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Barry D. Kowitt is one of the founding partners at Unger & Kowitt, where they have helped over 500,000 people fight back. 

In this blog, he shares with you his views on the traffic ticket system, as well as providing traffic ticket solutions that really work, no gimmicks. Hint: saying "my car doesn't go that fast" isn't going to cut it.

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New Ruling Makes Red Light Camera Ticket Unconstitutional

 

red light camera ticket*** 7/29/2013-  To read new information in regards to red light camera tickets please visit our updated blog post. ***

There is great news in the Red Light Camera Ticket world.  A Broward County judge has ruled some Red Light Camera Tickets are unconstitutional and has thrown them out.

Now, before you run out and start running every red light you see, let me explain the ruling. 

For years, I've been railing against these red light camera tickets.  A quick glance at our blog will show at least half a dozen posts where I detail all my arguments against these money making devices being crammed down our throats.  Suffice to say, I have a host of problems with them.  And based on the feedback I'm getting, I know you do to.

Well, I'm pleased to report, little by little, the tide seems to be turning.

Judge Steven DeLuca, a Broward County Judge just signed an order where he agreed with one of my many complaints.  (It wasn't my motion he ruled on, but I've certainly raised these points here in the blog).  Here's the ruling in a nutshell.

Prior to the ruling, if two people owned a car together, meaning two names were on the registration, and that car went through a red light camera intersection, the name that appeared first on the registration was the one that would get the ticket. 

How crazy is that?  Who's making these ridiculous decisions?  What if three names appeared on the registration, would they resort to eenie, meenie, miney, mo?

Judge DeLuca's ruling says that by choosing the top name on the registration, it is a clear violation of the equal protection clause of the constitution which deals with treating similarly situated people differently (which in legal terms is a big "no-no").

It's become so obvious that the people in charge could care less about the constitution and only about sticking citizens with a huge fine in the hopes that they just shut up and pay.  Well guess what?  This ruling gives a voice to the people who refuse to just shut up and pay.

As I've been saying, we need to keep fighting back against this kind of nonsense.  Only by fighting back and voicing opposition will anything be done.

This ruling does not apply to all red light camera tickets that have been issued, so please don't run into every court using this argument.  At the moment, it's just this issue and only in front of Judge DeLuca.

If you have a red light camera ticket and want to fight back, I encourage you to do so.  But if you want a professional opinion for free, we're happy to watch your video and discuss your case with you.

 

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Comments

What is the actual date of his order? I am going to quote this ruling in court. thanks.
Posted @ Monday, June 04, 2012 10:35 AM by robert
You guys are too much! The YTicket Clinic got that ruling! In fact, we have been the only law firm thats been getting these thrown out on constitutional and evidentairy motions..you just hop on our coattails..So how about some honest blogging?
Posted @ Friday, June 15, 2012 11:15 AM by Mark Gold
I don't care who got the ruling first. Just as long as it gets out to the public.  
As far as someone riding your "coattails", it seems to me that the only way you got where you are today is by soaking the public's money. So wouldn't that mean you "Lawyer's" are riding our "coattails"!
Posted @ Saturday, June 16, 2012 9:50 AM by John Tant
Hi Mark and thanks for commenting. Your law firm is not the only one that's getting these cases thrown out on constitutional and evidentiary motions. Your lawyer did argue this motion (I even said it wasn't my motion) and good people like John Tant (see comments) get to benefit. That's what it's all about.
Posted @ Saturday, June 16, 2012 10:50 AM by Barry Kowitt
Hi John and thanks for weighing in. I agree with you 100% that the most important thing is that the public becomes aware and fights back. 
 
At Unger & Kowitt, we feel the traffic ticket system is completely out of control because it's focused more on revenue than public safety and encourage everyone to fight back either with an attorney or by yourself.
Posted @ Saturday, June 16, 2012 10:57 AM by Barry Kowitt
I just got one of these tickets, really sucks cause now I'm really paranoid about cameras installed at intersections, Its just wrong especially when your taking a left turn at a intersection. I just paid it, cus I didn't know how to fightback. I really really dislike these red light cameras. Is there like an app that tells you where the cameras are located? Google maps should make that add- on.
Posted @ Tuesday, September 11, 2012 11:19 PM by Ur the Mook
anyone know the name of the company involved in this operation? I would like to know, so I can buy some of their shares. They must be raking in the money. Joking about the shares, I say thumbs down to these cameras.
Posted @ Tuesday, September 11, 2012 11:33 PM by Peter Lumbrowsky
It's American Traffic Solutions and they are a private company in Arizona. Based on the millions they spend on lobbyists, I would say they are raking it in as well.
Posted @ Wednesday, September 12, 2012 7:35 AM by Barry Kowitt
I have just been informed by a tag agency that my grandfather was issued a red light camera ticket and his license has been suspended. The problem with that is my grandfather is 90 years old and hasn't driven in about 5 years. Since him and my father are on the registration for my car, they just picked out of a list of names on my registration who to issue the ticket to. Now I am not able to renew my tag until I pay the ticket and for his license to be reinstated. This is ridiculous!! I want to know of I would be able to get this all thrown out based on what you're saying here.. ? Does my situation apply?
Posted @ Thursday, October 04, 2012 2:30 PM by Renee R.
What if they can't identify the driver because of window tint? Will they be able to enforce it, if they don't know who is driving?
Posted @ Friday, October 12, 2012 4:32 PM by Ryan
Ryan, they don't have to be able to identify the driver. This is why these type of tickets are so unconstitutional in my opinion. They have written the law in such a way that are ticketing the owner of the vehicle REGARDLESS OF WHO WAS DRIVING. This is completely different from all other tickets. You are going to need a better defense.
Posted @ Friday, October 12, 2012 4:56 PM by Barry Kowitt
Renee, 
I'm sorry it has taken me so long to get back to you. I just saw the post. The answer to your question is. . .it depends." Some counties in Florida are throwing out the ticket if there is more than one name on the registration (as you've indicated). 
If you call the office, we'll be happy to give you more information. We offer a free consultation, and you might benefit from this.
Posted @ Friday, October 12, 2012 5:00 PM by Barry Kowitt
I have purple heart tags I went thru the light and you can not even count 1001 completely before the car went over the line at first i went to stop but knew I would be out in the intersection if I did so I sped up and tried to get thru before the red because I was looking at my gps for the speed limit because it changes back and forth 45 to 55 my wife said watch your speed so when I looked back up the light had already been yellow and I did not know for how long and as I explained above I had to go thru it because I read somewhere 1. a person has to have the intent to go thru the purpose of knowingly that I want to go thru the light on purpose as opposed to someone not trying to break the law but it happens, and also that I have to think of the cercomstances if what would be the best solution of slamming on my breaks and ( I have had 4 neck operations ) hurting myself and might have blacked out or landed in the middle of the intersection. There were no cars in the turning lane on the other side and no one comming thru the intersection even as my car is way past the light and the film ends. Is there a chance of the purple tags helping me which I have been stopped by police before and let of with a warning for going to fast and with no one in the intersection or even near it. The intersection is a road comming from the right and then has to turn left as the way I was going and no street on my right side. I have no tickets in I do not know how long and I have been down in FL for 5 years. Do you think the Judge might let me go, 
 
 
 
Sam 
 
Posted @ Wednesday, October 17, 2012 4:19 PM by Sam
But if red light camera tickets are unconstitutional because they punish the registered owner of the vehicle who may not be the guilty party doesn't that same argument apply to parking tickets and toll fees? Those citations are given to the registered owner regardless of who was in control of the vehicle at the time of the violation. Moreover toll violations if unpaid will result in license suspension and points on the license of the registered owner. Parking tickets unpaid means that you can't renew your registration. So it seems to me that it is not just red light camera citations that are unconstitutional, it is toll violation citations and parking tickets. Could you explain the difference?
Posted @ Monday, October 29, 2012 10:08 PM by Richard
Richard, 
You make some great points. One of the key differences between tolls and parking tickets, is that these are basically "non-moving violations" that are geared towards raising revenue. They are not violations inherent to one being a safe driver.  
On the contrary, running a red light is one of the more dangerous things a person can do and goes to the essence of public safety. For this reason, if a police officer stops a red light runner, a citation is issued to the driver, and the state is put on notice. If you do this enough, you will lose your license, as you have proven to be someone the state has an interest in keeping off the roads. 
Now, along comes the red light camera ticket issued by a machine. It's the same dangerous act, yet for some reason, the state has decided not to make this a part of whether a person should lose their license (and/or receive points). In theory, a person of means could continue to run red light after red light, and if they paid $158 ever time, the state wouldn't be alerted to this potential danger. The state is making a bizarre exception to the entire traffic system, which is supposed to be about safety, in the name of revenue. Ticketing the owner doesn't remove the potential danger to society.
Posted @ Tuesday, October 30, 2012 9:19 PM by Barry Kowitt
I would like to discuss my ticket with you, how should I contact you?
Posted @ Saturday, November 03, 2012 8:06 PM by Kyle
Kyle, 
 
The best way to reach me is to call my office at 800-489-4125. I will be in tomorrow (monday 11/5). 
 
Thanks. 
 
Barry Kowitt
Posted @ Sunday, November 04, 2012 6:49 PM by Barry Kowitt
What if you received the notice and there was no driver picture, just the truck (commercial) and the license plate. It is made out to the registered owner of the truck, and that is my family's corporation. Who will get the ticket? Certainly not the corporation. They don't have any idea who the driver was, or my name. What do you think?
Posted @ Friday, November 23, 2012 10:24 AM by Dan Dwyer
I just received a notice for turning right on red. I did not see any photo enforcement sign anywhere. Also, on the citation it said I was driving a Chevy when I was driving a Ford. Does this disqualify the ticket even though the plate matched?
Posted @ Monday, November 26, 2012 4:39 PM by Mark S
Dan and Mark, thanks for commenting here on our blog.  
 
Dan, in your case, because it's a corporation, the registration will likely be held up until the matter is paid. 
 
Mark, I think the best thing you have going for you is the fact that you turned right on red. If you did this in a reasonable and prudent manner (and it was in FL) there's no reason you should get the ticket (unless there is a sign). 
 
Thanks. 
 
Barry Kowitt
Posted @ Monday, December 03, 2012 3:54 PM by Barry Kowitt
I rented a car in Fort Lauderdale on Oct. 11 and drove to Key West and did not return to Fort Lauderdale until Oct. 14. I some how have a ticket for running a red light on Oct. 13 at 7pm. I know the car was not driven because I was out on a fishing boat until 5pm and there is no way the car could have been in Miami at 7pm without my knowledge any idea of how this could have happened and how I may fight it.
Posted @ Tuesday, December 11, 2012 7:10 PM by Malinda
Malinda, 
 
Thanks for your question. Have you seen the video showing the car under the red light? Is it yours? It is certainly possible there could be a mistake, especially with a rental. If you want to call my office, we'll see if we can offer you some additional help. 800-489-4125. 
Thanks. 
 
Barry Kowitt 
Unger & Kowitt
Posted @ Thursday, December 13, 2012 10:32 AM by Barry Kowitt
If you get a red light photo ticket in the mail and it is not you driving. Are you obligated to reveal who the driver is?
Posted @ Tuesday, January 01, 2013 12:31 PM by David Eshelman
I moved and the camera ticket was returned to the Police Department. Therefore I was never served with the ticket nevertheless my license is now suspended for failure to appear and there is a judgement in court by default of $260.00. In order to get my license back I need to pay the fine plus DMV reinstatement fee. I feel violated and disgusted with the way the legal system is conducting this money making business. In my opinion they are resorting to racketeering and extortion like tactics to make money. Joe
Posted @ Thursday, January 03, 2013 8:32 AM by Joe
We have new cameras in our city that only monitor two ways of a four-way light. So you get a ticket if you are going north and run the light but not if you are going south. How can that be fair and right? I sit and watch people run the light all the time because they know the cameras aren't on them. What is that saying? That the city only cares about your safety for half the intersection?
Posted @ Friday, January 04, 2013 3:26 PM by Pam S
I have a Garmin GPS and it sounds an alert when approaching a Red Light camera intersection.
Posted @ Friday, January 04, 2013 4:17 PM by DaveM
Getting ready to fight one of these in court because we're not sure who the ticket should go to, our company has fleet vehicles and we received a ticket with no ones name on it, just garbled words with an address, it could have been any of our 30 people that work for the company locally, since it was from 2 months ago no one can remember who may of been driving the car that day, our company is nation wide so i'm not sure who is even responsible. Should I have the payroll department in another state pay it or mabye I should foward it to the president of our company, wherever he might live. Curious to see what the judge says we should do. We're hoping it will just be dismissed since this is the 1st offense anyone has had in our company, oh and the offense was not coming to a complete stop on a right turn.
Posted @ Tuesday, January 29, 2013 11:35 PM by James
James, thanks for the comments. Unfortunately, the driver is not who gets ticketed in red light camera cases, so the inability to determine who was driving will probably not be a valid defense. The better part of this is that it's for a right turn, which is not illegal if done with care. I think that is why it will be dismissed. Good Luck and keep me posted. 
Barry
Posted @ Thursday, January 31, 2013 4:30 PM by Barry Kowitt
I received a red light citation. they have to pictures one with me stopped at the red light and one with me passed the red light. they have my license plat but not a picture of me and I am the owner of the vehicle. I really dont remember this day. Can I fight this ticket. If I can under which law
Posted @ Friday, March 22, 2013 8:41 PM by Tasha Smith
I signed the affidavit indicating that an emergency vehicle was position behind me with lights and sound blaring. I got no response from the clerks office and still have not been issued citation but DMV issued a letter saying license will be suspended 4/24/13 Any help?
Posted @ Tuesday, April 09, 2013 5:31 PM by William Curtis
I just returned from court. At the time of the infraction recorded by the camera, I was not driving, it was a licensed co-worker who I had to send out to get parts while I stayed with the client. Regardless of who is driving the car, if there is not a PERSON there in court TO TESTIFY that they witnessed the infraction, and can positively IDENTIFY the person committing it, it is completely unconstitutional. The number of reasons why someone else might be driving a car are legion, but in fact irrelevant, because on A PERSON should be able to issue citations, based on eyewitness proof. So, my question is, how do we sue the city, or start a petition, or do whatever is necessary to have the cameras removed, as they have been in other states?
Posted @ Thursday, May 30, 2013 12:15 PM by John Loughlin
On 12/19/13 Thursday at 14:03, I was behind a car making a right turn. I did a complete stop before making a right turn and proceeded with extreme caution. Unfortunately, a few second before the turn, the light turn red and I was issued by the red light camera ticket citation stated "fail to stop red signal NB to EB Canoga Ave @ Saticoy Street, Winnetka, CA 91306". The bail amount is $490. Is it worth to have a lawyer to look into the case ?anything advice would be helpful. Please advice.  
Posted @ Tuesday, January 07, 2014 4:54 PM by Julia Tong
Everyone should see this information, and if anyone uses a letter like this, I'd love to know the result.
Posted @ Tuesday, January 07, 2014 5:14 PM by John Loughlin
Everyone should see this information, and if anyone uses a letter like this, I'd love to know the result.  
 
 
http://blogs.riverfronttimes.com/dailyrft/2013/12/avoid_paying_red_light_camera_ticket_st_louis.php
Posted @ Tuesday, January 07, 2014 5:15 PM by John Loughlin
I own a company and have a trailer that is used by multiple companies. Since the trailer is much larger than the truck the trailer got the ticket. My question is that when pulling a 7,000 lb trailer with just a regular V8 truck (which has towing capacity for the trailer). In this and almost every case, when you are pulling a load like that it is much harder to stop wen the light turns yellow without it being unsafe. Abrupt stops when pulling a trailer can create a jackknife type situation so what are your thoughts on that? Thanks
Posted @ Wednesday, January 29, 2014 9:24 AM by Al Rogers
John, 
 
Unfortunately, letters like this as part of your "affidavit of defense" won't work in Florida. The law has been written in such a way as to allow for these obvious blatant circumventions of the constitution. The good news is that these matters are currently up on appeal and some cities are already taking them down. Until they realize they cannot make money with these, they will continue to use them. We need to keep fighting back. 
 
Thanks. 
 
Barry
Posted @ Wednesday, January 29, 2014 4:52 PM by Barry Kowitt
Al, 
 
My concern in the situation you described go beyond red light cameras and tickets. My concern is that if you know you can't stop in the same amount of time that you normally would be able, if you were not pulling a trailer, than you should probably be driving slow enough so that if you see a yellow light, you would be able to stop safely without injuring yourself or anyone else. Safety should always be the number one concern. I'm sure that would be the argument against you if you went to court and tried to use that defense. 
 
Barry
Posted @ Wednesday, January 29, 2014 4:56 PM by Barry Kowitt
1st, it seems the citizens of the U.S. have completely forgotten why the Revolutionary war was fought and why this country was founded, and now are letting their own government roll over them without a fight. 
2nd, so many people complain about these camera tickets, but why can't the public unite to stomp them out. My Revolutionary relatives must roll their grave everyday in sickness at what this country has become.
Posted @ Saturday, February 08, 2014 10:14 PM by CH
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