Red light automated camera ticket

[randomguy]

What is the name of your state? California

Situation: I own commercial company and one of my driver received ticket issued by red light camera and reviewed by an officer. The ticket was issued on company name, however company name wasn't driving. I Google and found some information regarding red light tickets

Questions:

1) During my researched I read that in California you are not required to inform police who was driving the vehicle, is this still the case, and if so does this apply to commercial vehicles?

2) If answer is yes to both above, how do i go about telling sheriff department that ticket was issued to company which obviously wasn't the driver and I request to have ticket dismissed? Do i just write the letter?

3) If answer is No to question 1, then am I required to tell sheriff department who was driving the vehicle? If yes can driver go to traffic school so it does not go on his record, If no, Do i just pay the ticket, or do I again need tell Sheriff department that I am not going to tell them who was driving as i am not required under the law.
4) Should I be asking something else that I am not asking?
P.s. ticket is real as it has court information at the bottom of the ticket (read about the false tickets)

[ceara19]

Originally Posted by randomguy

What is the name of your state? California

Situation: I own commercial company and one of my driver received ticket issued by red light camera and reviewed by an officer. The ticket was issued on company name, however company name wasn't driving. I Google and found some information regarding red light tickets

Questions:

1) During my researched I read that in California you are not required to inform police who was driving the vehicle, is this still the case, and if so does this apply to commercial vehicles?

2) If answer is yes to both above, how do i go about telling sheriff department that ticket was issued to company which obviously wasn't the driver and I request to have ticket dismissed? Do i just write the letter?

3) If answer is No to question 1, then am I required to tell sheriff department who was driving the vehicle? If yes can driver go to traffic school so it does not go on his record, If no, Do i just pay the ticket, or do I again need tell Sheriff department that I am not going to tell them who was driving as i am not required under the law.
4) Should I be asking something else that I am not asking?
P.s. ticket is real as it has court information at the bottom of the ticket (read about the false tickets)

I may be wrong about this, and if I am, I'm sure someone will be along soon to correct me, but I think you may be misinterpreting what you read.

I don't think you get to have it both ways. While you may not be required by law to revel the name of the person that was driving the car at the time of the infraction, if you refuse to disclose the information, you (or the "company" in this case, would be responsible for paying the fine.

If a person could say "I wasn't the one driving. It was my friend and I'm not telling you what their name is" to avoid paying the fine, having red light cameras would be pointless.

[randomguy]

Thank you for your reply, after searching more i finally found this webpage
[url]http://www.highwayrobbery.net/redlightcamsDef1CompanyCar.html[/url]

Hopefully this will help someone else that find them self in same situation as my company found it self in.

[Jim_bo]

Look at my response in this thread: [url]http://forum.freeadvice.com/showthread.php?t=351281[/url]

[CdwJava]

Originally Posted by ceara19

I don't think you get to have it both ways. While you may not be required by law to revel the name of the person that was driving the car at the time of the infraction, if you refuse to disclose the information, you (or the "company" in this case, would be responsible for paying the fine.

If a person could say "I wasn't the one driving. It was my friend and I'm not telling you what their name is" to avoid paying the fine, having red light cameras would be pointless.

Actually, there is no law currently requiring the owner of the car to ID the driver, and no current law holding the owner responsibile. I suspect that such a law will come into being sometime down the road, but currently this is not the state of CA law.

- Carl

[randomguy]

CdwJava, thank you for your reply, from your signature i it appears that you're a cop, is that the case? I am thinking of doing trial by written declaration and just basically telling the judge that no law exist currently that would require me to identify the driver and i have no intention of revealing the driver identity voluntarily, so i request dismissal of the ticket on the legal defense that it wasn't me driving. CdwJava is that good defense or should I just ask judge to dismiss the ticket because company can't be held responsible criminally for the ticket currently?


Jim_bo thank you for reply also, but I see no reason to do discovery when no law currently exist that would require me to identify my driver

[CdwJava]

Originally Posted by randomguy

CdwJava, thank you for your reply, from your signature i it appears that you're a cop, is that the case?

Yes.

I am thinking of doing trial by written declaration and just basically telling the judge that no law exist currently that would require me to identify the driver and i have no intention of revealing the driver identity voluntarily, so i request dismissal of the ticket on the legal defense that it wasn't me driving. CdwJava is that good defense or should I just ask judge to dismiss the ticket because company can't be held responsible criminally for the ticket currently?

If I read you correctly, the name "Company X" was on the citation? No driver's license number?

If this is a citation to appear in court (i.e. it has a court date and an appearance location), you might consider contacting the court and advising them that no such individual works for your company. If this is - as I suspect - a note from the issuing agency asking you to identify a driver, you can effectively ignore the notice.

However, as I am not privy to the citation or what the police might know, you might consider at least consulting an attorney to see what kind of exposure you or your company might have.

- Carl

[randomguy]

CdwJava that is totally correct, thank your for your advice, I will contact attorney in the next couple of days to make sure that I am proceeding correctly

[tranquility]

While you don't have to testify, make sure you don't testify in your actions. Once you start testifying the judge may require you to complete your testimony by identifying the person driving. That's why it is a good idea to have an attorney answer for you.

[Jim_bo]

Originally Posted by randomguy

CdwJava, thank you for your reply, from your signature i it appears that you're a cop, is that the case? I am thinking of doing trial by written declaration and just basically telling the judge that no law exist currently that would require me to identify the driver and i have no intention of revealing the driver identity voluntarily, so i request dismissal of the ticket on the legal defense that it wasn't me driving. CdwJava is that good defense or should I just ask judge to dismiss the ticket because company can't be held responsible criminally for the ticket currently?


Jim_bo thank you for reply also, but I see no reason to do discovery when no law currently exist that would require me to identify my driver

Wow... you have a really interesting defense. I am very curious as to how it works out. Please post here your results.

Jimbo