Frequently Asked Questions
Intersection Safety Program
Why has the City of Miami Gardens
decided to implement the Intersection Safety Program?
According to the
Insurance Institute for Highway Safety, annually nearly 2 million crashes occur
in intersections. In 2005, red light running resulted in 800 fatalities and
over 165,000 injuries.
It is believed that
an Intersection Safety Program will reduce the number of red light crashes and
injuries associated with such crashes. The purpose of this program is to
increase traffic safety in the City of Miami Gardens. The goal of the program
is to reduce red light running violations, red light crashes, and red light
injury crashes without impacting city funds.
What is a red light running
violation?
Pursuant to Florida Statutes §§ 316.0083, 316.074(1) and
316.075(1)(c)1, it is a
violation of the red light if a vehicle proceeds into an intersection equipped
with a photographic traffic control monitoring system when the traffic control
signal for that vehicle’s direction of travel is emitting a steady red signal.
When a motorist receives a Notice of Violation, it has been determined that
their vehicle has proceeded into an intersection by entering the crosswalk on
the near side of an intersection when the traffic control signal, for the
direction in which the vehicle was traveling, was emitting a steady red signal.
Motorists already in the intersection when the signal changes to red, when
waiting to turn for example, are not considered red light violators.
Why
did I receive this Notice of Violation?
Based upon images
captured by the automated system, your vehicle was determined to have failed to
comply with a steady red signal. As the owner of the vehicle, the Notice of
Violation is mailed to you. For every violation captured by the cameras, the
images and video are reviewed and approved by the Miami Gardens Police
Department before a Notice of Violation is issued and mailed to the vehicle’s
registered owner.
If I am in the intersection when
the light is yellow and the light changes to red, will I receive a Notice of
Violation/Infraction?
No. The automated
camera system only becomes active once the red light is showing. It will not
capture a vehicle if the vehicle enters the intersection prior to the light changing
to red. If you entered the intersection on yellow, it is legal to clear
the intersection if the light turned red while you were still in the
intersection.
What
if I am not the driver/owner of the vehicle at the time of the violation?
As the registered owner
of the vehicle, you are deemed responsible for the violation and the payment
the penalty unless, in compliance with Florida Statute § 316.0083(1)(d)1.a-d, you establish by a sworn affidavit that a
statutory exemption applies. The
exemptions are that the motor vehicle: (a) passed through the intersection in
order to yield the right-of-way to an emergency vehicle or as part of a funeral
procession; (b) passed through the intersection at the direction of a law
enforcement officer; (c) was, at the time of the violation, in the care,
custody, or control of another person; or (d) a UTC was issued by a law
enforcement officer to the driver of the motor vehicle for the violation of
Florida Statute § 316.074(1) and § 316.075(1)(c)1 stated in this Notice. The affidavit must be sworn before a
notary public or other person authorized to administer oaths.
If you assert that the
vehicle was in the care, custody, or control of another person, you must provide
the name, address, date of birth, and, if known, the driver’s license number of
the person who leased, rented, or otherwise had care, custody, or control of
the vehicle at the time of the violation.
ACCEPTANCE OF THIS ASSERTION BY THE Miami
Gardens PD WILL RESULT IN THE ISSUANCE OF A UNIFORM TRAFFIC CITATION TO
THE PERSON NAMED IN THE AFFIDAVIT. If
the vehicle was stolen, then the affidavit must include a copy of a
police report showing the vehicle to have been stolen. If you assert that a UTC was issued by a law
enforcement officer for the violation of Florida Statute § 316.074(1) and
316.075(1)(c)1 stated in this notice, then you must
include the serial number of the UTC.
For faster processing, you may, but are not required to, include a copy
of the UTC.
You may download and print the Affidavit of Non-Responsibility form
from the links at the bottom of the page on www.violationinfo.com.
What
happens if I ignore the Notice of Violation?
If you fail to respond, a
Uniform Traffic Citation (“UTC”) will be issued to you, UNDER THIS STATUTE FOR THE STATED INFRACTION you may become responsible
for court fees and costs. Upon
issuance of a UTC, you shall have the remedies specified in Florida Statutes §
318.14, which include the right to have a hearing before a designated official,
who shall determine whether an infraction has been committed. If the official
concludes that no infraction has been committed, no costs or penalties shall be
imposed. If the official concludes that an infraction has been committed, the
official may impose an additional civil penalty not to exceed $500 and court
fees and costs.
I have received a UTC, may I submit an affidavit?
Yes, you may submit an affidavit.
You must download the Post UTC
Affidavit from the links at the bottom of the page on www.violationinfo.com. The Post UTC Affidavit must be mailed to the
Police Department. Submission of an
affidavit does not guarantee a dismissal of the UTC. You may call Customer
Service at 1-866-225-8875 ten (10) days after submission to check on status.
Will I receive any points on my driving record for this violation?
No, this is a
non-criminal infraction that is not reported to the Florida Department of Motor
Vehicles.
Will
my insurance rates be affected?
No, this is a
non-criminal infraction and is not reported to any insurance agencies.
Will the red light cameras take a
picture of the driver of the vehicle?
No. A violation of Florida Statutes §§ 316.0083, 316.074(1) and
316.075(1)(c)1 is a civil violation assessed against the
owner of the vehicle; it is not a criminal violation. Similar to a parking
ticket, there is no need to identify the driver and therefore, no need to
capture the image of the driver.
Is
this only a revenue generating program?
This is a safety
program. Automated safety systems have been shown to reduce red light
violations and intersection crashes. Numerous studies throughout the U.S. and
worldwide, as well as the experience of many other cities, indicate significant
decreases in red light running violations and collisions after cameras were installed.
Often times, a spill-over effect results from automated enforcement: other
intersections not monitored by automated enforcement also see a decrease in
violations and accidents because of the presence of enforcement in other areas
of the community.
What
if I was issued a citation from an officer for the same offense?
The citation issued by a police officer takes precedence over the Notice
of Violation. You must submit an affidavit with the serial number of the UTC
that you received for violation of Florida Statute § 316.074(1) and
316.075(1)(c)1. For faster processing of the
affidavit, you can include a copy of the UTC.
How much time do I have to pay my Notice of Violation?
It is recommended
the completed signed and notarized affidavit or payment be
received 8 days prior to the due date specified on the front page of this
notice to be appropriately processed or a UTC will be issued at a higher
cost. If you have questions regarding payments please contact Customer
Service at 1-866-225-8875.
How can
I pay my fine?
ONLINE PAYMENT: The fastest and
easiest way to pay your Notice is to pay online. Go to www.ViolationInfo.com
and logon with your Notice # and PIN shown in the red box on the front of
your notice. Click the Pay button.
PAYMENT BY PHONE: 8:00 AM to 5:00
PM Eastern time Toll free at: 1-866-225-8875.
PAYMENT BY MAIL: Mail your check or
money order (payable to the City of Miami Gardens) in the enclosed
envelope with the coupon printed at the bottom of the reverse side of this
notice. DO NOT MAIL CASH. Be sure to put the Notice # on the face
of your payment. If you have any questions, please call Customer Service
Toll free at: 1-866-225-8875.
PAYMENT IN PERSON: You may pay in person by check, money order or
credit card (Visa, MC, Amex) at the Miami Gardens Police Department located at
1020 NW 163rd Dr., Miami Gardens, FL 33169. Payment can be made Monday through
Friday between 9:00a.m. - 4:00p.m.
VIEW YOUR
IMAGES AND VIDEO: The recorded images and video of your violation will be
submitted as evidence in proceeding for disposition of the violation. You may view your images and video online at www.ViolationInfo.com. You will need your Notice # and PIN printed
on the front of this notice inside the red box.
If you do not have internet you can schedule an appointment to view the
video by contacting Ms. Davida Murray at the Miami
Gardens Police Department at 305-474-1406.
What is
the Refund Policy?
A
refund check may be issued under the following circumstances:
If you feel as
though you are entitled to a refund, please submit your request on the
Red Light Refund Form
Send the completed form to the address specified at the top of the form.
I
have received multiple Notices of Violation; do I have to send in a payment for
each?
If you have multiple violations in one city you may send one
check with the individual coupons enclosed and the notice numbers written on
the check. If you have multiple violations in different cities you must send a
separate check for each violation. If you send one check for multiple
violations that occurred in different cities your check will be rejected and
returned to you.
What if my check is returned?
A Uniform Traffic Citation may be issued at an increased
amount if the violation payment is returned. You will be responsible to pay
this fine to the court.
Can I make payments in
installments or set up a payment plan?
Payment plans are not available.
I
paid the violation; why did I receive another notice?
The notice you just received could be for additional violations or it could
be a UTC which is now a past due notice. If it is a past due notice,
chances are that your payment and the notice crossed in the mail. It can
take as many as 5 business days to show in the system once the payment is
mailed. Call 1-866-225-8875 to confirm that your payment was
received.
Do
I have to pay my fine the day of the hearing?
You must pay the full fine amount within 10 days of a liable judgment.
What happens if I do not pay the
Notice of Violation?
If you fail to respond, a Uniform Traffic Citation (“UTC”) will be
issued to you, UNDER THIS STATUTE FOR THE STATED INFRACTION you may become responsible
for court fees and costs. Upon issuance of a UTC, you shall have the remedies specified in
Florida Statutes § 318.14, which include the right to have a hearing before a
designated official, who shall determine whether an infraction has been
committed. If the official concludes that no infraction has been committed, no
costs or penalties shall be imposed. If the official concludes that an
infraction has been committed, the official may impose an additional civil
penalty not to exceed $500 and court fees and costs.
I do not believe I ran a red
light. Where can I go to view my images and video?
You can view your images on any computer with an Internet connection.
Log on to www.violationinfo.com. To log on to the site you must enter
the Notice Number and the PIN Number located at the top right of your Notice of
Violation.
I don’t believe I ran a red light
and want to discuss my case with someone.
If you choose to appear before an official
of the county court or plead not guilty, do not respond to this Notice of Violation. You will receive a
Uniform Traffic Citation within 60 days of the Violation Date via certified
mail. Instructions will be provided to
you by the county clerk’s office as to how you should proceed.
How much do I have to pay for a
Hearing?
A person who is found liable after a Hearing can be liable for an
additional penalty, courts costs and fees not to exceed $500, in addition to
the amount of the civil penalty assessed for the violation.
Can I schedule a hearing?
No, you cannot schedule a hearing.
If you wish to have a hearing, do not respond to the Notice of
Violation. A UTC will be issued with instructions on how to proceed for a
hearing.
Can I make a hearing request over
the phone?
No.
Can someone other than me attend
the hearing?
Only you or your legal counsel may appear at a hearing.
Is there more than one place that
I can attend my hearing?
No.
Can I bring a lawyer to the
hearing with me?
Yes.
How do I know that these
violations are valid?
Images of your vehicle were captured and recorded by a Traffic Safety
Camera. You can review your images and video of the actual occurrence online.
The images and video were reviewed by several qualified technicians and finally
by the Miami Gardens Police Department before the alleged civil infraction was
affirmed and mailed to you as the registered owner or identified driver.
What company provides the red
light camera program in Miami Gardens?
The City of Miami
Gardens has contracted with American Traffic Solutions Inc. to provide the
Intersection Safety Program. ATS will install and maintain all equipment related
to this program and process all violations captured by the equipment.