I finally got to litigate the Dunnellon red Light Camera; after what feels like an eternity of fielding calls a resident finally issued a challenge to the government. The Dunnellon red light camera case was dismissed. Fighting the red light camera ticket was worth it because the government is lacking a very necessary step. I am not going to say what they are missing. If the Dunnellon officer in court was paying attention, they know why the case was dismissed. I urge all of you issued a citation from a red light camera in Dunnellon, Florida to fight back.
Several people have challenged the red citations issued from red light cameras across the state. Recently the Fourth District Court of Appeals held that the statutory scheme does not violate the Equal Protection clause of the United States and Florida Constitutions because ‘owners’ of vehicles are a different class of citizens than ‘drivers’ of vehicles. My constitutional arguments were going to be different as I actually agree that the driver is not necessarily the owner.
I still feel that the violation is of the fifth and fourteenth amendment and not of the equal protection clause. For example if you allow a fourteen year old to drive, you have committed the criminal offense of allowing an unauthorized minor to drive. The statutory scheme of the red light cameras requires that, in order to avoid the citation, you must file a sworn statement which could be in direct violation of the constitution. The shifting of the burden from the government to the citizen is fraught with problems and is why the government is supposed to prove its case against you and not the other way around.
If you have been issued a citation in Dunnellon for a red light camera violation or any other traffic ticket or criminal case click or call today for a consultation.