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Disputing right on red camera NOV after Mark Wandall

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Stevokanevo

Junior Member
I'm in Florida and received a notice of violation in the mail for failing to stop at a red light. In the Florida State Stautes (316.0083) it reads: "A notice of violation and a traffic citation may not be issued for failure to stop at a red light if the driver is making a right-hand turn in a careful and prudent manner at an intersection where right-hand turns are permissible."
The video evidence shows I was turning right and it is not posted "No Turn on Red". The pictures in the mail show me clocked at 14.2 mph approaching the intersection. The video shows me continuing to slow down with my turn signal on as I make the right hand turn.
How loose is the term "careful and prudent"? Am I simply rolling the dice in regards to the judge's interpretation of this?

Thanks.
 


HighwayMan

Super Secret Senior Member
It probably means STOP and then proceed when safe to do so. I am not aware of any place in the country where one can make a right on red without first stopping.
 

FlyingRon

Senior Member
It probably means STOP and then proceed when safe to do so. I am not aware of any place in the country where one can make a right on red without first stopping.

You can't in Florida, however the Wandall act prohibits using the red light camera to cite people who stop, past the limit line, as long as they stop before the turn -OR- who make the turn in a reasonable and prudent fashion. That is if all the evidence they have that you rolled the stop is the red light camera and you can show you did so in a careful and prudent manner, then they can't convict you.

To answer the original question, rolling around the corner on red at 14 MPH doesn't sound careful or prudent.

If the breathing witness sees you stop past the line or roll the stop, then you are in trouble.
 

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