Can photo radar traffic tickets be transferred between different owners if it is the driver?

Asked over 4 years ago - Phoenix, AZ

Can photo radar traffic tickets be transferred between different owners if it is the driver? I recently purchased a vehicle from my company that I received two photo radar tickets in while driving. The tickets were returned by the company saying that there were several compnay vehicles and they would be unable to find out who the driver is. I recently received a photo radar ticket to my house with the vehicle registered in my name. Can the two be connected?

Attorney answers (1)

  1. Michael J. Nichols

    Contributor Level 9

    Answered . The ticket for a moving violation is to the driver and not the vehicle. In Michigan, the agency that wrote the ticket would be required to prove who the driver was or, put differently, that the person answering the ticket was the driver. Check your state's vehicle code to determine whether there is a burden put on the owner of the vehicle to prove that he/she does not have to prove identity as an affirmative defense. Such a statute is unconstitutional burden-shifting in my opinion but it certainly would present a hurdle to the vehicle owner in winning ... at least in the short term.

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