By Los Angeles car accident attorney Michael Ehline – Are red light and speed cameras an unconstitutional invasion of privacy or an essential tool for law enforcement to ensure public safety? This ongoing debate in San Francisco and Los Angeles. It has left many wondering where their locales stand on this technology to raise revenue. It appears California and Florida say they are legal, and maybe not in other states.

Michael Ehline is an expert at signal phasing cases, and he understands how technology can be manipulated and used in a way our founding fathers would have agreed to allow. In this blog post, we will delve into the world of red light and speed cameras, exploring how they work, their constitutionality, and effectiveness, as well as legal options for contesting camera-generated tickets and the camera laws by state in recent years.

Did a speed camera ding your driver’s record? Do you think areas like residential streets in your jurisdiction should use this technology? Do you think an argument could be made that this tech reduces fatalities?

As we navigate through this complex topic, you will be armed with the knowledge to form your own opinion on this contentious issue: whether red light and speed cameras are unconstitutional or not. We will look at data from the Insurance Institute and use our decades of experience and knowledge to answer clients’ questions about traffic cam tickets of various types.

Key Takeaways

• Red light and speed cameras have been widely debated due to their implications on privacy, due process, and legal challenges over the last several years. It appears many states allow them in some place or another. In some parts of the country, they are still illegal.
• Research suggests a 42% decrease in red light violations when using these red light cameras. Potential drawbacks should be analyzed when it comes to transportation and safety.
• Drivers can contest camera-generated tickets by understanding the varying laws implemented in each state regarding these programs.

Understanding Red Light and Speed Cameras

Red light and speed cameras are automated enforcement technologies that identify and discourage speeders and red-light violators. Although the recent trend has been towards decreased implementation of these camera programs by governing bodies, they remain a significant concern for highway safety, as 31% of traffic fatalities are attributed to speed. Grasping how these cameras operate contributes significantly to shaping an informed opinion about their constitutionality and effectiveness.

How Red Light Cameras Work

Red light cameras are designed to detect drivers who go through red lights, also known as red light runners. Sensors activate the cams. A camera or cameras snap images when a driver passes over these devices once the light turns red. These cameras capture a photograph of both the car’s license plate and the driver. Subsequently, a ticket is sent to the car’s registered owner, along with photographic evidence, a copy of the citation, and the corresponding amount of fines to be paid.

Although their operation appears simple, strict regulations govern the installation of red light cameras. They must be at least 600 feet away from any posted speed limit change, except near school crossings. This ensures that the cameras are only utilized in areas with high rates of traffic violations.

How Speed Cameras Work

In comparison, speed cameras use various presence detectors embedded in the road, including:

• Radar
• Lidar.

These devices are used to measure a vehicle’s speed. They are placed on the roads to monitor traffic and help maintain safety. The camera records a vehicle’s speed, license plate, date, time, and location if it exceeds the posted speed limit. This information is captured accurately and securely. Fines associated with speed camera violations vary depending on the extent of speeding, but they are typically lower than those of red-light camera violations.

Speed cameras are implemented with the intent to motivate drivers to slow down, thus reducing the rising number of traffic fatalities, especially those involving pedestrians and cyclists. Assembly Bill 645, for example, mandates warning signs to alert drivers of the presence of speed cameras. The idea here is to avoid the appearance of a speed trap.

The Constitutionality Debate

While these cameras may seem beneficial in promoting traffic safety, they have sparked a heated debate over their constitutionality. Critics argue that red light cameras are unconstitutional and can lead to corruption, while proponents assert their necessity in helping law enforcement officers maintain public safety. In California, red light camera tickets have been deemed constitutional, but opinions on this issue vary.

The constitutionality debate revolves around three primary concerns: privacy, due process, and legal challenges. We will delve into these concerns for further understanding.

Privacy Concerns

A significant issue in this debate is the potential rise in government surveillance, infringements on privacy, and potential misuse of data. The American Civil Liberties Union (ACLU) has expressed concerns about increased governmental observation, privacy matters, and potential abuse of data. They propose traffic calming measures, such as speed bumps, as an alternative to speed cameras.

The ACLU has raised serious concerns about the utilization of speed cameras in minority communities. These streets are commonly wider and less supervised, making them more prone to unsafe driving. This further emphasizes the need for careful consideration and balance in implementing these cameras to avoid exacerbating existing inequalities.

Due Process

Due process, a legal concept that ensures individuals are treated fairly without infringements on their rights, is another key concern in the constitutionality debate. Some contend that using red light and speed cameras could contravene the Sixth Amendment’s Confrontation Clause, while others maintain that they do not transgress procedural due process and are constitutional. Each legislature will implement the rules, and their courts will decide disputes. If it goes to SCOTUS, then we will have a final decision.

Until then, with camera-generated tickets, individuals can contest the ticket. The idea is to provide evidence the accused was not driving at the time of the violation. Another option could be to attend traffic school. These options ensure that due process is observed when dealing with camera-generated tickets.

Legal Challenges

Legal challenges surrounding the use of red light and speed cameras are also a critical aspect of the constitutionality debate. Some argue that the cameras may contravene the Confrontation Clause of the Sixth Amendment, which grants criminal defendants the right to confront their accusers. Some law scholars assert there is no corpus delicti in traffic law, and here, there is no reliable witness, making them null and void. However, these people say you must fight the ticket under Penal Code Section 9 and exhaust your administrative remedies.

Nonetheless, courts have generally upheld the constitutionality of red light and speed cameras, deeming them a valid instrument for law enforcement to guarantee public safety. Despite these rulings, the debate over the constitutionality and potential drawbacks of these cameras continues.

Effectiveness of Red Light and Speed Cameras

Beyond the constitutionality debate, the effectiveness of red lights and speed cameras in reducing traffic violations, accidents, and fatalities is also a vital consideration. Research conducted in Oxnard, California, has revealed a 42% decrease in red light violations several months after introducing red light camera enforcement. This indicates the effectiveness of such an approach to curbing this dangerous traffic offense. Nevertheless, these cameras do raise potential concerns, including issues around privacy, due process, and potential legal confrontations.

For a better understanding of these cameras’ effectiveness, we will analyze their impact on traffic violations, accidents, fatalities, and potential setbacks in the subsequent subsections.

Reduction in Traffic Violations

Studies have indicated that camera enforcement can result in a decrease of approximately 40-50% in the number of vehicles running red lights. This suggests that red light cameras are indeed successful in reducing traffic violations. However, it is essential to consider the potential for an increase in rear-end crashes due to red light cameras, as drivers may be more likely to brake abruptly when they perceive a camera.

Despite the potential drawbacks, the overall effect of red light cameras on traffic violations, including more red light runners, remains a topic of ongoing debate. Some studies indicate that they do not enhance overall public safety or decrease the total number of accidents.

Impact on Accidents and Fatalities

While some reports have found red light cameras to be ineffective in reducing collisions, other studies have indicated that red light cameras can reduce the number of fatal accidents at intersections by up to 24%. This highlights the potential benefits of these cameras in promoting traffic safety.

It is crucial to weigh the potential benefits of red light and speed cameras in reducing accidents and fatalities against the possible drawbacks, such as privacy concerns and due process issues. This will enable a more informed perspective on the overall effectiveness of these traffic enforcement tools.

Potential Drawbacks

False positives are a common issue with red light and speed cameras, leading to erroneous reporting and fines. Additionally, there have been reports of corruption in certain states and cities where officials have utilized these cameras as a revenue-generation system.

Potential causes of red light camera corruption could include stipulations in contracts with camera providers regarding required revenue and light timings, which may induce officials to prioritize financial gain over safety. These drawbacks must be considered when evaluating the overall effectiveness of red light and speed cameras in promoting traffic safety.

Legal Options for Contesting Camera-Generated Tickets

Receiving a speed camera ticket can be a frustrating experience, but there are legal options available for contesting such traffic tickets.

Options include:

• Pleading not guilty
• Pay a fine
• Attend traffic school
• Challenging the speed camera system.

Understanding the various legal options for contesting camera-generated tickets can empower drivers to make informed decisions and potentially avoid unnecessary fines and penalties.

Pleading Not Guilty

Pleading not guilty to a camera-generated ticket implies that one is contesting the ticket and asserting that they are not responsible for the violation captured by the camera. By pleading not guilty, one requests a trial where they can present evidence and arguments to prove their innocence. In some cases, this may involve providing evidence that they were not the individual utilizing the vehicle at the time of the violation.

Although challenging a ticket or fine in court can be daunting, comprehending one’s right to plead not guilty and the possible advantages of this action is vital in most cases.

Traffic School

Attending traffic school is another option for those who receive a camera-generated ticket. Traffic school provides instruction in driving and traffic safety, serving as a refresher course for licensed drivers or a requirement for those who have been issued a traffic violation. Though the fee for the violation must still be paid, along with the traffic school fee and a court administrative fee, points will not be added to one’s driving record.

Drivers who attend traffic school might prevent points from being added to their driving records and may even enjoy reduced insurance rates.

Challenging the Camera System

Challenging the camera system is a less common but still viable option for contesting a camera-generated ticket. This may involve questioning the efficiency, legitimacy, or equity of the camera system and taking measures to contest or dispute its application. Potential legal challenges may include assertions of privacy infringements, due process infringements, or other constitutional infringements.

Even though it might be complicated and time-consuming to challenge the camera system, it’s vital for drivers to know all the legal options at their disposal for contesting a camera-generated ticket.

Red Light and Speed Camera Laws by State

Red light and speed camera laws vary by state, with some states allowing, restricting, or prohibiting the use of these cameras. Understanding the red light camera laws and speed camera programs in each state can help drivers stay informed and navigate the complexities of traffic enforcement.

Example: Some states limit the areas where the cams are used as a deterrent in risk areas. Florida maintains a limited, restricted speed camera program. Florida law allowed the use of speed cameras, specifically in school zones and work zones, to enhance safety. However, Florida law imposes strict regulations on using speed cameras, including requirements for signage and visibility.

To provide a thorough overview of red light and speed camera laws, we will discuss the states with camera programs we know about.

States with Red Light Camera Programs

A total of 22 states plus DC have implemented red light camera programs, with regulations that typically necessitate the cameras to be situated in areas with a considerable rate of traffic violations and conspicuously indicated. Timing device manipulation for profit motive will also be covered. Remember, these technologies make up a partnership between a private company and the municipalities. Remember the movie Robocop?

Here are the current states:

1. Alabama
2. Arizona
3. California
4. Colorado
5. Delaware
6. Florida
7. Georgia
8. Illinois, in particular, Chicago, has been accused of suspicious red light camera tickets.
9. Iowa
10. Louisiana
11. Maryland
12. Missouri
13. New York
14. North Carolina
15. Ohio
16. Oregon
17. Pennsylvania
18. Rhode Island
19. Tennessee
20. Texas
21. Virginia
22. Washington
23. District of Columbia.

Drivers need to be cognizant of the red light camera programs and any fines or penalties for their particular regulations in their state. This knowledge can aid them in understanding the traffic enforcement landscape better and making informed decisions while navigating intersections with these cameras. You can consult with one of our considerate and kind personal injury attorneys if you have a question or need greater assistance with a problem we can help solve. Our number can be reached 24/7, and it is (213) 596-9642. Email us for prompt results and call back.

States with Speed Camera Programs

States with speed camera programs include:

1. Arizona
2. California
3. Colorado
4. Delaware
5. Hawaii
6. Illinois
7. Iowa
8. Maryland
9. Massachusetts
10. Minnesota
11. Missouri
12. New Mexico
13. New York
14. Ohio
15. Oregon
16. Pennsylvania
17. Rhode Island
18. Washington.

The regulations of these programs, overseen by the Federal Highway Administration, vary from state to state, with some states, like Pennsylvania, outlining specific pilot programs for automated speed enforcement systems in certain areas.

Familiarity with the speed camera program and regulations in each state can aid drivers in modifying their driving habits accordingly, helping them evade potential fines due to speed camera infringements.

States with No Camera Programs

States without red light or speed camera programs include:

• Maine
• Mississippi
• New Hampshire
• New Jersey
• South Carolina
• Texas
• West Virginia
• Wisconsin.

The reasons for this vary, with some states having laws that forbid the implementation of these cameras while others have not enacted legislation that permits their use.

The lack of camera programs in these states could result in higher instances of traffic violations and accidents, as well as escalating fatalities attributed to insufficient enforcement of traffic laws by law enforcement officials.

Example: Red Light Cameras Found Unconstitutional in Florida But Then Reversed

Not only did a man in Pasco County, Florida, feel it was wrong for his license plate to be taken by a traffic camera to catch people running red lights, but he also felt it was wrong constitutionally. A judge has given a ruling that backs up Thomas Filippone. “This is a matter of unalienable rights,” said personal injury lawyer Michael Ehline, a California lawyer who deals with traffic incidents. “Let’s hope it happens in LA as well,” said Ehline.

As reported by the Tampa Bay Tribune, a $158 traffic ticket was given to Filippone that he is refusing to pay. He also plans to start being extra careful at red lights:

Ehline agrees with Filippone, 45, who feels that under the law, it is their [govt’s] duty to prove the person’s identity driving the vehicle. He states his 2002 Nissan Altima had just crossed the intersection an instant before the light changed to red on April 15. Filippone feels it is unjust how the burden of proving the case is shifted to his shoulders.

When Filippone brought his case before Pasco County Judge Anne Wansboro, he agreed and dismissed the case. Judge Wansboro stated that the burden of proof shifted to the defendant from using the cameras is impermissible. She states that using the cameras is unconstitutional and does not warrant due process.

The case, however, is not entirely closed. According to the Tribune, a motion has not been filed to remove the traffic camera, and they are still in place. (King George would be proud.) Some city officials in the county will also file appeals against the decision made by Wansboro. City Manager Tom O’Neill states that they do not agree with the judge’s decision. He also stated there was no notification of a constitutional challenge given to the city about the cameras on two red lights located in U.S. 19. The city officials’ position is they were not given due process, which eliminated their opportunity to speak.

Joe Poblick, Port Richey city attorney, said the Florida Attorney General’s Office had been notified of the judge’s ruling. Any time the statutes of a state are an issue of constitutionality, it is necessary to notify the attorney general. The cameras are still being used; however, the proceedings are being closely watched as they go through the appeals process by city officials of other counties in Florida. Filippone believes the Pasco ruling stands, and it’s doubtful he’ll get more red-light tickets. He also plans to fight another ticket regarding the same issue using the ruling.

Court Reversed, Red Light Cams Now Constitutional in Florida

A disagreement between two Florida appeals courts, the 3rd and 4th Circuits, caused the Florida Supreme Court to look into whether red-light cameras were allowed by Florida law. The Supreme Court decided that these cameras were legal.

‘In 2014, Jiminez’s ticket was overturned when a Miami-Dade judge ruled the red light camera program in Hollywood was unconstitutional because it gave too much power to the private vendor. But in 2016, the Third District Court of Appeal ruled the program was constitutional because police officers were within the bounds of the law” https://www.wfla.com/news/florida/red-light-cameras-still-legal-florida-supreme-court-rules

Before this decision, many cities were unsure if they could use red-light cameras, and some even stopped their camera programs or chose not to start them. Now, more novel arguments are being made to fight tickets, like yellow lights phasing too fast or some other trick to trigger citations.

Speed Limit Cams are Also Fla Legal

“In approving HB 657, the governor makes speed cameras legal in Florida for the first time by allowing their use in school zones. The owner of any vehicle caught by the camera exceeding the school speed limit by more than 10 mph can be fined $100.” https://www.tampabay.com/opinion/2023/06/02/its-great-news-that-speed-cameras-are-now-legal-florida-school-zones-editorial/

Cash-strapped local governments are relying on automated enforcement as a new cash cow, according to many advocacy groups, including the ACLU. The result is a red light ticket is legal, as is a photo enforcement of speeding. This photo evidence can and will be used against you under state law.

Summary

In conclusion, the debate surrounding red light cameras and speed cameras is complex, involving concerns about constitutionality, effectiveness, and state-specific regulations. By understanding the nuances of this issue, drivers can make informed decisions about traffic enforcement and their rights when faced with camera-generated tickets. Ultimately, the ongoing conversation around these cameras encourages a deeper consideration of traffic safety and the delicate balance between individual rights and public welfare.

Frequently Asked Questions

Can I ignore a Red-Light Camera Ticket in LA County 2023?

Paying a red light camera ticket in LA County can usually be done by mail unless you’ve already contacted the court through lacourt.org. DO NOT ignore the ticket in 2023 just because you hate the tech or think you can say you didn’t get the letter to avoid the penalty. The person driving must own up and fight the red light ticket, or the registered vehicle owner must fight it or pay the moving violation.

Are Red Light Cameras Unconstitutional in California?

Based on California Vehicle Code 21455.5, red light cameras are legal in the state and, therefore, not considered unconstitutional. Courts have agreed they can reduce speeding and improve safety. Fatal crashes and injury crashes being reduced forms a rational basis for the passing of specific provisions of legislation into state rules.

Are Speed Cameras Legal in the US?

Yes, like red light cameras, speed cameras are considered by many courts to be legal in the US, and many states, including the District of Columbia, have passed laws permitting them.

Are Red Light Cameras Still Active in Texas in 2023?

Despite Texas outlawing red-light cameras in 2019, the town of Leon Valley still uses them as of March 7, 2023. (Source: Texas Standard for March 7, 2023.) Most localities are about less government and more personal freedom. Whereas California residents vote for a surveillance state and more government control over their lives in submission to the state.

Are red light and speed cameras unconstitutional?

The answer is they can be in some states and not in others. The debate over red light and speed cameras remains ongoing, with some municipalities arguing that they infringe on constitutional rights and others maintaining they are a valid law enforcement tool that helps exclude a police officer from the transaction. The ultimate say lies with the courts in the various jurisdictions until the Supreme Court renders a ruling after being properly challenged by the right motorists.

Do you get the picture now? If you want to learn more about red light cameras or speed cams, contact Ehline Law Firm at (213) 596-9642.

Resources:

• http://www.theblaze.com/stories/florida-judge-ruling-finds-red-light-cameras-unconstitutional
• Speed cameras in California? New legislation reignites debate
• https://cal.streetsblog.org/2023/09/13/ca-legislature-passes-speed-camera-bill
• Will Gavin Newsom’s Speed Cameras Reduce Fatal Traffic Accidents?
• Traffic Safety Review: State Speed and Red-Light Camera Laws and Programs
• Can I Legally Film Cops?