A red light infraction caught by a camera. The registered owner was out of country. Should he enclose the proof?

Asked about 2 years ago - Federal Way, WA

I was driving a car which was registered by my husband. He was overseas at that time. Should he enclose the proof of his trip along with the affidavit? If so, can he skip mentioning I was the driver? Someone else was commenting that the law does not require to show who the driver was. If he writes my name and address, will the ticket be sent to me later and am I obligated to pay the fine by law?

Attorney answers (3)

  1. Jon Michael Zimmerman

    Contributor Level 14

    2

    Lawyers agree

    Answered . Your husband doesn't have to send proof, he has no obligation to ID the driver (no matter what the form says), and he should not write anyone's name and address down. He also has no personal knowledge that you drove the car, beyond your admission. He didn't see you do it.

    This ticket should be dismissed with your husband's signed declaration of responsibility sent to the court.

    This answer is given merely for informational purposes and does not create an attorney-client relationship. For... more
  2. Andrew C Huff

    Contributor Level 12

    Answered . Although a bit of a sneaky trick, your husband is under no obligation to turn you in to the court. He has no personal knowledge of you driving. He needs to sign the affidavit and mail it into the court. The matter should be dismissed at that point.

  3. William Allen White

    Contributor Level 7

    Answered . Your husband does not have to send proof, he has no obligation to ID the driver and he should not write anyone's name and address down.

    This ticket SHOULD BE dismissed with your husband's signed declaration saying he was out of the country and couldn't have been driving the car and have it sent to the court.

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