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Get a red light ticket dismissed without identifying the driver.

Millbrae, CA |

I received a red light camera ticket in Millbrae. I was not driving at the time of the violation and the photo shows a driver of the opposite gender who I am not married to. I was told by the company that handles the cameras that I can leave the driver identification section blank or crossed out, and send it in with a copy of my driver's licence and the ticket should be dismissed. I am concerned about waiving my right not to testify and being forced to identify the driver. I understand that they could subpoena me and require me to testify that way, but my understanding is that they are very unlikely to do so.

My options seem to be:

1) Send in the affidavit of non-liability with the driver identification section left blank.

2) Plea "Not Guilty" via trial by deceleration.

3) Show up for arraignment in person and request the ticket be dismissed.

4) Have an attorney represent me, making my arguments for me. Not having to go to court to deal with this is worth about $250 for me.

What is my best option? It seems very unlikely I would be convicted at a fair trial, so at this time my primary concern is to avoid identifying the driver and minimize the time I need to spend dealing with the ticket.

Attorney Answers 7

  1. It seems since you don't want to waste your time dealing with the ticket and don't mind paying then getting an attorney to handle it for you is the best way to insure it is handled correctly. the other 3 options will save you money but may take more of your time and could require additional court appearances to be sure it is dismissed.

  2. I would opt for number 3 although many attorneys would want to do number 2 first. Oh and they can't force you to identify the driver. The only question to be answered is was it you.

  3. Always best to be represented. You might be able to find a high-volume traffic attorney who will take the case for the $250 you mention. Best to get an attorney and make sure it's handled properly.

    San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy

  4. The Best thing to do if the driver in the photo is not you is just represent your self. I say this because it can take you about 1-2 hours but save you $300-700 from hiring counsel. Yes i'm saying you don't need an attorney for this ticket if it wasn't you. They will only ask if it was you in the photo, you can not be forced to say who the person actually is.
    Don't get me wrong our office and many others would love to have your business and represent you. but if you have the time to go then do so, as this is a quick fix.

  5. Option #3 should work, as many judges will dismiss at arraignment when it's clearly not you. If the hassle of court is too much, then yes - a traffic ticket attorney can and will handle this. It's their bread & butter.

    The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

  6. This is a defensible case. Get a local lawyer and fight it.

  7. You have no obligation to identify the driver. If you have the time go ahead and appear on your own behalf, (I am not going to direct you to a lawyer when I believe you do not need one). It may be an entertaining experience. Otherwise you can send in the affidavit leaving the identification section blank. I would cross it out to make it clear that it was not a mistake.

    If you do appear, do not lie and say that you do not know who the driver is, simply say that you choose not to identify the driver.

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