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03-09-2009, 02:26 AM
| | Member | | Join Date: Mar 2009
Posts: 96
| |  Red Light Ticket
What is the name of your state (only U.S. law)? California
Alright I ended up getting a Red light camera ticket on Date Palm and Ramon in Cathedral City SoCal going 15 MPH through it due to basically a Traffic jam, so Dosn't really matter I can ask for a Fine reduction but the thing is the point On my record, Ive gotten several mixed messages on this whole issue, one being that this is a Civil Ticket and dose not affect your Insurance, I believe this is incorrect even though this is a civil matter. All four intersections have Camera Signed on them and all Above 6ft with a 3.9-4Sec Yellow light timer so everything seems pretty hard to fight. Now the only thing off is that the ticket was mailed to my dad which the car is under his name, He said he would have to fill out a Affidavit <-- Forgive my spelling and have it transferred to my name, which would be the right thing to do. but reading up on the internet which is a pretty bad source I read that There is no law required to name the person in the car when filling out a affidavit. Which would make since in a way and how could you give someone a ticket for something they didn't do? Any enlightenment?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)? |
03-09-2009, 09:51 AM
| | Senior Member | | Join Date: Aug 2008 Location: Back in LA LA land
Posts: 1,686
| | Quote:
Originally Posted by AgentSmithers  What is the name of your state (only U.S. law)? California
Alright I ended up getting a Red light camera ticket on Date Palm and Ramon in Cathedral City SoCal going 15 MPH through it due to basically a Traffic jam, so Dosn't really matter I can ask for a Fine reduction but the thing is the point On my record, Ive gotten several mixed messages on this whole issue, one being that this is a Civil Ticket and dose not affect your Insurance, I believe this is incorrect even though this is a civil matter. All four intersections have Camera Signed on them and all Above 6ft with a 3.9-4Sec Yellow light timer so everything seems pretty hard to fight. Now the only thing off is that the ticket was mailed to my dad which the car is under his name, He said he would have to fill out a Affidavit <-- Forgive my spelling and have it transferred to my name, which would be the right thing to do. but reading up on the internet which is a pretty bad source I read that There is no law required to name the person in the car when filling out a affidavit. Which would make since in a way and how could you give someone a ticket for something they didn't do? Any enlightenment?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)? | First off, what vehicle code section is shown on the citation? If it is a 21453(a) then there is no fine reduction. The statute setting the base fine has it $100 and judges cannot reduce it. By the way, the $100 is like I stated, a BASE fine and you must add the statutory penalties and assessments would add up to approximately $380 depending on which county you were cited in. It can go up to $453.
Second, traffic infractions in California ar not civil matters, they are in fact criminal.
Third, if the vehicle is registered in your dad's name and the pictures on the citation show someone else, then all he would have to do is show up in court, present a picture ID (like his license) and assuming he looks a little different than the person pictured on the citation, the citation is dismissed AND he is not under any obligation to disclose who that person in the picture is. In other states? Maybe, but not in California!
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"Anyone who trades liberty for security deserves neither liberty nor security” ~ Benjamin Franklin
Last edited by I_Got_Banned; 03-09-2009 at 09:54 AM.
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03-09-2009, 01:20 PM
| | Member | | Join Date: Jan 2007 Location: Mojave Desert, CA
Posts: 656
| | | IGB nailed this one on the head. If I read your post correctly, you didn't get a ticket... your dad did. Furthermore, the ticket may says something like "don't contact that court". If it is a "snitch ticket" telling you not to contact the court... then it is not a ticket at all. I have never actually seen one of these, but I believe the prevailing wisdom is to simply ignore them. However, if it is a real ticket (i.e. with a court date), your dad should just show up in court (or do a TBWD) and say it wasn't him. |
03-09-2009, 02:08 PM
| | Member | | Join Date: Mar 2009
Posts: 96
| | | Awesome, Yeah its a real ticket, I will Fill out a TR-205, I belive its a 205 for Written Trial By Dec and send in a picture of his ID and what not and take care of it from there! Thank you Guys! |
03-10-2009, 12:22 PM
| | Member | | Join Date: Mar 2009
Posts: 96
| | | I brought the case up to my mom and she insist the Alfadavit is filled out, cause its the law, Ive never herd of it having to be filled out, with my name in it so it dosent appear on my fathers record, to me that seems kinda like a step back. Isen't my case basicly a won case? And even if it is, Will this affect my dad's record at all even if it is Dismissed? Do Polic see it come up on his record as dismissed?
Last edited by AgentSmithers; 03-10-2009 at 12:27 PM.
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03-10-2009, 12:57 PM
| | Member | | Join Date: Aug 2007
Posts: 674
| | | Go to this cite and have your mom read the information.
[url=http://www.highwayrobbery.net/]Home - Fighting Red Light Camera Tickets[/url]
She is doing what she thinks is best for your dad and his insurance not necessarily what is correct or legal.
The above website has everything you want to know about these tickets and how to proceed.
__________________
I am not a lawyer nor am I in law enforcement,
I will not make any value judgment on why you're asking a questions.
I will try to provide information so you can make an informed decisions so take it for what is worth and do your own research.
Remember it is easy to tell someone they will lose verse providing knowledge.
Lastly, I have no vested interest in your outcome win, lose or draw and the same goes for anyone else.
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03-10-2009, 01:52 PM
| | Member | | Join Date: Mar 2009
Posts: 96
| | | Yeah it was the first thing i've read, Thankyou Maestro64 |
03-10-2009, 03:58 PM
| | Member | | Join Date: Jan 2007 Location: Mojave Desert, CA
Posts: 656
| | | Hey young dude... you should pay attention to what you have been told. I don't care if you were driving the car... you didn't get the ticket. Your dad did. YOU shouldn't be sending a TBWD... your dad should. Also, it is the State's burden to prosecute... not your dad's. Your dad is NOT obligated to say who was in the car or who is in the picture. He only needs to assert his own defense, which is "the guy in the picture is not me". Don't be dumb and tell the state "it was me, it was me!!!" That would be the equivilent of driving down the road and seeing that you were 10mph over the limit and then stopping by the police station to confess to your crime. Just dumb. |
03-10-2009, 04:12 PM
| | Member | | Join Date: Aug 2007
Posts: 674
| | | As it was pointed out, you were not cited so it not your responsibility to respond to the state. Your dad does not have to say who it is unless the court legally compels him to do so, which they generally do not in cases like this.
However, keep in mind and it has happen the police or the company running the camera will routinely look up others who live at the location that car is registered and see if their DL photo matches the photo in the RLC. They could turn around and send you a ticket once your dad say it was not him and the court accepts that.
__________________
I am not a lawyer nor am I in law enforcement,
I will not make any value judgment on why you're asking a questions.
I will try to provide information so you can make an informed decisions so take it for what is worth and do your own research.
Remember it is easy to tell someone they will lose verse providing knowledge.
Lastly, I have no vested interest in your outcome win, lose or draw and the same goes for anyone else.
|
03-10-2009, 04:49 PM
| | Member | | Join Date: Mar 2009
Posts: 96
| | Quote:
Originally Posted by Jim_bo Hey young dude... you should pay attention to what you have been told. I don't care if you were driving the car... you didn't get the ticket. Your dad did. YOU shouldn't be sending a TBWD... your dad should. Also, it is the State's burden to prosecute... not your dad's. Your dad is NOT obligated to say who was in the car or who is in the picture. He only needs to assert his own defense, which is "the guy in the picture is not me". Don't be dumb and tell the state "it was me, it was me!!!" That would be the equivilent of driving down the road and seeing that you were 10mph over the limit and then stopping by the police station to confess to your crime. Just dumb. |
When I was talking ab out sending in the TBWD I was referencing doing it for him cause he dosent have much experence in this area, I payed 101% attechen to this whole thread, Thankyou for your enlightment. |
03-10-2009, 04:50 PM
| | Member | | Join Date: Mar 2009
Posts: 96
| | Quote:
Originally Posted by Maestro64 As it was pointed out, you were not cited so it not your responsibility to respond to the state. Your dad does not have to say who it is unless the court legally compels him to do so, which they generally do not in cases like this.
However, keep in mind and it has happen the police or the company running the camera will routinely look up others who live at the location that car is registered and see if their DL photo matches the photo in the RLC. They could turn around and send you a ticket once your dad say it was not him and the court accepts that. | O god would that be a nightmare. What are the chances of this? |
03-11-2009, 12:51 PM
| | Member | | Join Date: Jan 2007 Location: Mojave Desert, CA
Posts: 656
| | Quote:
Originally Posted by AgentSmithers O god would that be a nightmare. What are the chances of this? | The chances are irrelevant. You deal with the issue in front of you at the time. Right now, you only have your dad's ticket in front of you. |
03-11-2009, 01:49 PM
| | Member | | Join Date: Mar 2009
Posts: 96
| | Thanks Alot guys for all your help! =)  |
03-12-2009, 11:48 AM
| | Senior Member | | Join Date: Aug 2008 Location: Back in LA LA land
Posts: 1,686
| | Quote:
Originally Posted by AgentSmithers Thanks Alot guys for all your help! =) | You're welcome!!!
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