[May 18, 2013] Red-light-camera changes could make it tougher to win appeal Tweet May 18, 2013 (Orlando Sentinel - McClatchy-Tribune Information Services via COMTEX) -- Motorists soon may find it harder -- and more expensive -- to fight tickets issued when red-light cameras snap their photos. The red-light-camera changes would take effect in July if Gov. Rick Scott signs a massive transportation bill that includes the new regulations. A spokesman said Scott is reviewing the measure (HB 7125) but would not comment further. Proponents of the changes are primarily state, city and county officials who have set up at least 400 cameras operating statewide so far. They say the revisions would streamline the process and do away with some of what they believe are unfair objections used to rescind tickets. "Courts were doing all kinds of different things with this," said Jodi Litchford, Orlando's deputy city attorney. But John Bowman of the National Motorists Association said the changes are designed almost solely to make it easier for government agencies and camera companies to collect fines. "I don't see anything that is increasing safety or modifying behavior," said Bowman, who works for a drivers-advocacy group based in Waunakee, Wis. Among the major changes: --Court costs would rise to as high as $250 under the new law, though city and county officials say they have not decided whether they will levy the maximum surcharge. Right now, court costs of about $100 are added to the $158 ticket penalty if a motorist loses the appeal. --Rules of evidence, a basic right in court, would no longer apply. That means motorists or their attorneys no longer could question whether the cameras are calibrated correctly or the photos and video were properly transmitted to the court. Orlando recently had nearly 50 cases overturned because an attorney successfully argued that the city was not allowed to have its contractor, American Traffic Solutions, send the pictures and video to the court. The lawyer said the city had to handle such matters to ensure the evidence had not been tampered with. Other attorneys in cities such as Winter Park and Maitland won cases by saying the cameras were not "authenticated," meaning there was no proof that they worked properly. Litchford said video and photos of motorists running lights are irrefutable evidence of wrongdoing and that arguments on whether the process is conducted correctly are not on point, even though some have been successful in getting the $158 fines thrown out. "There's really not any question about what happened," Litchford said. Bowman disagreed, saying, "If you take all that away and you go to court and try to fight the ticket, you are not going to have much to go on." --No ticket can be issued for turning right on a red light if the motorist comes to a complete stop first. Some cities, including Apopka at one time, issued tickets if a car stopped after the white line painted at intersections. Apopka Capt. police Randy Fernandez said the city's current policy only calls for a complete stop, whether before or after the line. "We're glad that things are being clarified and cleaned up," Fernandez said. --Cities and counties with cameras would no longer have to send ticket appeals to local courts and instead could hire their own hearing officers. That was the system used before the Legislature passed a law in 2010 allowing cameras to be used on state roads. Critics such as Bowman say this change is a conflict of interest because the hearing officer essentially is paid by the city or county whose ticket is being contested. More than 100 governments have traffic-light cameras in Florida. A state House survey, based on the responses of 73 agencies, found more than 400 intersections were being monitored across the state. Orlando was the first major city to install cameras and has issued $9.1 million in fines during the past two years, collecting $6.1 million. By state law, it must share revenues with the state, and it has sent $3.1 million to Tallahassee. Orange County commissioners recently voted to add as many as 70 more cameras. The county now has 10. [email protected] or 40-7-420-5444 ___ (c)2013 The Orlando Sentinel (Orlando, Fla.) Visit The Orlando Sentinel (Orlando, Fla.) at www.OrlandoSentinel.com Distributed by MCT Information Services [ Back To TMCnet.com's Homepage ]