How do I defend a photo ticket of a car that is registered to me going through a red light in Daly City without my telling the police or the judge who the driver is? I am the same race and gender as the driver in the photo but I am about 20 years older and was hundreds of miles away at the time the ticket was issued. Thank you.
The prosecution must prove you were the driver. It is not your job to identify the other driver.
Go to trial with proof you were somewhere else. You might want to hire a lawyer for this one.
Look at this website for good information on red light tickets.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney.
The state must prove that YOU committed the crime. The evidence is in the photo that you did not. Go to trial and prove that the picture depicts someone else. Or better yet hire an attorney to do it for you.
Contact a lawyer in your area that handles Traffic Tickets as each jurisdiction is different. In NY, Red Light Cameras go to the vehicle and not the driver. In other words, the owner is responsible and it doesn't matter who the driver is. In other jurisdictions, only the driver is responsible and not necessarily the owner. If this is the case, there are defenses to the ticket such as proving that you were not the driver. So, the first thing you have to do is determine how your jurisdiction assigns responsibility for the ticket. Again, contact a lawyer in your area who handles this sort of thing and they will be in the best position to advise you what to do.
Mr. Tormey is a former prosecutor in the Manhattan D.A.'s office and a Bureau Chief of the Special Investigations Bureau of the Special Narcotics Prosecutor's Office. He has been handling all types of criminal cases and personal injury cases for over 26 years. Any answers to questions are for general informational purposes only and do not establish an attorney-client relationship,
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