Red light camera ticket..wrong indentiy again

[taylor84]

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

I was driving a car registered under my dads name and ran the red light. The ticket came in under my dads name and it was clearly a female driving the car. So we wrote to the court and said wrong identity and attached photo copies of my dads drivers license and the car registration.

The court then wrote back saying they dont identify the driver and sent our letter to the police station. Two weeks later another citation came in under my moms name. She is not the driver again. The picture is a little blurry but me and my mom look alike so im worried that they wont take the wrong identity thing again.

Whats my best defense here?

 

[Zigner]

Whats my best defense here?

At this point, you don't have to raise a defense, as you haven't been charged. However, I would suggest that your mother identify you as the driver - particularly if the two of you look sufficiently alike in the photo.

At that point, your best bet is to pay the ticket for the violation you committed. Why leave it on your parents?

 

[taylor84]

but i figure if we say its not her (my mother) they still can compare the video and zoom into the pics..which at that point they will know its not her.

I dont want her to identify me as i dont have that much money to pay in fines and would love it if there was a way to have the whole thing dismissed altogether!

 

[Zigner]

but i figure if we say its not her (my mother) they still can compare the video and zoom into the pics..which at that point they will know its not her.

I dont want her to identify me as i dont have that much money to pay in fines and would love it if there was a way to have the whole thing dismissed altogether!

It's not really your choice if she identifies you or not. Again, why would you leave this on her?

 

[taylor84]

well i figure she does not have to identify the real driver as there is no such law that she has to

so if we say shes not the driver again..is there a chance that it might get dismissed?

 

[patstew]

I dont want her to identify me as i dont have that much money to pay in fines and would love it if there was a way to have the whole thing dismissed altogether!

So, you did the crime but you want to weasel out of it? Tsk tsk...

 

[Zigner]

well i figure she does not have to identify the real driver as there is no such law that she has to

so if we say shes not the driver again..is there a chance that it might get dismissed?

...And there's a chance that the picture looks enough like her that she gets nailed with this.

 

[taylor84]

yes!! if the ticket is not coming on my name
then i figure there should be some way for my mom to get out of it

 

[Zigner]

yes!! if the ticket is not coming on my name
then i figure there should be some way for my mom to get out of it

Incredible...

Have her tell the court that it's not her. If the court feels that it looks sufficiently like her, they will find her guilty. If the court feels that it doesn't look sufficiently like her, they will find her not guilty. They WILL pressure her to tell who the driver was (and I, for one, hope she does)

 

[davew128]

OP, tell your mom to fight it. All she needs to do is state that the driver is not her, nothing else (despite what other posters have stated). The last time I checked, a defendant was under no obligation to do anything except force the state to prove its case, and if the picture of the driver does not look sufficiently like your mother, thats it.

 

[Zigner]

OP, tell your mom to fight it. All she needs to do is state that the driver is not her, nothing else (despite what other posters have stated). The last time I checked, a defendant was under no obligation to do anything except force the state to prove its case, and if the picture of the driver does not look sufficiently like your mother, thats it.

That's what I said Dave.

 

[taylor84]

at this point i will just write a letter to the court and police station saying wrong identity and attach copies of her drivers license.

hopefully that works. The pic is not that clear but it just seems like theres a woman behind the wheel..

 

[Zigner]

at this point i will just write a letter to the court and police station saying wrong identity and attach copies of her drivers license.

hopefully that works. The pic is not that clear but it just seems like theres a woman behind the wheel..

1) Why do YOU need to do ANYTHING? You weren't cited!

2) This tactic will lose the case for mommy.

 

[taylor84]

i feel obliged to do something because obviously i know it was not my mom in the car and i dont want her to get fined.

 

[vstrinski]

at this point i will just write a letter to the court and police station ....

just for the record - I guess you meant to say that "you'll help your mom by preparing her letter to the court", right?
(not that YOU will write to the court about something that doesn't involve you)