In the state of California can the owner of a car be forced to pay a red light camera ticket if they were not driving the car?

Asked over 1 year ago - Santa Ana, CA

My mother received a red light camera ticket telling her to go to court, pay, or turn in the person driving the vehicle if it wasn't her. The car is registered in both my mother and fathers name but they only sent it to my mother.I'm their daughter I drive their car to go to school 3 days a week I was late one day and at a red light I didn't stop all the way before making a right turn. I'd like to know if they can make her pay if it's not her and if they can force her to say who was driving the vehicle at the moment. It is to my knowledge that it is the accusers responsibility to prove facts for what they are accusing. And a person can plead to exercise the 5th amendment.

Attorney answers (3)

  1. Stephen Troy Allen

    Contributor Level 15

    Answered . They can't force her to "snitch". She should set it for trial and they will not be able to identify her. They will want her to give up the individual who ran the light, but she should not do it! Ultimately, the case will be dismissed if it is not her.. It will take a little of her time, so don't do it again =) Good luck! She can avoid going to court by hiring an attorney.

  2. Linda A Iannelli

    Pro

    Contributor Level 11

    Answered . Exercise your 5th amenment right not to rat out whomever the driver was. Your mother should consider hiring a lawyer such as our firm which respresnts individual such as her in this type of situation. Santa Ana Photo Citations are vigerously prosecuted so she definately needs someone on her side.

    Feel free to contact us for a consultation. Iannelli & Associates, 949 729-3171 This answer does not... more
  3. Michael J Silveira

    Pro

    Contributor Level 13

    Answered . Yes, your Mother can and should remain silent and not incriminate anyone. I would recommend an hiring an attorney who can likely have this case dismissed.

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