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Red Light Ticket, Not Me Driving - What Do I Have to Disclose

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  • 01-04-2011, 12:46 AM
    LilaUK
    Red Light Ticket, Not Me Driving - What Do I Have to Disclose
    My question involves traffic court in the State of: CA

    I got a notififcation of a red light ticket and it isn't me. I heard that just saying "it isn't me" is not enough so I planned to send in pics of everyone who has access to my car but do I have to actually say who they are ie names? I don't want anyone to get landed with the ticket. Just not sure how I would explain all these pictures of different people.

    Any advice?

    I know I can plead the 5th, but not sure how to word the whole thing

    Any help would be much appreciated

    Thanks
  • 01-04-2011, 05:20 AM
    flyingron
    Re: Tbwd for Rlc - Not Me, Do I Send Pics of People It Could Be but No Names
    You can't plead the fifth in a civil proceeding. Further the fifth only protects you against "SELF"-incrimination. It doesn't give you the right not to answer questions about who else may have committed a crime. In fact, if you try that in court, you may find yourself in contempt.

    The first question that needs answering was, is it you? If not your best bet in the TBWD is to either name the other driver, or at least include a copy of your driver's license (with your picture) and assert it isn't you in their shots.
  • 01-04-2011, 12:35 PM
    Mr. Knowitall
    Re: Tbwd for Rlc - Not Me, Do I Send Pics of People It Could Be but No Names
    flyingron is correct that saying "Joe Smith did it" isn't self-incrimination. You do have the choice not to testify at all in a criminal proceeding, but you don't have the option of testifying partially then refusing to answer questions, let alone questions that have no element of self-incrimination.

    I think the idea of sending a stack of photographs of random people is unhelpful from any standpoint. It doesn't shed light on whether or not you committed the offense, or whether or not you were driving. If you want to document that it's not you, you can do that with pictures of yourself.
  • 01-04-2011, 01:39 PM
    LilaUK
    Re: Tbwd for Rlc - Not Me, Do I Send Pics of People It Could Be but No Names
    I have pictures I was taking in another place - at a party in fact at the time that the red light camera picture is taken. The problem is if you look at the picture - it isn't clear and you could "assume" it was me. Hence the ticket has come in my name although its my husband's car. There are 2 or 3 people who have access to that vehicle and look "like" me. That's why I wanted to send in a few pictures, so that it would not be obvious which other person it was - don't want to just pass the ticket on to soemone else - especially not someone I know!
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