Forbess Upholds Red Light Status Quo

It Is Unclear If The Ruling Will Be Appealed

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On January 16th, Clay County Judge Ray Forbess ruled against Tyler Wright's challenge to the legality of red light camera citations. Wright, a Fleming Island resident recently accused of running a red light in Green Cove Springs, challenged the tickets' legality in five ways. The ruling effectively upholds the current enforcement of red light cameras but does set the stage for a possible appeal of the verdict.

Clay Judge Set To Rule Red Light Camera Constitutionality

Ultimately, Forbess ruled against all five legal challenges mounted by the defendant, as summarized below:

Tyler Wright's Challenges and Forbess' Rulings:

1. Invalidity of Florida Statute 316.0083: Argued that the statute was invalid as it allowed citations to be issued to vehicle owners rather than drivers. The court rejected this, citing the statute's provision for rebuttable presumption.

2. Due Process Violation via Burden-Shifting: The defendant claimed the statute presumes guilt, violating due process. The court clarified that this is a civil matter, not criminal, and upheld the statute's legality based on precedents.

3. Fourth and Fifth Amendment Violations: The requirement to provide an affidavit with driver details was contested. The court ruled that this does not violate privacy or self-incrimination rights since it's voluntary and for civil infractions.

4. Fourteenth Amendment: The defendant argued that there was no proof of liability without proving the driver's identity. The court dismissed this, stating that liability was presumed on the owner, with options to rebut that did not violate the 14th Amendment.

5. Timeliness of Citation: The defendant argued that being notified 90 days after the alleged violation was too long to ensure a proper defense could be mounted. The court found this period reasonable and within legal bounds.

Ultimately, all the motions to dismiss were thrown out, and Tyler Wright has been officially found guilty of running a red light. Wright has also been ordered to pay a fine of $262 within 30 days.