Red light camera ticket in Ca Los Angeles.

CA



CA

I recently received a ticket in California for running a red light by a camera. City of Cerritos, (Corner of Gridley and South St.)

Problem.

1. The ticket was issued against my father.


I was going west bound on South st.

2. The person in the photo is me, but the citation was issued to my father.

3. My father was not driving the car.

4. I did not run the red light . There are 4 cars in the intersection
according to the photo. Very unlikely all 4 cars would be in violation of a red light and second photo shows two more going into the intersection.

5. I am the registered owner of the car.


6. My father went to review the video and saw my photo clearer in the video and its obvious its me.

The citation shows the photo kind of blurry with someone
wearing sunglasses

7. The deputy told him that it is definetly not him in the photo.


8. Deputy told him to sign the avidavidt and put the name and adress of the driver of the vehicle.

9. My father and I live at the same address. We have the same name just he is senior I am junior


10. Can he just sign it and put no name in the space that asks who the driver is and mail it this way?

I do not want him going to court, since he is not at fault
and the court can easily figure out its me in the video.
He cannot say I do not know who the driver is. I do not want him
to get charged with perjury. He is also older almost 70 years old but still drives.

11. If he just signs, and puts no name does he have to go to court? The deputy who reviewed the video has a good idea its me in the photo (once he sees me) he will know its me from the video.

12. Its obvious that they can figure out I am the son and the video shows clearly it was me even thought the citation photo is blurry.

13. If he does put my name as the driver I will go to court.
The following are my defenses.

A. No speed limit on citation anywhere just ten of a second 0.47 red notation at bottom.
I thought all citations are required to have a speed limit on the citation even for red light violation..

B. The traffice signal is barely visible even in video too small to spot. You cannot tell a violation was commited especially on the citation that was mailed.

C. There are 4 cars in the intersection, ( 2 going west bound and 2 going east bound) then the second photos shows 2 more cars going East bound on South St.
This hard to believe if light is red all 6 cars going into the intersection.

D. Can the ticket be dismissed all together for the errors and not issue the ticket after the real driver ?


E: There are too many errors on the ticket could it be dismissed all together.

F. Could they come after me after they dismiss my father?


Any ideas would greatly help on how to proceed against the injustice of this one eyed red bandit
I feel I did nothing wrong.

thanks

Ruben

since you both have the same name, how do you know the ticket is issued to your dad and not to you?

Red Camera ticket in Los Angeles

Registered owner: Jr.
Citation issued to Senior

Same first name and same last name
just junior noted as registered owner

Senior was issued citation

"Deputy told him to sign the avidavidt and put the name and adress of the driver of the vehicle."

They do this because it works.

" Can he just sign it and put no name in the space that asks who the driver is and mail it this way?"

Yes. They cannot require you to identify the driver.

lwpat said:

"
" Can he just sign it and put no name in the space that asks who the driver is and mail it this way?"

Yes. They cannot require you to identify the driver.

Click to expand...

Then Sr. will still be held liable for the ticket. My sister in law tried that on a red light ticket she received in her name but her son was driving. She didn't want to pay the ticket and didn't want to identify her son, he was driving on a suspended license. The Riverside county judge gave her a choice, ID the driver or take the hit herself. The ticket won't just go away because the person cited won't identify the driver. It that worked everyone would be doing it to get out of camera tickets.

"Riverside county judge gave her a choice, ID the driver or take the hit herself."

Then the judge was not following the law, not really unusual in a traffic court. The state has to prove two things, one that the vehicle ran the light and two that you were the driver. The burden of proof is on the state. If it is not you in the photo then that is an absolute defense.

You have the right not to testify and cannot be forced to identify the driver unless you give up that right.

red light camera ticket in Los Angeles

Correct, you have the right to exercise your right to the 5th ammendment.

You do not have to say who the driver is.
Its their mistake.

The deputy told him to sign the back of the Afidavit and put the name and drivers license of the driver.

I told him not to sign it.

Can he just turn the citation in sign it attach a letter stating he is not the driver and saying he does not know who the driver is?

Would he have to go to court?

I do not want him to take the hit on this since he is not the driver.

Any ideas would be appreciated.

Ruben

I do not want him to take the hit on this since he is not the driver.

Click to expand...

If that is truly the case and not just an excuse, then why are you even discussing this. Why aren't you standing up and taking responsibility?

Red light camera ticket Los Angeles.

I am doing this to buy me time, not to shift the blame to anyone. The law made the mistake of misidentification.
What they will do is dismiss my father and maybe reissue it to me if they are not to busy.
Then I probably will go to court and argue misidentification.


Sound okay

Ruben

Registration held hostage

If your father fights the ticket, I don't see how they can convict him when the photo shows someone else. However, as I understand it, California will refuse to re-register the vehicle until the owner identifies the driver. You get the worst of both worlds: lack of due process like a parking ticket, and heavy fines and insurance rate increases like a regular traffic ticket.

Can the state legally hold the registration hostage this way? I don't know, but maybe someone else here does. But what is legal and what actually happens are not always the same thing.

CHECK this website out

highwayrobbery

Read up on the exact statue. I suspect that there is probably a clause stating that it's vehicle owner's liability.

ptlmejo said:

Read up on the exact statue. I suspect that there is probably a clause stating that it's vehicle owner's liability.

Click to expand...

Care to state what that clause is?

--PARIDISE-- said:

Care to state what that clause is?

Click to expand...

I stated there probably is, not that there was.

Actually, this is a very hotly debated issue here. Some say that a witness (the R/O of the vehicle) can be subpoeanaed to court and compelled to answer who was driving as if they are not incriminating themselves they are not being forced to violate their 5th Amendment rights. Others argue that we can charge them with obstructing a peace officer for refusing to dime off the driver. And some say we can't do either.

But, the debate goes on, and there appears to be no place in our vehicle code that requires the R/O to identify the driver. However, there have been some attempts to pass such legislation, but given the liberal nature of CA I doubt it will happen.

The good thing is that these cameras have had tremendous impacts on dropping collision rates virtually wherever they are employed. And having experienced driving in the Bay Area where they don't seem to have a lot of these, I have found that red lights and stop signs appear to be merely traffic "suggestions" and not legal traffic controls. Its unnerving to wait for a 5 count on a green light to let the cross traffic cease passing through!

Carl