Quote Quoting Kingfisher
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It's not that I cannot afford to pay this citiation, Facts are that I did not violate the law in anyway and with due process could easily prove it...
Actually, you kind of sort of did violate the law... You failed to transfer title of a certain vehicle from your name to someone else's name.

Quote Quoting Kingfisher
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Fact is I was at work 100 miles away when this car took an illegal right on red.
That is not the point though... the point is, the law was written in a way to subject the registered owner for the ultimate responsibility if/when a violation is committed in his/her vehicle. Let us say that (fictional characters) Jim borrowed Paul's van, Paul was involved in an accident, which, as it turns out he was at fault. The other party involved in the accident can now sue Paul simply because he was the driver, but they can also sue you simply because it was your vehicle that was driven in a manner that resulted in the accident.

TEX TN. CODE ANN. § 707.011 : Texas Statutes - Section 707.011: NOTICE OF VIOLATION; CONTENTS

(a) The imposition of a civil penalty under this chapter is initiated by the mailing of a notice of violation to the owner of the motor vehicle against whom the local authority seeks to impose the civil penalty.

(b) Not later than the 30th day after the date the violation is alleged to have occurred, the designated department, agency, or office of the local authority or the entity with which the local authority contracts under Section 707.003(a)(1) shall mail the notice of violation to the owner at:

(1) the owner's address as shown on the registration records of the Texas Department of Transportation; or

(2) if the vehicle is registered in another state or country, the owner's address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas Department of Transportation.

(c) The notice of violation must contain:

(1) a description of the violation alleged;

(2) the location of the intersection where the violation occurred;

(3) the date and time of the violation;

(4) the name and address of the owner of the vehicle involved in the violation;

(5) the registration number displayed on the license plate of the vehicle involved in the violation;

(6) a copy of a recorded image of the violation limited solely to a depiction of the area of the registration number displayed on the license plate of the vehicle involved in the violation;

(7) the amount of the civil penalty for which the owner is liable;

(8) the number of days the person has in which to pay or contest the imposition of the civil penalty and a statement that the person incurs a late payment penalty if the civil penalty is not paid or imposition of the penalty is not contested within that period;

(9) a statement that the owner of the vehicle in the notice of violation may elect to pay the civil penalty by mail sent to a specified address instead of appearing at the time and place of the administrative adjudication hearing; and

(10) information that informs the owner of the vehicle named in the notice of violation:

(A) of the owner's right to contest the imposition of the civil penalty against the person in an administrative adjudication hearing;

(B) that imposition of the civil penalty may be contested by submitting a written request for an administrative adjudication hearing before the expiration of the period specified under Subdivision (8); and

(C) that failure to pay the civil penalty or to contest liability for the penalty in a timely manner is an admission of liability and a waiver of the owner's right to appeal the imposition of the civil penalty.

(d) A notice of violation is presumed to have been received on the fifth day after the date the notice is mailed.
Added by Acts 2007, 80th Leg., R.S., Ch. <a target="new" href="http://www.legis.state.tx.us/tlodocs/80R/billtext/html/SB01119F.HTM">1149</a>, Sec. 1, eff. September 1, 2007.


Fact is, they need not prove that you were driving.... Only requirement for them is that the vehicle was registered in your name... That, simply makes you -at least- partially responsible since you (still) "own the vehicle"... So they charge you with it.

TEX TN. CODE ANN. § 707.013 : Texas Statutes - Section 707.013: PRESUMPTION

(a) It is presumed that the owner of the motor vehicle committed the violation alleged in the notice of violation mailed to the person if the motor vehicle depicted in a photograph or digital image taken by a photographic traffic signal enforcement system belongs to the owner of the motor vehicle.

(b) If, at the time of the violation alleged in the notice of violation, the motor vehicle depicted in a photograph or digital image taken by a photographic traffic signal enforcement system was owned by a person in the business of selling, renting, or leasing motor vehicles or by a person who was not the person named in the notice of violation, the presumption under Subsection (a) is rebutted on the presentation of evidence establishing that the vehicle was at that time:

(1) being test driven by another person;

(2) being rented or leased by the vehicle's owner to another person; or

(3) owned by a person who was not the person named in the notice of violation.

(c) Notwithstanding Section 707.014, the presentation of evidence under Subsection (b) by a person who is in the business of selling, renting, or leasing motor vehicles or did not own the vehicle at the time of the violation must be made by affidavit, through testimony at the administrative adjudication hearing under Section 707.014, or by a written declaration under penalty of perjury. The affidavit or written declaration may be submitted by mail to the local authority or the entity with which the local authority contracts under Section 707.003(a)(1).

(d) If the presumption established by Subsection (a) is rebutted under Subsection (b), a civil penalty may not be imposed on the owner of the vehicle or the person named in the notice of violation, as applicable.

(e) If, at the time of the violation alleged in the notice of violation, the motor vehicle depicted in the photograph or digital image taken by the photographic traffic signal enforcement system was owned by a person in the business of renting or leasing motor vehicles and the vehicle was being rented or leased to an individual, the owner of the motor vehicle shall provide to the local authority or the entity with which the local authority contracts under Section 707.003(a)(1) the name and address of the individual who was renting or leasing the motor vehicle depicted in the photograph or digital image and a statement of the period during which that individual was renting or leasing the vehicle. The owner shall provide the information required by this subsection not later than the 30th day after the date the notice of violation is received. If the owner provides the required information, it is presumed that the individual renting or leasing the motor vehicle committed the violation alleged in the notice of violation and the local authority or contractor may send a notice of violation to that individual at the address provided by the owner of the motor vehicle.
Added by Acts 2007, 80th Leg., R.S., Ch. <a target="new" href="http://www.legis.state.tx.us/tlodocs/80R/billtext/html/SB01119F.HTM">1149</a>, Sec. 1, eff. September 1, 2007.

Quote Quoting Kingfisher
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It's not that I cannot afford to pay this citiation, Facts are that I did not violate the law in anyway and with due process could easily prove it, Fact is I was at work 100 miles away when this car took an illegal right on red.
I dislike the fact that they can penalize someone for breaking the law when the only proof is a picture of a license plate. Is there any legal recourse at all for the deceptive pratice of the City.

Quote Quoting Kingfisher
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It's not that I cannot afford to pay this citiation, Facts are that I did not violate the law in anyway and with due process could easily prove it, Fact is I was at work 100 miles away when this car took an illegal right on red.
I dislike the fact that they can penalize someone for breaking the law when the only proof is a picture of a license plate. Is there any legal recourse at all for the deceptive pratice of the City.

Quote Quoting Kingfisher
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I dislike the fact that they can penalize someone for breaking the law when the only proof is a picture of a license plate. Is there any legal recourse at all for the deceptive pratice of the City.
It really isn't deceptive practice, and to avoid being penalized for someone else's violation, reread Mr.Knowitall's post.

The city is enforcing the Texas statutes as enacted by the State legislature.. What sort of legal actin do you think is available?

What you can do though is to contact your state legislature and let them know the law him and his buddies are deceiving the public and breaking the law!