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Adult daughter driving a vehicle I still owned, I got the red light ticket

Orlando, FL |
Filed under: Red light cameras

My daughter was in the process of purchasing the car from me, so it was still tagged in my name. I have moved from the address where the car was registered and never received a citation. The person who lives at the former address received a letter from an attorney's office and forwarded it to me, which is how I learned about it. What recourse do I have if it wasn't me?

Attorney Answers 4

Posted

You personally were not the person driving the car, and so you are not guilty. Does the citation show a photograph, or do you think they have one? Were details provided as to how to appear to dispute the ticket? Do you happen to have an alibi, in that you were seen someone else?

So, you can pay it, and ask your daughter for the money, if that is practical, Or, pay it, and send the receipt to your daughter as your holiday gift. You can spend the time needed to appear and dispute it, and so learn a bit about bureaucracy. I assume this attorney gets a fee, and is probably NOT interested in spending a few hours at the courthouse.

I fought a parking ticket from Philly. Valet parked the car, threw away the ticket. Took me about 6-8 years, but it was worth it. It may be that the restaurant tired of me writing to them and finally paid the ticket.

Pretty much your call on this.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

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Posted

That is bad news isn't. You were not driving and therefore you are not guilty. You can contest it like the previous answer or just pay the ticket and if eligible do a school to hold off any points. It is up to you. However it obviously does ot sound fair that you were ticketed.

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2 comments

Corey Ira Cohen

Corey Ira Cohen

Posted

There is an affidavit you and your daughter can fill out that would transfer responsibility to her for the ticket. Otherwise don't pay it and fight it in court. If you do pay it now there will not be any points accessed.

David P. Gilbert

David P. Gilbert

Posted

Some courts will not let you assert any defenses at your hearing because the red light camera statute only allows 30 days to raise a valid defense in the form of an affidavit.

Posted

If this is a red light camera citation, you only have 30 days from the date of notification to file an affidavit of defense (that you were not the operator of the vehicle at the time of the violation). However, the Court may grant you an extension to file this affidavit considering the fact that you did not receive notice of the violation in a timely manner due to the address discrepancy. Once the affidavit is filed, you will no longer be responsible for the violation and your daughter will likely be issued a citation for the offense. If you need assistance with the affidavit or do not have time to take this to court, I would strongly suggest that you hire a local traffic ticket attorney to resolve this for you.

Avvo.com answers provided solely for informational purposes. Answers are not legal advice and should not be relied upon as such. If you are seeking legal advice, contact a competent attorney in your local jurisdiction. Learn more about my practice at www.drivenlegal.com.

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1 lawyer agrees

Posted

Get an attorney and prove that you were not the one driving. Actually, the flyer, bill, notice that you received in the mail should say something about contesting that you were not the driver. I'm pretty sure it was red light camera.

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