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I got a red light camera ticket but I was not driving my car. I want out of it without paying.

Duluth, GA |

I actually have two so I'm thinking Gwinnett County just got a lot of cameras. Anyway, on the back in the methods to appeal it states "Testifies under oath in open court on the assigned court date that he/she was not the operator of the vehicle at the time of the alleged violation." I call to get a court date and I am informed that "I have to" give the name and address of who was driving. The back of the ticket for #1 is that option OR #2 the option I want. I get my court date (Friday the 13th) and I am informed again that I have to tell who the driver is. Do I have any standing to keep my point and not tell who was driving?

These court dates are a 25 mile drive for me - is it worth the $70 saving?

The tickets are Duluth (Peachtree Ind and Pleasant Hill Road) Norcross (Medlockbridge at Peachtree Ind and Peachtree Ind) in the Norcross one he is the middle car in a group behind an 18 wheeler.

Attorney Answers 2


This is a fantastic question, and one that many courts of record in the United States have not yet had occasion to address. In Europe, this question has been addressed in a number of courts and unfortunately, the citizen has not consistently been on the winning side.

I am not an attorney in Georgia and you should contact an attorney there who can best help you understand your rights. You might consider contacting William Head, who you can find on Avvo.

In Washington, several trial courts require you to divulge who the driver is, but Washington law does not require this.

Whether a court can demand the information is an open question in some jurisdictions and might also be in Georgia. As such, you should contact someone familiar with Georgia law.

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Your defense of non involvement will most likely require a personal appearance when the matter goes to hearing. What you decide to do about revealing who was pictured is totally up to you. Imposing such a requirement is likely lawful.


You might find my Legal Guide helpful "How to Choose A Lawyer For You"

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

Online none of your documents can be viewed. Get a lawyer in your locale. Too many variable exist to predict the future. Good luck to you. I am in Chicago. I do not practice in Duluth.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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