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Red Light Camera, International visitor driver

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sfenoid

Junior Member
What is the name of your state (only U.S. law)? CA

I was wondering what happens to someone who caught in a red light camera ticket, who lives in another country, has no California DL.
He was driving my car and I got the ticket in my name.
I dont want to nominate him but i dont want to pay the ticket either.
I can nominate him but I am wondering if they would try to cathc or fine him if he enters the US in future to visit again?
or would they just dismiss the case and wont record is name anywhere(not sending his name to TSA?)
this is all assuming that judge will be convinced that it wasnt me but him.

do I have any chance for getting the ticket dismissed if I just say it wasnt me and stating it was an international visitor, no name and address?

will they ask for any proof or evidence(such as photo or passport copies, air-ticket copies etc)?

should I submit a copy of a color picture of him that I happen to have with my affidavit to strengthen my case?(photo is old, but the ticket photo is also blurry, not a good match)

PS:he doesnt have a California driving license but has one from another state(Oklahoma) while he was visiting about 8 yrs ago(got it for fun)
 
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What is the name of your state (only U.S. law)? CA

I was wondering what happens to someone who caught in a red light camera ticket, who lives in another country, has no California DL.
He was driving my car and I got the ticket in my name.
I dont want to nominate him but i dont want to pay the ticket either.
I can nominate him but I am wondering if they would try to cathc or fine him if he enters the US in future to visit again?
or would they just dismiss the case and wont record is name anywhere(not sending his name to TSA?)
this is all assuming that judge will be convinced that it wasnt me but him.

do I have any chance for getting the ticket dismissed if I just say it wasnt me and stating it was an international visitor, no name and address?

will they ask for any proof or evidence(such as photo or passport copies, air-ticket copies etc)?

should I submit a copy of a color picture of him that I happen to have with my affidavit to strengthen my case?(photo is old, but the ticket photo is also blurry, not a good match)

PS:he doesnt have a California driving license but has one from another state(Oklahoma) while he was visiting about 8 yrs ago(got it for fun)
I would make this plan B. I would make plan A, where you dont have to testify, per the Khald case where you get the red light evidence knocked out of the record. See this case. Then after the state rests, ask for an acquittal before you present you case (simple .. before I begin my case your honor, I would motion for an acquittal due to the reasons...). If you lose this, then argue more of the defense that you were not the driver (you should argue this during the state's presentation with cross-examination & objections of evdience during the state's presentation of their case).
 

davew128

Senior Member
Plead not guilty. Attach a copy of your license photo to the red light ticket in your TBD (or do it in person), you are NOT required to identify the driver. You only state you were not driving the vehicle and that the person in the photo isn't you. Presumably it should be fairly easy to establish it wasn't you.
 
As for the driver..nothing will happen to him if convicted/fta. Courts cant report out of country DLs to those countries. The person will get assigned an "x" generic number that in theory could cause issues if they tried to get a license here one day.
 

I_Got_Banned

Senior Member
I would make this plan B. I would make plan A, where you dont have to testify, per the Khald case where you get the red light evidence knocked out of the record. See this case. Then after the state rests, ask for an acquittal before you present you case (simple .. before I begin my case your honor, I would motion for an acquittal due to the reasons...). If you lose this, then argue more of the defense that you were not the driver (you should argue this during the state's presentation with cross-examination & objections of evdience during the state's presentation of their case).
You're way off... A case like this should and more than likely will be dismissed at the arraignment... If not, then before any testimony or arguments are presented in court. So why go through the trouble of preparing a defense and appearing in court twice (once for the arraignment then once for the trial)???

sfenoid, if you choose to go the Trial By declaration route, you will be required to post bail in an amount equal to the fine amount ($450 or so (which will be refunded to you if you are found not guilty later on)). Furthermore, you will have to request the forms, complete the declaration, submit it to court in a timely manner... etc. Why not avoid all that by simply appearing in court on the date shown on the citation, showing your picture ID and hoping that your picture is not similar to that of the person driving the vehicle. If your picture looks similar to that of the driver, then you're likely to lose regardless of whether you submit a TBD or appear in court!
 

davew128

Senior Member
Thing so, huh?
Ehh. I know my GF had a red light ticket due earlier this month and when she went to arraignment, the judge knocked the fine down from about $450 to $250 and gave her 60 days to do traffic school. I know, it sounds bizarre and I was stunned as she went over there about 15 minutes before the court closed on the last day to appear after she had ALREADY used her 30 day extension. :confused:

To top it off, the picture of her shows a particular object in her right hand being held up to her mouth. :rolleyes: Don't know how she didn't get a ticket for that either.
 

Zigner

Senior Member, Non-Attorney
To top it off, the picture of her shows a particular object in her right hand being held up to her mouth. :rolleyes: Don't know how she didn't get a ticket for that either.
Because that can't be cited based on camera evidence ;)
 

sfenoid

Junior Member
in my case I was required only to fill an affidavit stating it wasnt me and to identify the driver, no bail was needed. so I filled that form out gave the nameof the driver with their DL number from that country. I even called the number on the ticket first and talked some lady and asked what should I do since the person doesnt have a CA drivers license, she said just to put whatever DL number they had and put their address out of the state and they would get the ticket there (seems like a BS) I even asked are you sure? and she said yes, your case will be dismissed and ticket will be sent to him..I said ok..we will see what happens..
the picture on the ticket is not that clear but it looks like me too..you know it can look like anyone male in 30s with dark hair and white skin..
 

sfenoid

Junior Member
Ehh. I know my GF had a red light ticket due earlier this month and when she went to arraignment, the judge knocked the fine down from about $450 to $250 and gave her 60 days to do traffic school. I know, it sounds bizarre and I was stunned as she went over there about 15 minutes before the court closed on the last day to appear after she had ALREADY used her 30 day extension. :confused:

To top it off, the picture of her shows a particular object in her right hand being held up to her mouth. :rolleyes: Don't know how she didn't get a ticket for that either.
did she plead guilty or what? how did she get the fine knocked down to half?
 

Who's Liable?

Senior Member
in my case I was required only to fill an affidavit stating it wasnt me and to identify the driver, no bail was needed. so I filled that form out gave the nameof the driver with their DL number from that country. I even called the number on the ticket first and talked some lady and asked what should I do since the person doesnt have a CA drivers license, she said just to put whatever DL number they had and put their address out of the state and they would get the ticket there (seems like a BS) I even asked are you sure? and she said yes, your case will be dismissed and ticket will be sent to him..I said ok..we will see what happens..
the picture on the ticket is not that clear but it looks like me too..you know it can look like anyone male in 30s with dark hair and white skin..
Why did you do the state's job? There is NO LEGAL REQUIREMENT for you to provide said information.
 

sfenoid

Junior Member
well I thought since he lives in another country, it wont matter and it might make the ticket go away easier..otherwise they might have just denied the request and still give me the ticket, forcing me to go to court, once or twice..still facing the possibility of being denied by the judge..
does it really matter if I gave his name and address or not? what can they do to him?
 

sfenoid

Junior Member
I didnt get a response from them yet. how long does it usually take to hear back? I still dont know how will they respond..
 

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