Need Advice - It's Not me Red light ticket

[mstanfield]

California

In a nutshell...I got a red-light ticket. It's not me. I am doing a trial by written declaration. I have taken photos of me and a copy of my driver's license photo to send to the judge (they are in black and white, but to me obvious it's not the same person as in the ticket). I have also written all the reasons it is not me (ie. I am female, the driver is male, the driver wears glasses and I do not). My question is: As I understand, normally the judge cannot make me identify who it is in the photo. However, on the written declaration paperwork from the court it says:
1. "by filing a declaration in a trial by written declaration, you are waiving and giving up the rights to remain silent and not to incriminate yourself". In another place it says:
2. "I know that I have the right not to be compelled to be a witness against myself. I understand and agree that by making a statement, I am giving up and waiving that right and privilege."

Does this mean that, since I'm "testifying" they can make me tell who the actual driver is, or can I still plead the 5th?

Any other advice? I have to send this in today for my deadline, any help would be appreciated!
Monique

[CdwJava]

Originally Posted by mstanfield

Does this mean that, since I'm "testifying" they can make me tell who the actual driver is, or can I still plead the 5th?

The Fifth won't apply as you are not implicating yourself.

Can they MAKE you identify the driver? Maybe. If you are asked who the driver is, you will sound pretty dumb if you say you don't know.

On the other hand, if you show up in court the state would have to prove that it was you in the picture. After the state presents their case, and you ask the prosecution witness if the picture reasonably resembles you, you could simply ask the court if you could move to have the case dismissed for filure to establish the identity of the driver ... or something like that. However, the judge MIGHT ask you who it was in the picture ... I don't know if it's proper, but they might ask. And your failure to answer MIGHT be seen as contempt.

Your best bet would be to have an attorney represent you.

- Carl

[mstanfield]

California

Thank you Carl, I heard that the 5th amendment can be used to not incriminate spouses too. Is that true? For example, it is my husband actually driving. Do I have the right not to incriminate him? thanks again!
Monique

Info on the "it's not me" situation is on this free-of-any-charge website: [url]http://www.highwayrobbery.net/redlightcamsticket.htm[/url]

Also beware being conned by very clever Fake Tickets sent out by police.

When the commercial media discusses the cameras, they never mention the Fake Tickets.

At least nine cities in California are sending out fake red light camera tickets, to get you to identify the driver, so that they can send the driver a real ticket. (The fake tickets don't have a court's address on them, as they have not been filed with the court! Therefore, they have no legal weight and should be ignored.) It's a great con game - most people, not having heard anything about it in the press, fall for it. And, while the fake tickets are fully bilingual, I think that those not as familiar with American courts (and such things as the 5th Amendment and spousal privilege) are much more likely to be fooled.

In case you need additional info, see [url]http://www.highwayrobbery.net/redlightcamsticket.htm#Fakes[/url]

Not A Cop Or Lawyer... Or Judge

[fedcop110]

Maybe Carl can answer this, in Virginia we don't have any red light cam's as far as I know. Virginia Beach was just forced to take them down. As far as the law reads in CA, do you have to be able to prove who the driver is? I guess my question would be, as in a handicap parking citation, would you only have to prove that the vehicle did not stop for the red light and that the defendant was the registered owner of the vehicle? I know, I know, not a lot of help to the OP but I am just curious.

C. In any prosecution charging a violation of this section or an ordinance adopted pursuant to this section, proof that the vehicle described in the complaint, summons, parking ticket, citation, or warrant was parked in violation of this section or the ordinance, together with proof that the defendant was at the time the registered owner of the vehicle, as required by Chapter 6 (§ 46.2-600 et seq.) of this title, shall constitute prima facie evidence that the registered owner of the vehicle was the person who committed the violation.

[CdwJava]

Originally Posted by fedcop110

Maybe Carl can answer this, in Virginia we don't have any red light cam's as far as I know. Virginia Beach was just forced to take them down. As far as the law reads in CA, do you have to be able to prove who the driver is? I guess my question would be, as in a handicap parking citation, would you only have to prove that the vehicle did not stop for the red light and that the defendant was the registered owner of the vehicle? I know, I know, not a lot of help to the OP but I am just curious.

Currently in CA we have to prove the identity of the suspect as we would any other traffic offense. I would look for this to change in the next year or so as more and more jurisdictions put red light cameras in place. I would not be surprised if the red light camera and radar camera violations become an owner responsibility some time down the road.

And given the fact that when I go to the Bay Area I have to take a 3 count when I'm facing a green light just to allow all the red light runners to pass through without tagging me, I think the cameras are needed.

- Carl

[CdwJava]

Originally Posted by mstanfield

California

Thank you Carl, I heard that the 5th amendment can be used to not incriminate spouses too. Is that true? For example, it is my husband actually driving. Do I have the right not to incriminate him? thanks again!
Monique

You'd really have to speak to an attorney about the limits of spousal privelege. I don't know if this situation would be covered by that fact, or who would have the right to invoke the privelege.

- Carl

[caligirly]

I just got back from my arraignment for a red light ticket in California. I sat through a whole morning of trials and arraignments for these things. My two cents is: If it is definitely not you, the judge will very quickly and easily let you off, at your arraignment. Do not do anything in writing, just go to your arraigment.

You also do NOT have to tell them who it was. Simply say you cannot tell from the photo. It is up to the Police officer to PROVE that it was you. Do not help them do that. Say its not you, and thats all you have to do.

I have to go to my trial date in May, because it was me in the car, but it was not my car and the photos are very very bad. Also, I could not find any contact information for the address shown on the citation for the car owner. Wish me luck fighting it!

Originally Posted by caligirly

I just got back from my arraignment for a red light ticket in California. I sat through a whole morning of trials and arraignments for these things. My two cents is: If it is definitely not you, the judge will very quickly and easily let you off, at your arraignment. Do not do anything in writing, just go to your arraigment.

You also do NOT have to tell them who it was. Simply say you cannot tell from the photo. It is up to the Police officer to PROVE that it was you. Do not help them do that. Say its not you, and thats all you have to do.

I have to go to my trial date in May, because it was me in the car, but it was not my car and the photos are very very bad. Also, I could not find any contact information for the address shown on the citation for the car owner. Wish me luck fighting it!

how did you get a red light ticket in the mail if its not your car?