Fix-It Ticket While Driving someone else's car.

[mrk1n6]

Hi, I need some advice, I live in CALIFORNIA and I was driving a friends car with the owner, Upon arriving at a friends house to pick him up a sheriff's vehicle was ahead of us about 400+ feet moving away from us. (Pretty good distance). We were parked legally alongside the curb. Soon after the sheriff makes a U-turn (My guess to get back onto the main street) and zips past us. Soon after I look in my right side mirror and he does a U-Turn and is now behind us. He comes up and talks to us and asks us what are business is and we tell him we're waiting for a friend. He then goes on to ask for my Drivers permit and I.D. (I don't have a full license yet but am over the age of 18) so I fully cooperate and give it to him, The vehicle owner then starts to ask the officer if we're being detained and etc. and the officer says we're not.

After a few words between my friend at the time (The owner of the vehicle) and the officer. Things start to heat up and my friend begins to annoy the officer with questions regarding why we were stopped and etc. (The officer was getting mad at this point).
I decided to tell my friend to be quiet. to spare us the trouble he was about to get us in. At this point I apologized to the officer for my friend and he just went "Really? You're going to be this way? (talking to the owner of the car) Okay, I am going to issue your friend here (Me) the ticket for your cracked windshield. At this point I was upset but I didn't show it at anyway to the officer and still remained 100% respectful and cooperative.


As a result, I received a ticket for CVC 26710 (Defective Windshield) in a residential area while parked alongside the curb. It's not my vehicle so why did the officer ticket me? I try to have the owner pay for the ticket but he refused and is very happy about this now, He says it's my fault for driving his car and that he wants me to get him a new windshield. This guy is using my ticket to his advantage for the trouble he got us in.


My question is, can I fight it? Is there anything I can do? CVC 26710 says on a "Highway" when I was in a residential area. Can I use that in court? Will this go on my driving record and affect my insurance?



Please spare me the whole deal about finding better friends and etc. I want help not to be criticized on my friends

Thank you for taking the time to read.

 

[Ohiogal]

Hi, I need some advice, I live in CALIFORNIA and I was driving a friends car with the owner, Upon arriving at a friends house to pick him up a sheriff's vehicle was ahead of us about 400+ feet moving away from us. (Pretty good distance). We were parked legally alongside the curb. Soon after the sheriff makes a U-turn (My guess to get back onto the main street) and zips past us. Soon after I look in my right side mirror and he does a U-Turn and is now behind us. He comes up and talks to us and asks us what are business is and we tell him we're waiting for a friend. He then goes on to ask for my Drivers permit and I.D. (I don't have a full license yet but am over the age of 18) so I fully cooperate and give it to him, The vehicle owner then starts to ask the officer if we're being detained and etc. and the officer says we're not.

After a few words between my friend at the time (The owner of the vehicle) and the officer. Things start to heat up and my friend begins to annoy the officer with questions regarding why we were stopped and etc. (The officer was getting mad at this point).
I decided to tell my friend to be quiet. to spare us the trouble he was about to get us in. At this point I apologized to the officer for my friend and he just went "Really? You're going to be this way? (talking to the owner of the car) Okay, I am going to issue your friend here (Me) the ticket for your cracked windshield. At this point I was upset but I didn't show it at anyway to the officer and still remained 100% respectful and cooperative.


As a result, I received a ticket for CVC 26710 (Defective Windshield) in a residential area while parked alongside the curb. It's not my vehicle so why did the officer ticket me? I try to have the owner pay for the ticket but he refused and is very happy about this now, He says it's my fault for driving his car and that he wants me to get him a new windshield. This guy is using my ticket to his advantage for the trouble he got us in.


My question is, can I fight it? Is there anything I can do? CVC 26710 says on a "Highway" when I was in a residential area. Can I use that in court? Will this go on my driving record and affect my insurance?



Please spare me the whole deal about finding better friends and etc. I want help not to be criticized on my friends

Thank you for taking the time to read.

When you are driving the car, you are responsible for the condition of the car and making sure it is roadworthy. As for criticizing your friends, if the owner is your friend, you don't need enemies.

 

[Zigner]

Hi, I need some advice, I live in CALIFORNIA and I was driving a friends car with the owner, Upon arriving at a friends house to pick him up a sheriff's vehicle was ahead of us about 400+ feet moving away from us. (Pretty good distance). We were parked legally alongside the curb. Soon after the sheriff makes a U-turn (My guess to get back onto the main street) and zips past us. Soon after I look in my right side mirror and he does a U-Turn and is now behind us. He comes up and talks to us and asks us what are business is and we tell him we're waiting for a friend. He then goes on to ask for my Drivers permit and I.D. (I don't have a full license yet but am over the age of 18) so I fully cooperate and give it to him, The vehicle owner then starts to ask the officer if we're being detained and etc. and the officer says we're not.

After a few words between my friend at the time (The owner of the vehicle) and the officer. Things start to heat up and my friend begins to annoy the officer with questions regarding why we were stopped and etc. (The officer was getting mad at this point).
I decided to tell my friend to be quiet. to spare us the trouble he was about to get us in. At this point I apologized to the officer for my friend and he just went "Really? You're going to be this way? (talking to the owner of the car) Okay, I am going to issue your friend here (Me) the ticket for your cracked windshield. At this point I was upset but I didn't show it at anyway to the officer and still remained 100% respectful and cooperative.


As a result, I received a ticket for CVC 26710 (Defective Windshield) in a residential area while parked alongside the curb. It's not my vehicle so why did the officer ticket me? I try to have the owner pay for the ticket but he refused and is very happy about this now, He says it's my fault for driving his car and that he wants me to get him a new windshield. This guy is using my ticket to his advantage for the trouble he got us in.


My question is, can I fight it? Is there anything I can do? CVC 26710 says on a "Highway" when I was in a residential area. Can I use that in court? Will this go on my driving record and affect my insurance?



Please spare me the whole deal about finding better friends and etc. I want help not to be criticized on my friends

Thank you for taking the time to read.

Why is he still your friend?

 

[CdwJava]

You can consider replacing the window and suing the owner (probably won't fly, but it's an option). You can also consider bringing to your arraignment proof of the vehicle's registration to someone else and ask that the court make the violation the owner's responsibility.

Ultimately, YOU will be responsible for paying or correcting this until such time as a court says otherwise.

 

[mrk1n6]

Why is he still your friend?

Again, He isn't anymore anyways. I don't want responses like these, I want help on what are my options.

 

[mrk1n6]

Would it be worth trying to fight in hopes the officer won't show or should I just pay the amount (Reason I make a big deal is the amount is 4 weeks of work for me so it's expensive for me)

 

[HighwayMan]

Would it be worth trying to fight in hopes the officer won't show...

No, that's silly.

 

[mrk1n6]

No, that's silly.

Then what can I do? Anything? Also am I required to fix his windshield or can I just pay the fine?

 

[FlyingRon]

Understand, you ARE guilty. While it's called a "FIX IT" ticket, it's really a ticket for driving an unsafe vehicle. It's just that they allow you the opportunity to show in good faith that you've taken care of the problem and should be given the grace of being let out of the violation. If you can't show the vehicle is fixed (by you or otherwise), you'll have to pay the fine.

 

[mrk1n6]

Help

I have a new problem. This owner is preventing me to make the proper repairs as required by the ticket to fix his windshield. What can I do? Will I be able to explain this to the judge? This owner is doing everything in his power to screw me over and not allow me to fix issue.

 

[CdwJava]

The court has the ability to make this the owner's responsibility. I'm afraid I don't have the specific rule or law in front of me at the moment, but i will check to see i fI can find it and post it back here.

If you go to court, you might try explaining this to the judge or commissioner.

 

[mrk1n6]

The court has the ability to make this the owner's responsibility. I'm afraid I don't have the specific rule or law in front of me at the moment, but i will check to see i fI can find it and post it back here.

If you go to court, you might try explaining this to the judge or commissioner.

Thank you so much!

 

[mrk1n6]

The court has the ability to make this the owner's responsibility. I'm afraid I don't have the specific rule or law in front of me at the moment, but i will check to see i fI can find it and post it back here.

If you go to court, you might try explaining this to the judge or commissioner.

So I did some research and idk if this is the code you were talking about but Vehicle Code section 40001 which talks about making equipment violations the responsibility of the owner.

And a update, the owner is now allowing me to fix his windshield. (I think he found out that I was going to report him to the judge)

Could I still go to the court and request "Owners Responsibility"? Let's say I do? How would I pled against the ticket? Would that mean I am contesting?
I never been to a court of any kind so I really know nothing about it. :/

Thanks a million for giving me actual advice.

 

[CdwJava]

I do not know the actual verbage, but, you should be permitted to at least ASK the court to consider making the matter the owner's responsibility and not yours. The law and the rules of court permit the court to do this but they do not require the court to permit it. Had the officer checked the box that indicated, "Owner Responsibility," that would have been a plus.