Florida judge rules red light camera tickets are unconstitutional

Judge dismisses red-light camera ticket, rules law is unconstitutional Skip to main content Close Download the App Get your news faster with our mobile experience Install Now 76 ° Sat 82 ° Sun 81 ° Search Search User Icon Watch facebook icon twitter icon ACCESSIBILITY Judge dismisses red-light camera ticket, rules law is unconstitutional by Eric Weiss | Antoinette DelBel Thu, March 5, 2026 at 1:03 PM Updated Thu, March 5, 2026 at 11:33 PM 4 VIEW ALL PHOTOS A Broward County judge has dismissed a red-light camera ticket, ruling that the state law used to issue the citation improperly shifts the burden of proof onto vehicle owners. Comment on this story 21 Comment Share story Share topics: Red-light camera Constitutionality Burden of proof Traffic citation Florida law Automated enforcement Due process Broward County STUART, Fla. (CBS12) — A Broward County judge has dismissed a red-light camera ticket, ruling that the state law used to issue the citation improperly shifts the burden of proof onto vehicle owners. In a 21-page order signed March 3, Judge Steven P. DeLuca granted a defendant’s motion to dismiss a photo-enforced traffic citation issued under Florida’s red-light camera law. The case involved a Sunrise red-light camera citation issued to a registered vehicle owner after automated cameras captured a vehicle entering an intersection against a red signal. The defendant argued the statute unconstitutionally requires the registered owner to prove they were not driving — instead of requiring the government to prove who was behind the wheel. Judge DeLuca agreed. In the order, the court found that red-light camera cases, although labeled as civil infractions, function as “quasi-criminal” proceedings because they can result in monetary penalties, a formal finding of guilt, and consequences tied to a driver’s record. Under Florida Statute 316.0083 , once a camera captures a violation, the registered owner is presumed responsible unless they submit an affidavit identifying another driver. The court ruled that the framework improperly shifts the burden of proof away from the state. Because traffic infractions that move to county court must be proven “beyond a reasonable doubt,” the judge wrote that the statute’s presumption violates constitutional due process protections. As a result, the citation in this case was formally dismissed. Click here to view the PDF file Joel Mumford is an attorney with The Ticket Clinic . He said if the case is quasi criminal, which means almost criminal or criminal-like, the state has to follow procedural due process. "The state or the agencies that issue the tickets, it's their burden to prove all the elements of the crime beyond and to the extent of each and every reasonable doubt. And the first element, which should be, who's driving the car," Mumford said. "The statute in Florida presumes that the registered owner is the driver of the car." Mumford said even though the court order only applies in Broward County, it could open the door for challenges in other parts of the state, meaning other counties across the state following suit. "What could probably happen is they the court could then get an appeal, and then if it goes up to the district court of appeal level and then make a decision on it, depending on what that says, that could then be applied to the entire state, if there's no similar appellate cases throughout the state. So that could make it statewide," he said. Drivers in Boynton Beach want to see the red-light cameras gone. Fifteen red-light camera systems are already running at seven intersections in Boynton Beach alone. Congress Avenue and Gateway Boulevard is just one of them. "I've been ticketed here twice, and it's ridiculous because they it's just not fair," one driver said who didn't want to be identified. The person that does the determination when you ran the light, it's just a random. Whoever they want to pick, pick you to say, okay, you're gonna pay the ticket." That driver had to pay his $158 dollar ticket but he's hopeful Palm Beach County can soon follow suit. He wants red light cameras gone, so future violations could be thrown out. "I think they need to outlaw it and get rid of it," he said. Advocacy group StopTheCams , which has long opposed automated traffic enforcement, called the ruling a major victory. In a press release, the group said the decision confirms what critics have argued for years — that red-light camera laws punish vehicle owners without requiring proof they committed the violation. Supporters of red-light cameras argue the systems improve safety by deterring dangerous driving at intersections. Florida’s red-light camera law, known as the Mark Wandall Traffic Safety Act, allows local governments to use automated enforcement systems. Comment with Bubbles READ THE COMMENTS (21) It remains unclear whether the ruling will be appealed or how broadly it could affect similar cases statewide. For now, the decision applies to this specific case in Broward County, but legal observers say it could fuel renewed challenges to Florida’s red-light camera enforcement system. Trending Florida House votes to let highway speed limits hit 80 mph, axes registration stickers too The Florida House of Representatives passed Senate Bill 1220, which includes an amendment that would allow highway speed limits to increase to 80 mph. Port St. Lucie Police Officer Loses 87 Pounds, Finds New Strength at 51 As America approaches its 250th anniversary, stories of resilience and determination are being celebrated across the country. Woman killed in hit-and-run on I-95, lanes reopen after several hours A woman was struck and killed early Friday morning in a crash that shut down all northbound lanes of I-95 in Lake Worth. Flies on raw fish and clean dishes, and ants under bread racks: 5 restaurants closed Five Palm Beach County restaurants were temporarily shut last week by the state for violations such as flies landing on raw fish and clean dishes, and dozens of Toddler taken into DCF custody, home condemned after drug bust, sheriff's office says A one-year-old child was found living amid narcotics and drug paraphernalia during a search warrant that led to six arrests at an Okeechobee residence. NEWS IN PHOTOS: " Local " 8 A stalled front brings elevated rain chances through the weekend 4 Woman killed in hit-and-run on I-95, lanes reopen after several hours 5 Boca Raton leadership shakeup: Police chief leaves after 40 years 5 25-foot speedboat burns at Marriott hotel, fire now extinguished