Red-Light Traffic Camera Enforcement: What You Need to Know About a New Amendment to the Law

By Robert Phillips, Deputy District Attorney (Ret).

Red Light Traffic Camera Enforcement: Who is responsible, the owner or driver   

On March 3, 2026, a Broward County, Fla. judge ruled in a 21-page decision that a state law which, in effect, shifted the burden of proof onto a vehicle’s owner when his or her vehicle is photographed blowing a red light, is unconstitutional. (Florida v. Kayla Erin McFadden)  

This issue came to a head when the registered owner of a vehicle challenged the red-light violation ticket she’d received in the mail and argued that it was unconstitutional to put the burden of proof on her to prove that she was not driving instead of requiring the government to prove that she was in fact the driver. The judge agreed. (Of course, if the red-light camera had caught a clear picture of the driver’s face, this would not have been an issue.)  

In Florida, pursuant to Motor Vehicles Statutes § 316.0083, red-light camera infractions are considered “quasi-criminal,”  because it can result in monetary penalties, there’s a formal finding of guilt and the consequences are tied to a driver’s record. The judge dismissed McFadden’s ticket.  

California’s red-light camera law is contained in Veh. Code § 21455.5. This statute has been found to be constitutional, although the case in which it was so held was subsequently de-published. (See In re Red Light Photo Enforcement Cases (2008) 163 Cal.App.4th 1314; review granted and subsequently de-published: (2008), 84 Cal. Rptr. 3rd 37, 193 P.3rd 281, 2008 Cal. LEXIS 11497.)  

As a result, red light traffic cameras remain legal statewide as long as cities meet state rules for signage, calibration and evidence. Violations typically result in a fine, add DMV points and can raise insurance premiums. Also, contesting a ticket means going to court – taking time off work, potentially hiring an attorney, navigating the complex court system and waiting weeks or ....

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