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.
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."
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