Red Light Camera Ticket in California, but Not the Driver
My question involves a traffic ticket from the state of: California
My dad (currently residing in San Jose) received a red light camera ticket, but he was not the driver in the photo. I was. I was on a day trip in Los Angeles (I live in San Diego) and I guess I learned that day that "yellow" means "stop because the light is very short compared to yellow lights in san diego". I'm almost convinced that the yellow was too short, but that's another story. Also, there was no photo enforced sign.
Although I did inherit some of my dad's genes, I would like to say that there is no resemblance since my father is a guy and I am a girl.
It sounds like there is a chance for my dad to fight this ticket/dismiss it and not identify me in court or in writing. Does anyone know if the chances are good/high? What method should I use? Trial by declaration? Has anyone had any recent success with this?
If I go ahead and do this, I want to do it correctly.
Thank you for your response in advance! :)
Re: Red Light Camera Ticket in California, but Not the Driver (Plus Gender Difference
The obvious gender difference should make it straightforward for your dad to beat the rap. I assume he doesn't want to schlep down to LA to appear in court. So a carefully-written TBD would have to do. I would suggest keeping the TBD very short. Just say not guilty, the evidence clearly shows that the defendant was not the driver. It can't hurt to mention the gender difference. A photo from his driver's license along with a copy of the ticket photo should complete the case for dismissal.
It's not clear to me that you can do a TBD without "testifying". Once your dad testifies, he may be compelled to identify the driver. That's something to check with someone more experienced. If it were me, I'd word the TBD carefully to avoid the appearance of testifying, i.e. avoid making statements such as "I wasn't the driver."
Good luck to both of you, and watch those one-eyed bandits from now on!
Re: Red Light Camera Ticket in California, but Not the Driver
Has your dad responded? I would want to make certain that he received a citation from the court and not one of those 'courtesy notices' that invites you to respond- and the response itself is thereby what 'traps' you into acknowledging the receipt. Many are intimidated and just respond, but I encourage you to explore this aspect...
As pointed out above, your dad needs to be careful not to do anything that forces him to have to answer a question of "do you know who was driving?". The contents of a TBD can in fact be a waiving of your right to not testify. (Hence camhater's advice to not have anything in the TBD that is a 'first person account'.)
I agree short and sweet: "Here is my drivers license, I am not the person in the photograph you provided in the mail, I am therefore not guilty". (none of these statements refer to the day in question, nor are they statements about his actions on that day.)