FOR IMMEDIATE RELEASE
Broward Judge Rules Red-Light Camera Enforcement Unconstitutional
Broward County, Florida — A Broward County judge has issued a significant ruling challenging the legal foundation of automated red-light camera enforcement used by cities across Florida.
In a 20-page order issued this week, Broward County Court Judge Steven P. DeLuca dismissed a red-light camera citation after concluding that the statutory enforcement scheme violates constitutional due process protections. The court held that the law improperly shifts the burden of proof onto the registered owner of a vehicle to prove they were not the driver.
Traffic infraction proceedings in Florida require proof “beyond a reasonable doubt.” In his ruling, Judge DeLuca determined that the statutory presumption used in red-light camera enforcement—treating the registered owner of a vehicle as responsible for the violation unless they affirmatively prove otherwise—conflicts with that fundamental constitutional standard.
The decision addresses a central legal issue surrounding automated traffic enforcement systems that have generated controversy in Florida and across the United States.
Attorney Bret L. Lusskin of Lusskin Law, who represented the defendant in the case, said the ruling recognizes that automated enforcement cannot bypass core constitutional protections.
“For years, red-light camera enforcement has depended on a legal shortcut: assuming the registered owner of a car must be guilty unless they prove otherwise. That turns the Constitution upside down.”
“If the government wants to accuse someone of running a red light, it must prove who was actually driving, not force citizens to prove they weren’t.”
Lusskin is also the founder of StopTheCams.org, a public advocacy effort focused on examining the legality and fairness of automated traffic enforcement systems.
“This ruling highlights exactly why we launched StopTheCams.org: to bring attention to the legal and constitutional problems with automated ticketing systems.”
Cities throughout Florida rely on the same statutory framework to issue automated red-light camera citations. The ruling raises questions about the constitutionality of enforcement mechanisms that rely on presumptions tied to vehicle ownership rather than proof of who was actually driving.
A copy of the court’s order is available upon request.
Media Contact
Bret L. Lusskin, Esq.
Lusskin Law
Phone: (954) 454-5841
Email: blusskin@lusskinlaw.com
Website: https://www.lusskinlaw.com
Learn more: StopTheCams.org