Red Light Ticket

[OCPK26]

I live in Orange County California & I borrowed a friends car and went through a red light. She sent in a response to the ticket explaining that she wasn't driving and gave them my name and home address. The address is not the one on my license. When I received the summons to go to court I noticed that the didn't have my Driver's license number on the citation and they misspelled my name. I know I should still pay the ticket but I am barely surviving financially right now and paying this ticket would cause me to not have a place to live. If I don't pay the ticket will they go after my friend to pay it and will they charge her with penalties? Can they come after me even though they don't have my Driver's License number and correct spelling of my last name?


Thanks for the advice,

OC VIOLATOR

[OCPK26]

I live in Orange County California & I borrowed my roommates car. I went thru a red light with a camera.She received a notice of the traffic violation in the mail. She sent in a response to the ticket explaining that she wasn't driving and gave them my name and our home address. The address is not connected in any way with our licenses and neither of our cars have ever been registered to our home address. However it is where we live. Nothing regarding our vehicles are connected to our home address. When I received the summons to go to court I noticed that the didn't have my Driver's license number or date of birth on the citation and they misspelled my name. I know I should still pay the ticket but we are barely surviving financially right now and paying this ticket would cause both of us to not have a place to live on December 1st. If I don't pay the ticket will they go after my friend to pay it and will they charge her with penalties? Can they come after me even though they don't have my Driver's License number, correct spelling of my last name or my correct address?

[blewis]

First, don't post in two different sections. It makes things confusing for those of us who might try to help.

She received a notice of the traffic violation in the mail.... The address is not connected in any way with our licenses and neither of our cars have ever been registered to our home address. However it is where we live. Nothing regarding our vehicles are connected to our home address.

I don't understand. If there's nothing connecting your car to your address, how did she receive the notice in the first place? Since it was a photo ticket, it had to be mailed based on the license plate.

When I received the summons to go to court....

Since you received the summons, they have your address and a facsimilie of your name -- close enough for the post office to deliver it. If you do not show up for the hearing at the appointed time, a default judgment will be entered against you.

Now, since they don't have the correct spelling of your name nor your license number, it's possible the default will be entered but without a license number, it will be difficult to place it on your record.

However, if the default gets turned over to a collection agency, and since they have your address, the collection agency WILL be able to track you down. Then things get a lot worse.

As far as your roommate goes, explaining that she was not driving at the time, is an affirmative defense. A dismissal will probably get entered in her case with no followup, but I don't know that for sure. If Carl's around, he may be able to shed some light on that issue.

Good luck,
Barry

[OCPK26]

I don't understand. If there's nothing connecting your car to your address, how did she receive the notice in the first place? Since it was a photo ticket, it had to be mailed based on the license plate.

Thank you for your response.

We have a rented mailbox. The car is registered to that address and so are our driver's licenses. They have my home address for my citation because my roommate gave them the address.

[blewis]

Thank you for your response.

We have a rented mailbox. The car is registered to that address and so are our driver's licenses. They have my home address for my citation because my roommate gave them the address.

Then my previous post still stands. If they default you for "failure to appear", they may never track you down, since they don't have a license number. You could get lucky. However, if they turn it over to a collection agency (and that could be YEARS from now), they may be able to find you. (Hint: if you move, don't leave a forwarding address - ). You can read some of the other posts here about people getting harrassed by collection agencies 10 to 15 years after the fact. I believe I read somewhere that default judgments have no statute of limitations.