佛罗里达州法官裁定红灯相机罚单违宪。
Florida judge rules red light camera tickets are unconstitutional

原始链接: https://cbs12.com/news/local/florida-news-judge-rules-red-light-camera-tickets-unconstitutional

布劳沃德县的一位法官最近驳回了一张红灯摄像头罚单,引发了对佛罗里达州红灯摄像头法的潜在挑战。史蒂文·德卢卡法官裁定,现行法规违宪地将举证责任放在车主身上,要求他们*证明*自己当时没有驾驶,而不是要求州方证明*是谁*在驾驶。 法官认为,这些案件由于可能面临罚款和对驾驶记录的影响,实际上是“准刑事”诉讼,因此需要“排除合理怀疑”的证据——这是现行法律的车主责任推定所无法满足的标准。 法律专家认为,虽然这项裁决目前仅限于布劳沃德县,但它可能会激发全州范围内的类似挑战。StopTheCams等倡导团体将这一决定视为反对不公平惩罚车主的胜利。尽管支持者认为红灯摄像头可以提高安全性,但批评者认为它们将收入置于正当程序之上,正如对该系统不公平性感到沮丧的司机所强调的那样。该州的反应,包括可能的上诉,还有待观察。

## 佛罗里达红灯相机裁决摘要 佛罗里达州一名法官最近裁定红灯相机罚单违宪,引发了 Hacker News 的讨论。核心问题不是相机本身,而是法律程序。法院发现该法规要求车主*证明*他们当时没有驾驶车辆,而不是政府*证明*谁在驾驶——这与典型的法律举证责任相反。 评论员们争论了这种做法的公平性,一些人认为车主应该知道谁在使用他们的车辆,并将此与枪支所有权责任相提并论。另一些人援引了第五修正案中的不自证其罪权。一个关键点是,由于潜在的处罚和对驾驶记录的影响,这些罚单被认为是“准刑事”性质的,因此需要更高的证明标准。 许多用户强调了对相机执法自动化性质的担忧,以及潜在的不准确性。一些人建议关注自动驾驶汽车和对累犯更严厉的处罚等解决方案,而另一些人则倡导公民投票决定是否实施相机。这项裁决可能会促使其他州对类似法律进行审查。
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原文

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."

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.

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.

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