CLAY COUNTY, Fla. – A Broward County judge threw out a red-light camera ticket, ruling the statute that shifts proof to vehicle owners is unconstitutional — a decision that could ripple to Clay County, where cameras are active in Orange Park and Green Cove Springs.
The dispute centers on which party must prove who was driving when a camera records a violation. Under the existing process, owners who received citations often must identify the driver or complete an affidavit to avoid fines.
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News4JAX dug a little deeper to learn whether the Broward ruling could affect local enforcement and practices in Clay County.
“I understand that they have a purpose; however, they are costly,” Dominique Grant said. “The tickets we get are expensive. Not a little fine. Like over a hundred dollars.”
Drivers like Grant also said the question of who was driving can be complicated when a vehicle is used by multiple people.
“Cause sometimes a person’s not driving who should be driving. I don’t know,” another driver said.
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Defense attorney Gene Nichols said the Florida statute currently places an obligation on vehicle owners to state who was driving and to file paperwork to contest a citation.
“The Florida statute, as it’s written, allows a car owner to say it was not me, but they have to fill out an affidavit to say it was you driving. Then the state of Florida can come after you, but the question is, should I even have that obligation lawfully?”
Nichols said two things would need to happen for the Broward decision to change enforcement around Jacksonville: the county ruling would need to be sustained on appeal by a district court of appeal, or a higher court would need to issue a statewide ruling.
Orange Park officials have said they are exploring adding red-light cameras at a crash-prone intersection and have defended the devices as a safety measure. Officials reported that last year the town collected more than $2 million in fines, averaging about 53 red-light violations a day.