red light photo ticket where I was not the driver

[mofta7]

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

I have received a ticket for a red light violation detected by camera. The person in the photos was my wife driving the car that is registered in my name. I read at another website that I am not required to give the name of the person who was driving the car even if the notice I recieved stated that I have to. Is that true?

Because I tried to talk to the Police officer and he made it pretty clear that if i do not name the driver then he is not dismissing the ticket. I have scheduled a trial in two weeks anyway, I just want to know if I should keep my mouth shut or just tell them it's my wife since they will find out anyway.

[Shipsaeki]

Originally Posted by mofta7

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

I have received a ticket for a red light violation detected by camera. The person in the photos was my wife driving the car that is registered in my name. I read at another website that I am not required to give the name of the person who was driving the car even if the notice I recieved stated that I have to. Is that true?

Because I tried to talk to the Police officer and he made it pretty clear that if i do not name the driver then he is not dismissing the ticket. I have scheduled a trial in two weeks anyway, I just want to know if I should keep my mouth shut or just tell them it's my wife since they will find out anyway.

Why not just pay the ticket if the vehicle was caught running a red light on camera? No points can be issued since they cannot prove who was driving the car? Something that I'm missing here?

[I_Got_Banned]

Originally Posted by mofta7

The person in the photos was my wife driving the car that is registered in my name.

Shhhhhhh!!!!

Originally Posted by mofta7

I read at another website that I am not required to give the name of the person who was driving the car even if the notice I recieved stated that I have to. Is that true?

That is true! In California, you do not have to reveal the identity of the driver. The only thing you have to do is appear in court, with proper identification (driver’s license) hand that to the bailiff who will hand it to the Judge, who will in turn compare the picture on the citation with the picture on the license, and assuming they don’t match, the citation will be automatically dismissed.

Originally Posted by mofta7

Because I tried to talk to the Police officer and he made it pretty clear that if i do not name the driver then he is not dismissing the ticket.

Have you ever played “Go Fish”?
Tell the officer to “Go Fish”….
Well, don’t tell him anything… Dismissing the citation is not up to the officer, it is up to the Judge. If the officer wants to re-issue the citation he can… But he would need a name, driver’s license number… etc of the person he wants to charge with the violation.

Originally Posted by mofta7

I have scheduled a trial in two weeks anyway, I just want to know if I should keep my mouth shut or just tell them it's my wife since they will find out anyway.

You should just keep…. Uhm, You should just remain silent… Actually, when your case is called, walk up as instructed by the bailiff and when asked for a plea, just say “Not Guilty, you honor, I am clearly not the driver pictured in the citation”.

Originally Posted by mofta7

or just tell them it's my wife since they will find out anyway.

How will they find out?
You better not take her to court with you!!!!

[I_Got_Banned]

Originally Posted by Shipsaeki

Why not just pay the ticket if the vehicle was caught running a red light on camera? No points can be issued since they cannot prove who was driving the car?

That is not how it works in California... The citation is mailed to the registered owner, and unless the picture in the citation matched that of the registered owner, then it must be dismissed... And he does not have to reveal who the driver is...

"Just paying the ticket" will cost the OP approximately $435... (might vasry slightly by county).

Lastly, Red Light Camera Citations do carry one violation point in California...

[Maestro64]

Oh thing that was not pointed out... since the money for these tickets are so great, and if the judge dismisses the ticket do not be surprise if a new ticket does not show up at your house for the wife. The companies who run these systems for the towns have been known to go back and look up every driver at the address the car is registered to and look at their DMV photos and find the person who looks like the photo.

Also, face it police lie and bluff you into thinking things are in their favor or they know more then you. Do not assume everything an officer tells you is true or accurate. The fact they think you might be an idiot and believe them tends to work in your favor.

[vstrinski]

I read at another website that I am not required to give the name of the person who was driving the car even if the notice I recieved stated that I have to. Is that true?

The answer is in the constitution:

Fifth Amendment - Rights of Persons

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Pretty much says that you don't have to provide "self-incriminating" evidence (which includes your family as well)

That's exactly what Madoff did after taking all those money.

Originally Posted by mofta7

The person in the photos was my wife

That's not for you to identify. This is for the prosecution to find out and prove.

You don't even have to know who that person is.

As other people said before - just go to court and tell the judge this is not you. That's all.

If the prosecution finds out and has a proof of who that is they can file another complaint (citation).

Also - don't forget that there are employees of the court (and police) reading this forum ;-)

[Zigner]

Originally Posted by vstrinski

The answer is in the constitution:

Well, what you cited wouldn't apply in THIS case...but, nice try

[vstrinski]

Originally Posted by Zigner

Well, what you cited wouldn't apply in THIS case...but, nice try

Depending on how you use that.

If you go to court and tell the judge "I'm calling the Fifth" it may or may not work. You may just annoy the judge.

It is however one of the things that could be used as defense in this case.

I'd rather just tell the judge "It's not me" period. I don't even have to know who that person was (could be my daughter's friend, etc). And even if I knew I don't have to provide self-incriminating evidence.
Finding facts about the offense is not defendant's job.

A friend of mine did exactly that and his ticket got dismissed. It was his wife again.

[Zigner]

Originally Posted by vstrinski

Depending on how you use that.

If you go to court and tell the judge "I'm calling the Fifth" it may or may not work. You may just annoy the judge.

It is however one of the things that could be used as defense in this case.

I'd rather just tell the judge "It's not me" period. I don't even have to know who that person was (could be my daughter's friend, etc). And even if I knew I don't have to provide self-incriminating evidence.
Finding facts about the offense is not defendant's job.

A friend of mine did exactly that and his ticket got dismissed. It was his wife again.

The point is that you cited the right to not incriminate yourself. 5th amendment wouldn't apply since he wouldn't be incriminating himself.

[I_Got_Banned]

Originally Posted by vstrinski

You don't even have to know who that person is.

Actually, while he cannot be forced to identify the driver pictured in the citation, it is always the registered owner's responsibility to know who's driving their vehicle as well as to ensure that the driver holds a valid driver's license!