" sent in the mail, and no person comes personally to serve the "ticket" to you, are all the charges dismissed, with absolutely no penalty?
(This question was sparked when reading h t t p : // blogs.phoenixnewtimes.com/valleyfever/2008/12/how_to_beat_a_photo_enforcemen.php )

4b) If you wait past the 30 day time period, and then someone serves the ticket, is there a fine? Can they actually increase this to a uniform traffic citation (see below)? If so, what exactly is a UTC?

4c) Does this add points to your license? Does it add points it if becomes a uniform traffic citation?


Here's some more information about (on) this "ticket"...

Company/Address:
Violation Processing Center
700 Troy-Schenectady Road, Latham, NY 12110

Phone Number: 1-877-393-8375

5) Furthermore, since this address is in New York, what are the chances of someone coming out to serve the ticket personally?

Here's some important text on the back, especially pertaining to question 4 (mainly b ).

To avoid Issuance of a uniform traffic citation carrying a penalty of $262
You may elect to pay the civil penalty or provide an affidavit of defense.

I electto [sic] pay the fine of $158. To make payment you must pay by the due date on the front of this notice. If your payment is not received by the due date on the front of this notice it will be returned to you and a uniform traffic citation will be issued. Payment of this fine shall operate as a final disposition of the violation. Payment options are:

1) On-line at w w w .viewviolation . c o m. You are required to enter your citation number and the PIN provided on front of this notice. Via and MasterCard are accepted.
2) By phone at 1-877-393-8375. Visa and MasterCard are accepted.
3) By mail Checks and Money Orders must be made payable to the Violation Processing Center. Detach the form . . . In the event that a check is returned for non-sufficient funds, additional fees will be applied. Do not send cash.

I elect to provide an affidavit defense. Pursuant to Section 316.083(1)(d)(1), Florida Statutes, there are several defenses which may relieve you of responsibility for this violation. The defenses which are allowed are narrow and specific, so it is suggested that you review the statute closely. If you choose to rely upon one of the enumerated defenses, specific information or documentation is required in support. Providing false information constitutes a Second Degree Misdemeanor pursuant to Section 316.083(d)(1)(4), Florida Statutes.
____________________________________
If no action is taken within thirty (30) days, a uniform traffic citation will be issues to the registered owner of the vehicle. Upon issuance of a uniform traffic citation, the registered owner will be required to answer for this violation by paying the fine of $262 or appealing the citation in the Orange County Court before a Judge or Traffic Magistrate.

If you want a hearing on this violation, you must wait until a uniform traffic citation is issued. The city of Maitland does not conduct administrative hearings on red light violations.

I really need to know if these things are valid ways to end a case in Florida.

Thank you for any help.
Chad

 

[army judge]

These tickets are controversial in Florida, Arizona, and Texas.

Speak with a Florida attorney.

Don't ignore it, it will cause you future angst and grief.

The jury is still out on this, even though some Florida judges have declared these revenue collection schemes to be illegal.


http://www.thetruthaboutcars.com/2010/02/florida-court-rules-red-light-cameras-illegal/

http://www.southfloridapersonalinju...d-light-camera-tickets-are-getting-dismissed/

 

[chad1124]

Thanks for the information. However, after some more research, even though the link you posted indicates that red light cameras were ruled illegal in February of 2010, it seems that they were, once again, legalized in July of 2010...

Also, due to my current circumstances, talking to an attorney is quite difficult at this time. If possible, please answer some of the questions I have posted in the original post.

Thank you.

 

[army judge]

Your answers are embedded within the links.

Another south Florida judge ruled these tickets unconstitutional as recently as this month.

That said, there is no cut and dry answer.

You can Google "red-light camera tickets" (or a similar phrase) and discover some interesting tidbits.

No one from NY will serve you.
But, some counties are more aggressive enforcing this scam than others!