Red Light Camera Ticket In California, But Not The Driver

[goolah]

What is the name of your state (only U.S. law)? California.

So here's the story, I live in San Jose, and I lent my car to a friend (female) who was visiting. She did a red-light violation that was captured by a camera. A few weeks later, a ticket came to my registered home address.

And since I'm a male, they decided to look for other female candidates under my registered home address.

The ticket was sent under my roomate's name (a female who used to live there, but had left the country since last May).

I'd like to help out my friend so that she wouldn't have to pay this ticket (its for $460). Can I declare a trial by declaration? But I'm a bit confused on how to write it since the ticket is not under my name (it's under my roomate's name, but I am listed as the vehicle owner).

This is what I have so far under statement of facts :

I stand by my plea of not guilty.

As the registered owner, I would like to state that the defendant (my roomate's) could not possibly be the driver of the vehicle, for she has been out of the country since May 2009.

I respectfully requests the Court to dismiss.

Any inputs are appreciated. Thank you,

Goolah

[I_Got_Banned]

Originally Posted by goolah

This is what I have so far under statement of facts :

I stand by my plea of not guilty.

As the registered owner, I would like to state that the defendant (my roomate's) could not possibly be the driver of the vehicle, for she has been out of the country since May 2009.

I respectfully requests the Court to dismiss.

That's not going to work.... You cant file a TBD for someone else, just like you couldn't appear on your roommate's behalf.

Only an attorney licensed in the state can handle a case on behalf of his/her client.

Your rommate will have to file the complete and sign the TBD, send in a copy of her ID (California driver's license/ passpost... etc) along with it and request that the case be dismissed.

[Jim_bo]

does the ticket actually have a court date on it or does it ask for your roommate to turn in the person in the photo? Also, does your roommate look similar to the girl in the photo?

[goolah]

Thank you so much for your response.

I_Got_Banned - Yeah, I thought so. But she's no longer in the country, and I would really hate to inconvenience her family, that's why I thought I could file the TBD as the registered owner.

Jim_bo - In person they do not look similiar. The photo was a bit blurry, but enough to make out that it's an Asian girl with dark hair (both my roomate and my friend are Asian).

So my only other option is to turn her in?

[Zigner]

Originally Posted by goolah

Thank you so much for your response.

I_Got_Banned - Yeah, I thought so. But she's no longer in the country, and I would really hate to inconvenience her family, that's why I thought I could file the TBD as the registered owner.

Jim_bo - In person they do not look similiar. The photo was a bit blurry, but enough to make out that it's an Asian girl with dark hair (both my roomate and my friend are Asian).

So my only other option is to turn her in?

Does the notice say something to the effect of "Do not contact the court about this"? (either on the back or the front...)

[I_Got_Banned]

Originally Posted by goolah

So my only other option is to turn her in?

"YOU", have no options... If the citation is issued in her name (and assuming that this is a legit "citation" as opposed to a "snitch ticket" (as Zigner has suggested)), then your corresponding/communicating with the court in an attempt to adjudicate this matter on her behalf is NOT an option.

This matter can only be handled by two individuals... The defendant named on the citation OR an attorney acting on her behalf.

[goolah]

I_Got_Banned - So what would be my options if my roommate is no longer in the US? Should I think about hiring an attorney to represent her? What if she wrote a letter allowing me to represent her?

Or perhaps, with her prior approval, I can just go ahead and submit the TBD. With the following statement of facts:
I stand by my plea of not guilty.

I have been out of the country since May 2009, therefore the driver of the vehicle could not have been me.

I respectfully requests the Court to dismiss.

Zigner - It's a real ticket with court date and address. And yes, the ticket state that they will only consider removing the ticket if we provide a complete information of the actual driver.

Again, thank you for your time and effort.

[I_Got_Banned]

You're free to try what ever option you want to try. You can re-word your hypotheticals and the answers will remain the same. Let me reitterate what's been said:

• You representing her in court -and since you are NOT licensed to practice law in California- and even with a letter from her is simply unacceptable; it will not work.
• You submitting a TBD on her behalf would include you signing a sworn statement that you are her. Not a good idea. And for me to suggest that you should forge a court document... I'm not going to do that!
• Her writing a letter to the court saying that she's been out of the country... well the judge might buy the story but then again, he/she might not.
• You hiring an attorney on her behalf, and although it might work (if she's able to provide him with pictures that show her looking different than the driver), but then again, an attorney will cost you, at minimum, $500... So when all is said and done, you haven't saved much.

She needs to complete a TBD (here's a link to the forms: [url]http://www.courtinfo.ca.gov/forms/documents/tr200.pdf[/url] -- Google TR-205 to get the other form), provide copies of a picture ID and hope that the judge reading her statement sees a difference between her and the driver...

If she happens to get a reprieve from the court based on her TBD statement then she's done. Otherwise, the only practical solution would be for your other friend to accept the responsibility, to step forward and to admit she was driving. But again, for me to suggest that you should help one friend by forcing the other to take the wrap... I'm not going to do that.

[goolah]

I_Got_Banned - Thank you so much for your advices.

I will try to contact my old roommate and see if she's willing to help. Other than that, at least I've explored all possibilities.

Thank you again! I will update once I have anything else.

[I_Got_Banned]

Let me clarify one additional yet important point. With this being a "moving violation" and since this citation lists her name and driver's license number, it is the responsibility of the "alleged driver" named on the citation to handle it accordingly. Had this been a parking ticket (for example), I would understand your being concerned about it affecting you personally.

I say this for 2 reasons:

1. It is in "HER" best interest to ensure that this matter is handled in a timely manner. Because "HER" failure to repond to the citation in a timely manner can and most likely will result in the addition of a "Failure To Appear" to her court case (carries an additional fine of up to $300). AND this will eventually result in the court placing a hold on her license with the DMV (meaning her license will more likely be suspended).
   
2. Just because you are listed as the registered owner does not subject you to any liability as far as whether this is taken care of by her -on time- or not. Again, you are not the defendant named in the citation... SHE is!

Inform her of her options... Either a Trial By Declaration (TBD) which she can do by mail OR face the risk of having an increase in her fine + her license being suspended.

Originally Posted by goolah

I will update once I have anything else.

Please do.... And you're welcome!

[goolah]

I got in touched with her, and she would be more comfortable with transferring the ticket over to my friend's name ASAP. So we're in the process of filling out that bottom part of the ticket with my friend's (the driver's) info.

Can my friend still do the TBD appeal after the ticket is transferred over to her?

Thanks again!

[Jim_bo]

Originally Posted by goolah

I got in touched with her, and she would be more comfortable with transferring the ticket over to my friend's name ASAP. So we're in the process of filling out that bottom part of the ticket with my friend's (the driver's) info.

Can my friend still do the TBD appeal after the ticket is transferred over to her?

Thanks again!

Dude... this is a ticket... in other words, it is a criminal complaint. It is not an extended warranty on a volvo! You don't just "transfer it over". I think you have been told already that the person on the ticket is not only the ONLY person who is responsible for answering the complaint, but that person is the ONLY person who CAN answer the complaint (unless a lawyer is hired).