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

