Red Light Camera Ticket in California

[speedyhen]

What is the name of your state? california

driving home one night, i saw the flashing horror known as a red-light camera ... a few days later, i recieved the ticket in the mail under my fathers name... here is the info...
a)ticket written under registered owners name which is my father
b) my father was not in town that weekend
c) i was the driver of the vehicle
d) the infraction is VC 21453A ---> Fail to Stop Red Signal

how can i/my father fight this ticket so neither one of us has to pay this ticket and it doesnt go on anyones record.. email me with ur insight please @ speedyhen@aol.com

 

[HomeGuru]

What is the name of your state? california

driving home one night, i saw the flashing horror known as a red-light camera ... a few days later, i recieved the ticket in the mail under my fathers name... here is the info...
a)ticket written under registered owners name which is my father
b) my father was not in town that weekend
c) i was the driver of the vehicle

how can i/my father fight this ticket so neither one of us has to pay this ticket and it doesnt go on anyones record.. email me with ur insight please @ speedyhen@aol.com

**A: you have not stated the moving violation infraction. Was it going through a red light, speeding etc.?

 

[Theodore Bundy]

Re: Re: Red Light Camera Ticket in California

**A: you have not stated the moving violation infraction. Was it going through a red light, speeding etc.?

Hey genius, the title of the thread is "Red Light Camera Ticket in California". Just guessing, I'd say it's a ticket for running a red light.

 

[Theodore Bundy]

Do thet include a copy of the photo with your picture? Legally. your father is the one charged with the violation. He'll have to go to court to fight the charge. I don't think there's anything you can do about it since you were not charged. Those camera tickets are the biggest racket I've ever seen. There was one town where they not only installed red light cameras but they also shortened the length of time for the yellow light. But of course, it's all in the interest on public safety

 

[racer72]

Your father has one of two options.

1. Pay the ticket. He will also take the hit for the mark on his driving record and possible increase in insurance premiums.

2. Notify the court that he was not operating the vehicle at the time of the citation. He will be required to supply the name and address of the person driving the vehicle at that time. That person (you) will then receive a citation in your name.

If your father chooses option 1, case is closed. If he chooses #2, you will then have 2 options.

1. Pay the ticket. You will also take the hit for the mark on your driving record and possible increase in insurance premiums.

2. Hire a lawyer and contest the ticket.

FYI, in many states (mine included), tickets issued in this manner are not considered moving violations because a live officer was not present to witness the infraction. It is considered a non moving violation (same as a parking ticket) and may not affect your driving record or insurance premiums.

 

[JETX]

You might find some interesting material on this 'camera ticket' issue in California at the following:
http://highwayrobbery.net/index.htm
http://www.highwayrobbery.net/redlightcamsticket.htm
http://freedom.house.gov/auto/news/testimony.asp

 

[gotocourt]

Cal. Photo enforcement

Slow down! In fact, STOP! Examine the facts and the law. A citation was issued to your father (as the registered owner of the vehicle) for failing to stop at a red light. He was not driving the car. Obviously not guilty. However, he needs to go to court (which may require some his time).

Assuming that the photo clearly depicts the driver of the vehicle, his innocence should be clear. However, if he chooses to waive his 5th Amendment rights (e.g. testifies), he can be asked if he knows who the name of the driver appearing in the photo. Nothing would prohibit a subsequent citation being issued to you.

Alternatively, your father could elect to have an attorney appear (pursuant to Penal Codes section 977). The prosecution's witness will not be able to tie the photo to the named defendant and the court should find the defendant not guilty. (Solme court do allow for the entry of a driver's license photo of the named defendant to be compared to the photo enforcement photo.

If possible, try to obtain a copy of the evidence before going to court. It may help you finalize your strategy.

 

[justin2003]

This is an easy one. Just have your father go to court and plead not guilty. Obviously he was not driving.

Don't tell them it was you. Then they will amend the driver to you.

 

[rsalazar98]

Red light camera ticket

The same thing happened to me. I am the registered owner of the car and supposedly I went through this red light. The ticket is issued to my father.

The officer told my father you are defintely not the one in the photo. Sign the avidavit and provide name and address of driver.

Signing this and providing the name of the driver will only make them reissue the ticket to you.

He maybe able to sign ticket and not put the name of the driver and they may call him to court.
He can say its not him. The judge will see this and the ticket will be reissued to you.

He is not required to say who the driver is.
fifth ammendment

Mistaken identity

Ruben

 

[JETX]

Ruben, there are several problems with your post... the least of which is that your post is on a thread that is almost a YEAR old!!!

Another is your claim that 'telling' who the violating driver was is unconstitutional (5th Amendment) is also not correct, as follows:
1) The Fifth Amendment applies to SELF incrimination, not telling of another.
2) By registering the vehicle, the owner agrees to several things, one of which is to be responsible for the use of the vehicle. The citing agency is simply telling the owner that he is responsible for the citation, whether he was driving or not. And that the only way he can deny responsibility is by 'pointing out' the person who was driving. Very similar to a vehicle being used in a crime.... then asking the owner to advise WHO had 'access' to the vehicle at the time of the crime.

 

[rsalazar98]

Red camera light violation - Los Angeles

Sorry I meant to say that

My father does not have to say who the driver is.
The car is my car registered to me Junior.
The violation is in his name senior. Junior was driving, senior was not the driver.

Yes I meant to say fifth ammendment in that he(father) is not required to say who it is.
The violation will dismissed to his name and may reissue the citation to me (junior) the registered owner and driver.