Red Light Cameras and the Toll Trap: A Due Process Nightmare

By: John Guidry

Usually, this blog sticks to the basics—criminal law, physics, or philosophy. But today, we’re delving into Florida’s Equal Protection Clause and the “insane” reality of running a red light. To figure out what’s fundamentally wrong with red light camera laws, we have to dig deep into an insightful opinion from 2008 regarding toll violation citations.

The problem with modern traffic enforcement is that how you get caught determines your punishment. Basically, you are punished more severely for being caught by a police officer than a red light camera. A trial court once held that these statutes violate the Equal Protection Clause because a driver seen by an officer is subjected to harsher penalties than one “fortunate” enough to be caught by a camera at the same intersection. While the Fourth DCA in State v. Arrington (2012) eventually ruled this was constitutional because camera tickets “punish the owner” while officer citations “punish the driver,” they missed the real issue.

That issue is burden shifting.

Facing a Red Light Camera Citation in Central Florida?

The state wants to presume you were the driver just because you own the car. Don’t let an automated system violate your right to due process. Call John Guidry today at (407) 423-1117.

The Prophetic Warning of Judge John Galluzzo

To understand the due process trap, we look to a prophetic 2008 opinion by Seminole County Judge John Galluzzo in the Baird case. In Baird, most Seminole County toll violation tickets were thrown out because the court realized toll authorities weren’t proving who was actually driving.

Judge Galluzzo warned that the toll statute impermissibly shifts the burden to the vehicle owner to prove they weren’t the driver. As he noted:

“To allow the FDOT to assess points against the driving record of the first named owner of a vehicle… without having to prove that person was the driver… would be a denial of that person’s right of due process.”

This same logic applies to red light cameras today. Under Florida Statute § 316.0083, if a camera ticket isn’t paid, it eventually transforms into a Uniform Traffic Citation that adds points to your record—all without the State ever having to prove you were behind the wheel.

The Current Landscape: 2024 and 2025 Updates

As of July 1, 2025, Florida has added new “transparency” layers to these laws (CS/CS/HB 1363). Municipalities now have to hold public hearings and show a “public safety need” before installing new cameras. But while the legislature is busy adding reporting requirements, the fundamental constitutional flaw remains: the law still forces a car owner to “blab” on someone else or prove their own innocence.

The Florida Supreme Court technically upheld the legality of these cameras in 2018 (Jimenez v. State), but those rulings focused on the delegation of police power to private vendors (like ATS), not the specific due process failure of shifting the burden of proof to an owner who may have been miles away from the intersection.

John’s Takeaways

• The Burden Stays with the State: In every other area of law, the State must prove you committed the act. Red light camera laws “sad but true” turn this on its head by creating a “rebuttable presumption” against the owner.
• The Point Trap: While a camera ticket starts as a civil fine with no points, if it goes unpaid and becomes a citation, those points can hit your license without the State ever identifying you as the driver.
• Local Authority: From Orange to Seminole County, judges handle these differently. Knowing the “Baird” logic can be a powerful tool in a local hearing.
• Right Turn on Red: Always remember—under F.S. § 316.0083, a citation may NOT be issued for a right turn on red if it was done in a “careful and prudent manner,” even if you didn’t come to a full, mechanical stop.
• A “Failure of Proof”: If you weren’t driving, you aren’t a snitch. You have no legal obligation to do the State’s job for them by identifying the actual driver.

The justice system is harsh, and red light cameras are often more about revenue than safety. Since 1993, I’ve been defending the citizens of Central Florida against overreaching statutes and “law enforcement bullshit.” If the State is trying to shift the burden of proof onto you just because you own a car, it’s time to fight back.

Caught on camera? Call John at (407) 423-1117.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.