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  1. #1
    Join Date
    Mar 2015
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    6

    Default Contesting a Failure to Stop at a Red Light Ticket

    My question involves a traffic ticket from the state of: California. Sacramento County

    I got a "Failure to Stop at Red Light" violation. It was a right turn and the photo show the car break light was on. So I'm guessing he didn't stop for 3 second rule or something.

    I was not the driver so I did some googling and got to this site and read through highwayrobbery.net.
    I went and requested a trail by declaration hoping to give a picture of my driver license along with the photo that was caught on camera. I'm female and driver was male so easily distinguishable .

    So I got the package send from the court and I'm not that good with English so I got confuse on some parts of it. Hoping someone here can help me clarify a few things.



    I'm trying to prove I am not the driver and it said "you are contesting that you were the driver, a trial by declaration is not available".
    Does that mean I can't do a trial by declaration?
    Also it said to get trial by declaration, I need to complete Red Light Camera Statement Regarding Identification which is shown on the second image.


    I AM contesting the allegation that I was the driver. So I shouldn't sign this right? But in order to get trial by declaration, the other message said I have to sign this. So I don't understand.

    I want to prove I am not the driver so I am contesting the allegation that I was the driver. Is that right? My English is not that good so I'm confuse.

    Thanks for the help.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Contesting a Failure to Stop at a Red Light Ticket

    The document indicates that you can admit to being the driver using the enclosed form, or appear in person at a hearing and deny being the driver.

  3. #3
    Join Date
    May 2013
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    1,055

    Default Re: Contesting a Failure to Stop at a Red Light Ticket

    Quote Quoting Mr. Knowitall
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    The document indicates that you can admit to being the driver using the enclosed form, or appear in person at a hearing and deny being the driver.
    The part you underlined in red seems like misinformation, indicating that you might be required to identify the driver to get TBD? If that's true, did the documentation say what statute requires you to name or identify the driver in order to use TBD? I've never heard of that before. Well, I've heard of various threats and tactics in order to get you to identify a driver, just not valid legal requirements for you to do so.

    Did you receive a Notice to Appear or was it something else. If it's a Notice to Appear, it will have a time and place on it.

  4. #4
    Join Date
    Mar 2015
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    6

    Default Re: Contesting a Failure to Stop at a Red Light Ticket

    Quote Quoting Mr. Knowitall
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    The document indicates that you can admit to being the driver using the enclosed form, or appear in person at a hearing and deny being the driver.
    Yeah that was what I got from it but base on what I read from online, it was possible to fight the violation with trial by declaration but the document state otherwise. So I only have the court option?

    Quote Quoting donzoh1
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    The part you underlined in red seems like misinformation, indicating that you might be required to identify the driver to get TBD? If that's true, did the documentation say what statute requires you to name or identify the driver in order to use TBD? I've never heard of that before. Well, I've heard of various threats and tactics in order to get you to identify a driver, just not valid legal requirements for you to do so.

    Did you receive a Notice to Appear or was it something else. If it's a Notice to Appear, it will have a time and place on it.
    I received a notice to appear but then I send a request for TBD and got this packet. Now I have a due date to send the bail along with completion of the TBD. I got the TBD along with those 2 pages. I don't think there was any statute.

    I can do the TBD but the 1st page clearly state I have to admit that I'm the driver but then that defeat the purpose of me doing TBD. I'm trying to prove I'm not the driver. So I guess I only have the court option?

  5. #5
    Join Date
    May 2013
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    1,055

    Default Re: Contesting a Failure to Stop at a Red Light Ticket

    Quote Quoting Arturia
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    Yeah that was what I got from it but base on what I read from online, it was possible to fight the violation with trial by declaration but the document state otherwise. So I only have the court option?



    I received a notice to appear but then I send a request for TBD and got this packet. Now I have a due date to send the bail along with completion of the TBD. I got the TBD along with those 2 pages. I don't think there was any statute.

    I can do the TBD but the 1st page clearly state I have to admit that I'm the driver but then that defeat the purpose of me doing TBD. I'm trying to prove I'm not the driver. So I guess I only have the court option?
    What the first page says about your options doesn't mean anything. What means something is the statute. What means something is the California Rules of Court 4.210. I think if you read that and CVC 21455.5, you'll find that there is no requirement for you to identify the driver. If you do find such a requirement, let me know. Whoever alleged that you were the driver, if they signed a statement based on information and belief, probably committed perjury in doing so, especially if your name is commonly a female name and the driver pictured in male. In other words, there is no information to lead a person to reasonably believe that you were the driver and the person signing the statement of affirmation did not examine the DMV photo on file to determine that there was any resemblance between your photo and that of the driver. Unfortunately, this nonsense goes on because of the laziness of public employees and because it's not correctly challenged in court.

    For the court to impose an additional identification requirement in photo red light cases is a violation of the rules of court, which are applicable in all California Courts. Therefore, you should write to the Presiding Judge asking whether this requirement is legally correct. If you do this, DON'T miss any time deadlines for TBD while waiting for a response. File you TBD on time or make sure you get an extension at least 5 days in advance of your due date. If the court sticks to the identification requirement or convicts because of that, then request TDN and file a complaint with the California Commission on Judicial Performance.

    As you indicate, an admission that you're the driver pretty much messes up the TBD, unless you have technical defenses after that. That too, is a requirement beyond CRC 4.210. Furthermore, it would be admissible at TDN, if you went to court after that. Keep in mind, even if you get convicted at TBD, you can still go into court after that for TDN. Have you timed the yellow light interval and determined whether your city's contract is illegal? Those are a couple of easy things to do up front and either would be part of a defense.

  6. #6
    Join Date
    Mar 2015
    Posts
    6

    Default Re: Contesting a Failure to Stop at a Red Light Ticket

    Quote Quoting donzoh1
    View Post
    For the court to impose an additional identification requirement in photo red light cases is a violation of the rules of court, which are applicable in all California Courts. Therefore, you should write to the Presiding Judge asking whether this requirement is legally correct. If you do this, DON'T miss any time deadlines for TBD while waiting for a response. File you TBD on time or make sure you get an extension at least 5 days in advance of your due date. If the court sticks to the identification requirement or convicts because of that, then request TDN and file a complaint with the California Commission on Judicial Performance.
    Thanks for the great reply!
    I'll write to the judge. So it should be send as
    His name
    Sacramento Superior Court
    Address of the court.??

    Once again thanks for the help. I'll keep this updated.

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