California Photo Ticket for Failure to Stop
I live in CA - received a photo-ticket for failure to stop at light. It is a profile shot - not that easily identifiable. Can I fight it? Car is not registered in my name. Ticket was sent to father first( registered in his name) I drive the vehicle, my sister,neices, cousins...I was driving but can not be easily identified. Again, can I fight it?
Re: California Photo ticket for Failure to Stop
The ticket was sent to your father, and he did what? Did he tell the authorities that you were driving? He should be able to submit an affidavit that says it's not him, and not volunteer your identity, and the ticket will probably be dismissed.
Re: California Photo Ticket for Failure to Stop
Re: California Photo Ticket for Failure to Stop
you could fight it using the 6th ammendment of the US constitution.
it gives you the right to call all witnesses for and against you in a court of law to obtain information and testimony
honestly how can you call a cammera to the stand? they don't talk.
oh yeah according to our bill of rights and civil rights laws these cameras are not exactly legal.
they are borderline......hanging more twords illegal than legal.
(thank you continental congress)
Re: California Photo Ticket for Failure to Stop
The 6th doesn't apply ... the tickets are issued by officers, the camera is a tool and not a witness. If it goes to court an officer will testify how they determined it was the driver - usually based upon the image in the photo.
- Carl
Re: California Photo Ticket for Failure to Stop
Carl's just right. They'll schedule a bunch of them for the same day. One cop will show up and they'll find everybody guilty, one right after another. I've never seen justice served more swiftly than in those photo cases.;)
Re: California Photo Ticket for Failure to Stop
Quote:
Quoting
smile007
I live in CA - received a photo-ticket for failure to stop at light. It is a profile shot - not that easily identifiable. Can I fight it? Car is not registered in my name. Ticket was sent to father first( registered in his name) I drive the vehicle, my sister,neices, cousins...I was driving but can not be easily identified. Again, can I fight it?
Update
Red Light Photo Ticket in California, But I Am Not The Driver
I just received back clerk’s certificate of mailing from the Superior court of CA, LA
With a decision and notice of decision attached (trial by written declaration-vehicle code §40902).
The judge found me NOT GUILTY.
Here is what I did.
I filled for trial by written declaration.
On the second page of the form TR-205 under statement of facts I wrote.
“Identity, Wrong defendant”
Nothing more nothing less.
I provided the court with two attachments
1. The original ticket picturing my son driving my car.
2. A color copy of my driver’s license.
I circle the face of my son and draw an arrow to the date of my birth on my diver license
and another arrow pointing to the ticket that was indicating that the driver was 60 years old. My son ihe looks like 18 years old.
I did not provide the info that my son is a twin; I was planning to use it at the trial de novo.
An additional point that could have been used is that the ticket was not signed by an original signature, only the name of the officer was printed P. Delaney as declarant and his ID No. I am suspecting that no human has reviewed the ticket.
Do not waist your time by calling the court trying to explain that is not you.
Ignore the affidavit.
Just file by written declaration and be ready to go to full court if it does not work for you.
John
Re: California Photo Ticket for Failure to Stop
That is AWESOME!!! These are the most unjust tickets ever!! No one should ever just plead guilty to one of these tickets. They are no more than a revenue generating tool for the state.