CA camera ticket issued, out of state/wasn't driving

[I_Got_Banned]

would you like some cheese...?

lol**************

 

[demurringdude]

If you were to provide valid proof showing that you were not the driver pictured on the citation, I see no reason why you would be found guilty.

Well, that's gracious of you.

In fact, the defendant does not have to provide "valid proof" (whatever that might be) of anything. The prosecutor has that burden. The defendant only has to demonstrate reasonable doubt, which is easy in this case.

 

[goddessoflubboc]

The saying goes that our parents are our teachers.


What has OP's son learned so far?

Insure your car where it is cheaper to do so, regardless of where it really is driven.

You don't have to pay for your mistakes, there is always a way to avoid that.

Unless of course next time the lights been red a little longer and there's oncoming crosstraffic.

Then OP is shocked when kiddo behaves deceptively and hides things from her.

No, not any kind of legal opinion. Just an opinion.

 

[I_Got_Banned]

Well, that's gracious of you.

In fact, the defendant does not have to provide "valid proof" (whatever that might be) of anything. The prosecutor has that burden. The defendant only has to demonstrate reasonable doubt, which is easy in this case.

So are you suggesting that a simple "It is not me in that picture" written in her TBD should suffice?

Whether you like it or not, without the VALID PROOF that I suggested (i.e. a document that will further validate her claim that the picture on the notice of infraction does NOT match that of the registered owner of the vehicle thereby PROVING she was not the driver at the time the camera flashed), the defendant does NOT have the slightest chance of accomplishing her goal at raising the slightest bit of doubt or getting a dismissal for that matter.

Nice try.... Unfortunately your attempt at making yourself sound smart further proves how dense you are... Then again, you have a certain way of doing that in each and every thread that you post in.

 

[demurringdude]

So are you suggesting that a simple "It is not me in that picture" written in her TBD should suffice?

I didn't suggest that, although it's not as obviously inadequate to me as it clearly is to you, given that her driving records will reveal to the court that she is a 52 year old woman and the driver photo before the court will show a 22 year-old male.

Whether you like it or not, without the VALID PROOF that I suggested (i.e. a document that will further validate her claim that the picture on the notice of infraction does NOT match that of the registered owner of the vehicle thereby PROVING she was not the driver at the time the camera flashed), the defendant does NOT have the slightest chance of accomplishing her goal at raising the slightest bit of doubt or getting a dismissal for that matter.

Some bloke on some forum breaking out the block capitals does not change fact that defendants do not have to prove anything. Prosecutors do.

Nice try.... Unfortunately your attempt at making yourself sound smart further proves how dense you are... Then again, you have a certain way of doing that in each and every thread that you post in.

You make that point every time I post, so regardless of it's accuracy, it's becoming redundant. I am willing to stipulate to the fact that you find me annoying, particularly when I am irrefutably correct, as in this case.

On a non-legal note - "emoticons" and "LOL"s are for teenage girls on facespace. Adults use words.

 

[Zigner]

On a non-legal note - "emoticons" and "LOL"s are for teenage girls on facespace. Adults use words.

 

[Pugilist]

Will your judge be honest?

One of the questions itching at you is whether the judge will read the TBD and dismiss when he sees that the wrong person has been cited.

One person here said he has faith that the judge will be honest and rule correctly.

I don't have quite so much faith - I just read the other current thread here on freeadvice, about a red light camera ticket incorrectly issued under subsection (c) instead of (a). The judge on that TBD found the defendant guilty, despite the black-and-white error. Some of these judges have forgotten that they are supposed to rule on the law, not on their personal feelings or the need for the city to get the money from the ticket.

 

[jwr28s]

Glad to see this discussion got heated. I've called the police department. They were pretty frank, refused to dismiss, but also did not coerce me to give up the driver's identity. Seems like they had been through this before.

We shall see if they go digging for details in driver's records or not.

Now to address a few points made by goddess of flubber:

He is 22 years old. I don't know how it works in your family, but the "mommy to son" lessons are pretty much over at this point. Let's be pragmatic.

1. $435. If I can help my son avoid that financial hardship, I will. That's about 2/3 of the monthly rent he pays. I think the initial shock of that price tag was a sufficient lesson.

2. My son is enrolled at school in California. The insurance company was notified that the car was being used by him, at school, in California, two and a half years ago. The question is how they will treat points on his license, or mine, for a California traffic infraction. The premium will likely change when he graduates in May (insert crushing moral dilemma here... not).

Keep your attempted parenting lessons to yourself and your keyboard quiet, unless you have some relevant legal advice to offer.

Thanks to all others for your suggestions so far, and I'll update when the TBD decision arrives.

The saying goes that our parents are our teachers.


What has OP's son learned so far?

Insure your car where it is cheaper to do so, regardless of where it really is driven.

You don't have to pay for your mistakes, there is always a way to avoid that.

Unless of course next time the lights been red a little longer and there's oncoming crosstraffic.

Then OP is shocked when kiddo behaves deceptively and hides things from her.

No, not any kind of legal opinion. Just an opinion.