Red Light Camera Ticket In California, But Not The Driver

[vashwood]

Here's the situation. I just received a red light camera ticket. It was issued to me. Only thing is I was not the driver in the photo. It was my financee and he's not a registered owner. The photo is pretty clear that it was a male driving the car, and it could not be me because I'm a female. I also do not want to identify him to the court.

I did some browsing and I found the following site
http://www.highwayrobbery.net/redlightcamsticket.htm#NotMe

It was recommended by that site that in my situation, I should try to do a 'trial by declaration'. And since I don't think I could do well in front of the judge (stage fright), I believe that's the best way. I was thinking about providing the red light picture as well as a colored copy of my driver's license, so the judge can clearly see that I wasn't driving.

Only thing is, how do I word the letter so I don't have the judge asking me who was the person driving? I want to show the pictures, but does that mean I'm testifying? So if I'm testifying he can directly ask me about the person driving?

Also, what does this sentence mean in the "trial by declaration"? "I know that I have the right not to be compelled to be a witness against myself. I understand and agree that by making any statement, I am giving up and waiving that right and privilege."

I just want to do this correctly.

I also saw another post suggesting to fill out a affidavit. But I don't see that in my citation. What is that?

Thanks in advance for your help.

 

[seniorjudge]

Only thing is, how do I word the letter so I don't have the judge asking me who was the person driving?

You can't.



Thanks in advance for your guys' help.

Some of us on this board are not guys.

 

[vashwood]

Ok. Let me edit my original post. I guess I meant "you all"

So if I submit a trial by declaration and provide pictures showing that I was not a driver and it's pretty obvious that I wasn't the driver, the judge can still come back to me and ask who the driver was? And if I don't answer I will still be found guilty? Is that how it works?

So, if I'm found guilty I can still request a trial by novo right? And in the trial, can't I say something along the lines of "Your honor, I request dismissal because the pictures do not show beyond a reasonable doubt that it was me driving the vehicle. I do not want to testify and I plead not guilty."

I've heard that I do not have to identify the driver. I'm just trying to find the best possible way to go about this situation.

 

[Hey There]

4 places to check/Form 205 must be used

1-13-08
Vashwood
1.The Request for a Trial by Declaration (Form 205) and instructions (Form 202) on how to fill out the request can be obtained from a court clerk where the trial is to be held. OR
2.A trip to the library should yield a book on fighting traffic tickets in Ca. published by NOLO that has a sample description of how to file, along with instructions on how to file. A Request for a Trial by Declaration form can be copied from the back of the book and submitted to the court.OR
3.At Google by typing in California Courts: Forms - and selecting Traffic Infraction click on TR200 and TR205 OR
4. Information on the correct way to file a Trial by Declaration can be found by typing in Trial by Declaration on a Google Search.

Any of these four options should make clear the simple process of filing a Trial by Declaration in Ca. You state why you aren't guilty, the officer states why you are, the judge decides.

It is important to reread the instructions and note what is required and what isn't. A driver need only state in the Trial by Declaration why he isn't guilty, not why someone else is guilty.

Best Regards,
Hey There

 

[randomguy]

I fought a red light ticket that was issue in a company name. I appeared in front of a judge (actually went to court) and told the judge no such person was driving the vehicle. Judge demanded i tell him who the driver was. I told the judge that i am under no legal obligations to tell the court or the officer who the driver was. The only thing that i obligated to do is either pay the ticket or request a hearing, be it written or in person.

Being that i was right and judge could not tell me under what law i was required to id the driver, the ticket was dismissed. Officer wasn't happy that i refuse to id the driver.

Good luck with the ticket

 

[JIMinCA]

So, does your ticket require a court appearance? If not, what you have is a "snitch ticket".

To do a Trial By Written Declaration, you can get the form here: http://www.courtinfo.ca.gov/forms/fillable/tr205.pdf

All you have to do is say you are not guilty because you were not the person driving. Submit the picture and a copy of your license. Nothing else. You can ignore any demand to give up the name of the driver.

 

[vashwood]

I double checked it. It is not a snitch ticket. I started creating a trial by declaration. Anyone got any spare time to check it out?

 

[JIMinCA]

I double checked it. It is not a snitch ticket. I started creating a trial by declaration. Anyone got any spare time to check it out?

It shouldn't be difficult or more than just a couple of lines. Post it here and let's see what you have.

 

[vashwood]

Hows this?


DECLARATION OF FACTS:

Defendant's citation includes a photo of the face of the person driving the car (Exhibit D). Defendant also encloses Exhibits A and B, which are full color copies of Defendant's driver's license and Student ID.

Defendant questions whether a comparison of the photos of the driver and the Defendant proves beyond a reasonable doubt that it was Defendant driving the vehicle. Defendant respectfully requests the Court to find that the photos do not provide said proof, and to dismiss.

 

[JIMinCA]

Sounds fine. Just one thing you left out. You need to state that you plead "not guilty".

 

[vashwood]

Ok. What about adding this to the very end? I'm just trying to word everything so that I'm not testifying. Everything I've written so far is not testifying right?

"Defendant stands by the of plea of not guilty - wrong defendant."

 

[JIMinCA]

You don't need to worry about the technicality of "am I testifying". In a Trial By Written Declaration, you will not be cross examined. No one will ask you any questions. Since your fiancee is (probably) the opposite gender, it should be quite apparent to the Court that you were not the driver. Your TBWD only addresses whether or not YOU are guilty. Period.

I'm actually surprised that you even got the ticket. Normally, it is obvious that a gender mismatch occurred and the driver is obviously not the registered owner.

Understand that with a TBWD, you are going to have to send in bail in the amount of your ticket. Even if you are found not guilty, you won't see that money back for a few months. The easiest thing to do is just go to your arraignment and make a motion for dismissal based on the fact that you are not even the same gender as the person in the picture.

 

[vashwood]

I'm just a little nervous to go up in front of a judge for an arraignment. I was just reading that if I testify and I'm found guilty, the judge can use the declaration against me if i go do a trial by novo.

btw, that last sentence seemed ok right?

 

[JIMinCA]

no... it's all screwed up.

If you are found guilty in the TBWD, you can request a trial de novo. That means a "new trial". Nothing in the TBWD can be used.

Like I said, you can simply write a script if you need to, go to the arraignment and make a motion for dismissal based on gender mismatch. It is pretty painless. But, if you can afford to loan the state $300 or so for a few months because you are nervous... more power to you.

 

[vashwood]

Just to update. I was found not guilty by trial by declaration