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  1. #1
    Join Date
    Nov 2007
    Posts
    3

    Default 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?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default 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.

  3. #3
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: California Photo Ticket for Failure to Stop

    I totally agree!

  4. #4
    Join Date
    Dec 2007
    Posts
    6

    Default 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)

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default 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

  6. #6
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default 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.

  7. #7
    Join Date
    Sep 2007
    Posts
    11

    Default Re: California Photo Ticket for Failure to Stop

    Quote Quoting smile007
    View Post
    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

  8. #8
    Join Date
    Jan 2008
    Posts
    100

    Default 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.

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