ORANGE COUNTY, Fla.,None — WFTV's 9 Investigates has looked into a major new twist in Central Florida's red light camera debate. Drivers have challenged their effectiveness, and one lawmaker is working to ban the cameras entirely.
Investigative reporter George Spencer learned why many red light violations that go to court are being thrown out anyway.
Red light camera violations are often blatant, and since they're caught on camera, two-thirds of ticketed drivers just pay the $158 citation to clear their records.
But Peter Schaeflein is a self-described fighter who took his violation from the intersection at Orange Blossom Trail and the 429 to court.
"I thought there was a good chance of possibly getting the ticket thrown out," Schaeflein said.
His instincts proved correct. We discovered that judges are dismissing a many of the red light camera violations that drivers contest in court because law enforcement can't get the critical video entered as evidence.
"I haven't lost one of these in front of a judge in probably 6 or 7 months," traffic attorney Adam McGinnis said.
McGinnis said most local municipalities contract with out-of-town companies to install and monitor red light cameras, some as far away as Arizona.
But for video to be entered as evidence, the law generally requires someone to be in the courtroom to testify that the clip is authentic and accurate. A police officer who's seeing the video second-hand isn't sufficient for many judges.
In Schaeflein's case, Orange County Judge Jerry Brewer wrote, "Without the video or still photos, there is a lack of evidence of any infraction being committed."
"If we can keep that video out, then there's no evidence they can present in court," McGinnis said. "Case dismissed."
It's not possible to calculate how many red light cases have been dismissed on these grounds. No one specifically keeps track.
But we found that on just one day in December 2011, two Orange County judges dismissed 72 violations, or more than $19,000 in fines.
Though Schaeflein doesn't encourage red light running, he doesn't mind avoiding that fine.
"It's a loophole like you said. But I don't write the laws," Schaeflein said.
High-volume traffic attorneys will take these cases for less than $100, so you do save money if you fight and win.
Meanwhile, local representative Scott Plakon is pushing the newest ban on red light cameras, saying the law is poorly written. A similar plan failed last year.