Legal Question in Traffic Law in Florida

I was ticked for (2) red light camera violations (right hand turn on red without coming to a complete stop) for a car in my name but my wife was driving. I filed the affidavit stating I was not the driver and that she was.

The court responded with a notice to appear in traffic court. The hearing officer said I was guilty of running the red light because I filed the affidavit late and I did not include my wife�s birth date. The affidavit was sent after the UTC was sent but before the final date to respond.

My wife was with me and I offered to bring her forward to provide her ID and birth date. The hearing officer said it did not matter. He played the video and asked me if I had anything to say in my defense. I stated I did not run the red light because I was not driving the car. I offered to bring my wife forward to testify and explain that she was the driver. The hearing officer did not allow me to bring my witness (my wife) forward. He found me to be guilty and gave me a fine of $295.00 x (2) = $590.00.

I was denied my rights. I can�t defend the actions of the driver if I�m not the driver. We were only going to court to get the driver switched. My wife wanted her day in court so she could defend her own case.

What are my options to appeal this to a higher authority? The clerk told me a Motion for a re-hearing has to go right back to the same hanging judge that made this ridiculous decision in the first place.

How and where do I file a motion to appeal?

Do I have a right to a Judge rather than a Hearing Officer? I requested this 2-months before the hearing but I was denied it.


Asked on 3/28/12, 4:23 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Your scenario is the exact reason you need an attorney to fight these tickets. An attorney would probably have set this in front of a judge. There are time limits and the judge felt you didn't abide by them. Further, your hearing is the one chance to come forward with evidence. Why not bring your wife, you knew she was going to be necessary to your defense. Certainly you can appeal, but that can be very expensive. You should talk to a traffic attorney in your area.

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Answered on 3/28/12, 10:50 am


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