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Florida Judge Rules Red Light Camera Tickets Unconstitutional

A single courtroom ruling in Broward County, Florida, is shaking the foundation of automated traffic enforcement across the state. Judge Steven P. DeLuca has declared red light camera tickets unconstitutional, and the ripple effects could reach far beyond one dismissed citation.

What Happened in the Broward County Courtroom

3 The case began when a 24-year-old Tamarac woman’s car was photographed crossing the intersection of Northwest 25th Court and University Drive in Sunrise on May 27, 2025. 3 After the woman ignored the initial citation, she received a second for failing to respond to the first one.

Her attorney, Bret Lusskin, stepped in with a bold argument. 3He argued that the citations were illegal because they assumed the registered owner of the car was also the driver who ran the red light.

2 In a 21-page ruling dated March 3, Judge DeLuca threw out the camera-generated ticket from the city of Sunrise, finding that Florida Statute 316.0083 violates due process under both the U.S. and Florida constitutions. The citation was formally dismissed.

The judge wrote that the government must prove guilt, not the other way around. 5“Under this red-light camera scenario, the actual violator is never identified,” the judge stated in his order.

Florida red light camera ticket unconstitutional ruling Broward County

Florida red light camera ticket unconstitutional ruling Broward County

Why the Judge Called These Tickets “Quasi-Criminal”

2 Here is how the current Florida system works: a camera photographs a license plate, the state mails a fine to the registered owner, and that person bears the burden of proving they were not driving. 2 You do not have to be behind the wheel to get the ticket. You just have to own the car.

That setup troubled Judge DeLuca deeply.

2 He classified these cases as “quasi-criminal” proceedings because the penalties, including fines of $158 or more, formal guilt findings, and marks on driving records, function like criminal sanctions. 12 According to the ruling, those consequences trigger constitutional protections that require the state to prove guilt beyond a reasonable doubt.

Attorney Joel Mumford of The Ticket Clinic broke it down simply. 1“It’s their burden to prove all the elements of the crime beyond and to the extent of each and every reasonable doubt. And the first element, which should be, who’s driving the car.”

Key takeaway: Under current Florida law, you are presumed guilty if you own the car. Judge DeLuca says that flips the Constitution on its head.

A Billion-Dollar Industry Under Threat

This is not just about one ticket in Sunrise, Florida. The financial stakes are enormous.

2 Florida’s red light camera program has collected more than $1.2 billion in fines since 2010. 16 About $95 million worth of violations were paid in the 2024-25 fiscal year across the state.

Here is how each $158 red light camera fine gets divided under Florida law:

Recipient Amount
State of Florida general revenue fund $70
City or county where the violation occurred $75
Trauma care and emergency medical services $10
Brain and spinal cord injury trust fund $3

15 Currently, only 39 jurisdictions maintain active red light camera programs in Florida, down from 82 in 2014. But the cameras still issue a staggering number of tickets. 4 In Pensacola alone, each camera location averaged nearly 100 citations a day. The city reported more than 29,000 violations in 2025. 6 Orange Park officials reported that last year the town collected more than $2 million in fines, averaging about 53 red light violations a day.

Lusskin, the attorney who won the case, did not hold back. 8“It’s not about safety. It was never about safety. It was just about money.”

22 Florida’s statewide crash data shows more crashes, more dangerous crash types, and more serious injuries at red light camera sites, along with no improvement in fatalities. 17 An investigation found that in more than half of Florida communities with cameras, crashes involving red light runners increased or stayed the same year over year.

What This Means for Florida Drivers Right Now

Let’s be clear: this ruling does not kill red light cameras across Florida. Not yet.

3 The ruling does not apply outside of Broward, or even outside of cases that come before another judge. But it sets the stage for a fight that could end up decided by the Florida Supreme Court. 14 The city of Sunrise has already asked DeLuca to certify the case directly to the Fourth District Court of Appeal, bypassing circuit court. 14 The red light camera industry will surely intervene, and the Supreme Court is the likely destination for this case. 14 If the ruling is upheld on appeal, the implications are enormous and not just for red light violations. Thousands of car owners are also being charged in Florida when cameras catch their cars speeding in school zones or passing stopped school buses.

Here is what drivers should know right now:

  • Pay attention to deadlines. Ignoring a red light camera ticket can escalate the fine and lead to additional legal trouble.
  • Document everything. If someone else was driving your car, make note of it immediately.
  • Talk to a lawyer. 3Lusskin is advising ticketed drivers and vehicle owners to get in touch with a lawyer and make note of DeLuca’s decision.
  • Stay informed. The legal landscape is shifting fast. What applies in Broward County today could apply statewide tomorrow.

Where Red Light Cameras Stand Across the Country

Florida is not alone in this fight. 23Red light camera laws in 2026 show that 25 states now permit them while 9 have a full ban.

23 Red light cameras are currently illegal in nine states: Idaho, Maine, Mississippi, Montana, New Hampshire, South Carolina, South Dakota, Texas, and West Virginia. Texas banned them in 2019 after years of public backlash. 29 In 2026, several trends are shaping how traffic cameras are used and regulated. Increased reliance on digital evidence, expanded use of license plate readers, and growing public scrutiny have prompted legislative reviews in many states. 9 Emerging systems powered by artificial intelligence are already expanding automated enforcement capabilities in some parts of the country. These systems can identify multiple types of traffic violations simultaneously and analyze traffic patterns in real time. Some jurisdictions have begun testing AI-assisted cameras capable of detecting speeding, illegal turns, and other violations automatically.

But more technology does not automatically solve the constitutional problem. The core issue Judge DeLuca raised is about who carries the burden of proof. Until that question gets answered by a higher court, automated enforcement systems will remain legally vulnerable.

The fight over red light cameras in Florida is now bigger than one ticket, one driver, or one courtroom. It is about a fundamental question in American law: can the government punish you for something it cannot prove you did? 8Lusskin has been fighting against the red light cameras for many years. He helped found StopTheCams.org, trying to overturn the law allowing people to be ticketed for running red lights. For him and millions of Florida drivers, this ruling feels like the beginning of the end. For cities relying on camera revenue, it feels like a financial earthquake. Either way, the next move belongs to the appeals court, and every driver in Florida should be watching closely.

Drop your thoughts in the comments below. Have you received a red light camera ticket in Florida or any other state? Do you think these cameras protect public safety, or are they just cash machines? Share your experience with #StopTheCams on X and let your voice be heard.

About author

Articles

Sofia Ramirez is a senior correspondent at Thunder Tiger Europe Media with 18 years of experience covering Latin American politics and global migration trends. Holding a Master's in Journalism from Columbia University, she has expertise in investigative reporting, having exposed corruption scandals in South America for The Guardian and Al Jazeera. Her authoritativeness is underscored by the International Women's Media Foundation Award in 2020. Sofia upholds trustworthiness by adhering to ethical sourcing and transparency, delivering reliable insights on worldwide events to Thunder Tiger's readers.

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