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  1. #1
    Join Date
    Feb 2011
    Posts
    8

    Default Cell Phone Ticket on My Vehicle When I Wasn't Driving

    My question involves a traffic ticket from the state of: NY

    This is a very complicated situation so I'll be as concise and articulate as possible so here goes:

    I found out recently that I have two tickets (dated 7/27/14) under my name in NY. The two tickets are unlicensed driver and Use of Portable Electronic Devices. The thing is, I, personally, wasn't ticketed on these days as I was in CT all day (I have proof of my whereabouts as well, with two individuals able to testify in court).

    Now, what I'm thinking is that I let a relative borrow my car that day and they were the ones who got the ticket. I haven't yet confronted this with them but my guess is that since the car was registered under my name, I am culpable for their missteps. The question becomes: what do I do and how do I ensure it's not on my record. I especially want this removed since I have another ticket (really small ticket) that I want to fight and I can't fight it with something on my record. The reality is, I don't want to get in trouble for something I didn't do, especially as I'm responsible for paying insurance on my vehicles.

    Also, if anyone recommends good counsel in ny, I'm happy to hear recommendations.

  2. #2
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: Cell Phone Ticket on My Vehicle Though I Wasn't Driving

    I suggest you start with having the relative go to the court or police officer and accept responsibility.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Cell Phone Ticket on My Vehicle Though I Wasn't Driving

    Quote Quoting CarFanatic
    View Post
    The two tickets are unlicensed driver....
    By "unlicensed driver" do you mean that you are charged with the offense of driving without being licensed (misdemeanor offense, VAT Sec. 509(1)), or do you mean that you are charged with the offense of not having a valid driver's license on your person at the time you were pulled over? Please identify the statute under which you have been charged.
    Quote Quoting CarFanatic
    Now, what I'm thinking is that I let a relative borrow my car that day and they were the ones who got the ticket.
    It sounds like they did more than that -- it sounds like they either didn't have a license (if you were aware of that and lent them the car anyway that could create a problem for you) or that they chose to lie and say that they were you so that the ticket wouldn't be issued under their name. If after you contact them they claim, "I didn't realize the ticket came back in the wrong name", then you can ask them to go correct the problem and ideally they will be able to do so without your further involvement -- although you may find that the prosecutor wants to see the proof that you were out-of-state, and you will want to verify anything your relative tells you about the status of the tickets. If they deny knowing anything about the ticket or refuse to help you, I suggest you give a similar level of regard to any instinct you might have formerly had to protect them.

  4. #4
    Join Date
    Feb 2011
    Posts
    8

    Default Re: Cell Phone Ticket on My Vehicle Though I Wasn't Driving

    hi all, spoke with the relative. It looks like the didn't have their license on them and the officer wrote the ticket information based on the registration of the vehicle, despite the fact that I wasn't driving...the relative called the department who issued the ticket and it looks like the sergeant needs to get involved because the officer did not follow protocol. I'll let you all know if I find any closure...

    - - - Updated - - -

    Also, MR Know it All, I can't find any information on the ticket beyond the offense description and ticket number. The site doesn't let you access the ticket information, which is rather strange.

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