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09-03-2007, 04:58 AM
| | Junior Member | | Join Date: Sep 2007
Posts: 1
| | | Photo Radar Citation, Deceased Owner AZ
What is the name of your state? Arizona
I was photographed by a photo-radar van while I was driving a vehicle jointly registered to my late father and my mother. My mother opened the photo radar citation which arrived addressed to my father, who died 12 years ago. The citation is made out to my father, and it bears his drivers license number. Although my mother is also listed on the registration for the vehicle, her name does not appear on the citation anywhere. I'm tempted to disregard the ticket, but I of course don't want to get mom in any trouble.
The question seems to be, is the ticket "attached" to the vehicle registration or to the drivers license of the individual who owns it? The next step taken by the traffic court in my city would be process service, which I presume would also be addressed to my late father. |
09-03-2007, 05:29 AM
| | Senior Member | | Join Date: Feb 2005
Posts: 3,456
| | | Submit a Not-guilty plea, and attach a copy of the death certificate. I would really like to see the look on the face of whoever opens that letter.
My understanding is that if they can't figure out who was really driving it, you are under no true obligation to tell them who was driving, just merely show that it wasn't you (in this case, your father). |
09-03-2007, 09:20 AM
| | Member | | Join Date: Aug 2007
Posts: 29
| | | I'm interested in knowing what comes of this by the way. TheOccultist knows his stuff too, I'd do that if I were you. |
09-03-2007, 09:23 AM
| | Senior Member | | Join Date: Sep 2006 Location: Missouri Ozarks
Posts: 2,669
| | | Wouldn't the mother then get sent the ticket for speeding and falsifying registration documents? |
09-03-2007, 09:35 AM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 5,594
| | | Let me see if I can briefly explain how photo tickets work.
The violator commits a violation to which a photo is taken. The photo is viewed, then a citation is issued by running the plates on the vehicle to the registered owner of the vehicle. In the case of say a married couple where there are 2 names on the registration and title, the first person named (i.e.: John Doe and/or Jane Doe) is cited - which is why your father got the ticket.
There is usually a section on the photo ticket where you can say that the ticket did not belong to the person cited, and in fact, here is the information of the person who WAS driving. Chances are that if the OP sends in a death certificate for Dad, Mom will get the ticket next. Mom could then plead not guilty and then try to explain to the judge that it wasn't her (obviously) and she has no idea who was driving her car that day, it wasn't stolen and she didn't report it stolen...but at least here... that doesn't fly.
__________________
CC's rule of life #1.1:
Want better for your children than you have for yourself. Don't commit your kids to someone for a lifetime that you don't want to commit YOURSELF to for the next 15 minutes.
In other words... if he/she is not suitable to be the potential parent to your children, don't sleep with them. Exercise some self control over your hormones. |
09-03-2007, 09:37 AM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 5,594
| | Quote:
Originally Posted by Ozark_Sophist  Wouldn't the mother then get sent the ticket for speeding and falsifying registration documents? | Mom would then get the ticket, and mom also DOES need to take Dad's name off the registration.
__________________
CC's rule of life #1.1:
Want better for your children than you have for yourself. Don't commit your kids to someone for a lifetime that you don't want to commit YOURSELF to for the next 15 minutes.
In other words... if he/she is not suitable to be the potential parent to your children, don't sleep with them. Exercise some self control over your hormones. |
09-03-2007, 09:40 AM
| | Senior Member | | Join Date: Sep 2006 Location: Missouri Ozarks
Posts: 2,669
| | Quote:
Originally Posted by CourtClerk Mom would then get the ticket, and mom also DOES need to take Dad's name off the registration. | And probably stop letting OP borrow the car until he grows up.  |
09-03-2007, 09:48 AM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 5,594
| | Quote:
Originally Posted by Ozark_Sophist And probably stop letting OP borrow the car until he grows up. |
If she was smart she would.... 
__________________
CC's rule of life #1.1:
Want better for your children than you have for yourself. Don't commit your kids to someone for a lifetime that you don't want to commit YOURSELF to for the next 15 minutes.
In other words... if he/she is not suitable to be the potential parent to your children, don't sleep with them. Exercise some self control over your hormones. |
09-04-2007, 01:15 AM
| | Senior Member | | Join Date: Feb 2005
Posts: 3,456
| | haha Love the back-and-forths on this board! 
Anywho, if the picture they have isn't of Mommy, then Mommy's only responsibility at that point is to simply say "yeah, not me".
Actually, photo radar in AZ has been semi popular on this board, and some minimal searching should find a few threads with a link that has some good information on it. OP, I suggest you read the article. |
09-04-2007, 10:15 AM
| | Member | | Join Date: Aug 2007
Posts: 271
| | | Here is an article written about fighting tickets in general, however, there is a part about photo tickets and how to beat them
[url]http://biz.yahoo.com/brn/070330/21532.html?.v=1&printer=1[/url]
In summary is you fight the ticket, go to court and ask to confront your accuser, in these cases it is a camera which can not be cross examined. Even if the officer/person who reviewed the video or photos is there they can not testify since it would be hearsay.
But you need to check your states laws on this, some states have allowed this kind of evidence to be admitted into evidence even thought there is no one to authenticate the information as being true and accurate |
09-04-2007, 10:32 AM
| | Senior Member | | Join Date: Sep 2006 Location: Missouri Ozarks
Posts: 2,669
| | Quote:
Originally Posted by The Occultist haha Love the back-and-forths on this board!
Anywho, if the picture they have isn't of Mommy, then Mommy's only responsibility at that point is to simply say "yeah, not me".
Actually, photo radar in AZ has been semi popular on this board, and some minimal searching should find a few threads with a link that has some good information on it. OP, I suggest you read the article. | And under cross, mommy would have to lie to protect her son  |
09-04-2007, 10:50 AM
| | Member | | Join Date: Aug 2007
Posts: 271
| | Quote:
Originally Posted by Ozark_Sophist And under cross, mommy would have to lie to protect her son | This is why you should never testify, the burden is on them to prove who was driving, it is your job to cast double on their case. |
09-04-2007, 10:56 AM
| | Member | | Join Date: Aug 2007 Location: FLORIDA
Posts: 525
| | Quote:
Originally Posted by clauderains What is the name of your state? Arizona
I was photographed by a photo-radar van while I was driving a vehicle jointly registered to my late father and my mother. My mother opened the photo radar citation which arrived addressed to my father, who died 12 years ago. The citation is made out to my father, and it bears his drivers license number. Although my mother is also listed on the registration for the vehicle, her name does not appear on the citation anywhere. I'm tempted to disregard the ticket, but I of course don't want to get mom in any trouble.
The question seems to be, is the ticket "attached" to the vehicle registration or to the drivers license of the individual who owns it? The next step taken by the traffic court in my city would be process service, which I presume would also be addressed to my late father. | I am curious. Since your dad died 12 years ago...why is he still on the registration? |
09-04-2007, 03:00 PM
| | Senior Member | | Join Date: Feb 2005
Posts: 3,456
| | Quote:
Originally Posted by Ozark_Sophist And under cross, mommy would have to lie to protect her son | There is no reason for this to go to court at all. The violations that are mailed out also include a form you can fill out. Fill out the form, include a photocopy of your DL, point out that the pictures don't match, and that's it. Although they will try to bully you into telling who was driving the car, there is no actual legal enforcement to gain such information. |
09-04-2007, 03:12 PM
| | Senior Member | | Join Date: Sep 2006 Location: Missouri Ozarks
Posts: 2,669
| | Quote:
Originally Posted by The Occultist There is no reason for this to go to court at all. The violations that are mailed out also include a form you can fill out. Fill out the form, include a photocopy of your DL, point out that the pictures don't match, and that's it. Although they will try to bully you into telling who was driving the car, there is no actual legal enforcement to gain such information. | Oh yeah, the registered owner of the car has been twelve years. The state will let that slide. | |
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