No one wants to think that a local or State government can misuse a law enforcement program in order to generate higher revenue. However, despite this altruistic and in some cases, overly optimistic view of how decisions are made at government offices, there are times when decisions at the governmental level can cost innocent Florida motorists a money without sufficient grounds to do so. This cost can especially come to light when it red-light camera tickets are issued based solely on what a camera is alleged to have caught as a motorist crosses an intersection. The law has changed regarding red light cameras lately. Now you have the choice of going to an appeal by yourself. This is in front of a city clerk. Or you can wait 60 days and have a lawyer go to court for you fight the ticket. That’s what we suggest you do. But here are some pointers.
Where are the errors found?
Issues have arisen in the past with officer’s reading the registration incorrectly, especially with driving motorcycles. This has caused numerous unsuspecting individuals to receive a ticket in the mail that they are may not be responsible for. A mistake in identifying the driver is also a common error made, which can be based on the quality of the photo that is taken. However, even if a driver’s identity remains in question, this may not stop law enforcement from mailing a ticket anyway, as they may still claim to have sufficient evidence, despite the grainy photo. Although the issue with these erroneously issued tickets may start with the misreading of a picture by law enforcement, most of these errors are never revealed, as many motorists elect to pay the ticket without questioning its validity.
Less resistance can lead to future problems.
The sentiment to take the path of least resistance although well intentioned can in fact cause further harm. The more revenue that is generated without a follow up inquiry into the process, the more successful government officials may claim the red light camera program is in enforcing traffic laws. However, if a consistent record of challenges show that the system is inherently flawed, the more extensive of a record drivers are putting forth to lawmakers in their evaluation of whether the program is in fact a proper use of taxpayer money. It can be easy for many Florida residents who are facing a red-light ticket to cut a check based on their belief that the government has sufficient grounds to penalize them. However, by taking a closer look at the evidence, many people can take a stand. This stand will ensure not only that drivers are not subjected to fines and points on their license that they do not deserve, but may also ensure that the proper procedures are put into place to ensure that law enforcement is correctly doing their job each time they issue a red light ticket.
Ok I am ready to take a stand…now what?
Understanding that you have been wronged is the first step in properly challenging a traffic ticket, but there still remains the question of how one can properly set forth their challenge. As is the case in criminal court, Florida rules allow a defendant in a traffic case to bring witnesses to testify as to the facts of the case. Sworn written affidavits may also be used when witnesses are unable to attend in order to support an individual’s position that they are not responsible for the offense. As is the case with any litigation, it is important to come to court with a solid legal strategy on how to fight the charges. This plan will ensure that the best case is put forward and that each person who has been wrongfully issued red-light camera tickets in Florida, will be able to challenge the questionable evidence that is produced by a piece of unpredictable machinery.