Red Light Photo Ticket - Cannot See Driver

[19unicorns]

My question involves a traffic ticket from the state of: CA

I got a photo ticket (red light); I plan on doing a TBD because you can only see the chin of the driver (not me, I cant really tell who it is actually). Anyways, will a judge dismiss it based upon the lack of evidence concerning the driver? Thanks so much!

[LawResearcherMissy]

Anyways, will a judge dismiss it based upon the lack of evidence concerning the driver?

Maybe? No one here can make guarantees.

Do you have proof of where you were at the time the photo was snapped? You "can't tell" who was driving, and can't make a guess either? Are you in the habit of allowing people you don't know to drive your car?

[19unicorns]

Maybe? No one here can make guarantees.

Do you have proof of where you were at the time the photo was snapped? You "can't tell" who was driving, and can't make a guess either? Are you in the habit of allowing people you don't know to drive your car?

I was probably at work but I do allow people to drive my car; but regardless, I know I'm not obligated to identify another driver so I'm just trying to see what peoples opinions/experiences are about a TBD challenging the sufficiency of the evidence. From what I understand, CA is not a state that holds the registered owner liable per se. That being the case, if the picture is half a face and I send in a copy of my license, is that enough to dismiss? What is the standard of proof- anyone know? Preponderance of the evidence ? Clear and convincing? Thanks!!!

[Mr. Knowitall]

If you say "I'm not the driver" but don't identify somebody else as the driver, we are not able to tell you if the hearing officer will find that, in his opinion, the chin is yours. The risk to you goes down if you identify a driver with a matching chin.

[19unicorns]

If you say "I'm not the driver" but don't identify somebody else as the driver, we are not able to tell you if the hearing officer will find that, in his opinion, the chin is yours. The risk to you goes down if you identify a driver with a matching chin.

True. I could send in my drivers license picture ? Even if I know who did it, I wouldn't rat them out... So by showing my picture... A mismatch... ? I don't know! We will see how this goes

[Mr. Knowitall]

The judgment of whether or not it's you contains a subjective element. You can send in 1,000 pictures and the hearing officer could still find, "I still conclude that it's your chin."

[That Guy]

^^^Agreed^^^

The question that is lost in all of this is why is it that you're choosing to do a TBD where it takes months to submit an declaration and possibly months to receive a decision all while you are required to post bail for the full amount of the fine at the time when you request the TBD and you'll get it refunded *IF* you are found not guilty, in approximately 6 to 8 weeks after.

If you're so sure you'll prevail, why not walk into court with a copy of your ID and let the hearing officer at the arraignment decide!