Two weeks after letting someone borrow my car, I got a speeding ticket in a camera school zone. I sent the court an affidavit saying I was not driving, and signed it. They sent me an Infraction Hearing notice. I don't have proof I was not driving. If I fill out the 'Request for decision on written statement-contest hearing' form, I cannot appeal any decision. Is it best to face the judge and ask for a motion to dismiss charges based on the affidavit I signed and due to the fact I was not the one driving? Should I subpoena the officer? I was planning on showing up at the hearing to contest, but will have young children with me. Are they obligated to complete the hearing in a reasonable amount of time? Can they charge me without proof and then make me appeal it to a higher court?
Tickets issued by automatic safety cameras are quite a bit different than your normal speeding ticket.
The camera is only allowed to take pictures of the vehicle. It cannot be used to identify the driver. Because of this, the ticket is attached to the vehicle, not the driver. The registered owner is presumed to have been the driver. The law very specifically allows a person to The law very specifically allows a person to submit an affidavit of non-responsibility as an absolute defense. The law also does not require you to identify who is the driver actually was. an affidavit of non-responsibility as an absolute defense. The law also does not require you to identify who is the driver actually was.
Most courts will accept the affidavit by mail and dismiss the ticket. A few courts actually require you to show up in person and submit the affidavit in person. If you were not driving, a declaration supporting this should be the end of it. No need to subpoena the officer or provide any other proof.
NOT LEGAL ADVICE: All answers are intended to provide information about the law only. Nothing in this answer is intended to be, nor is it, legal advice. NO ATTORNEY-CLIENT RELATIONSHIP: This answer does NOT create an attorney-client relationship. If you want specific legal advice about your situation you must contact your attorney or hire an attorney to represent you.
Some courts will want you to show up. Your declaration and/or testimony is all that you will need. They may press you for the information on who the driver was in order to cite the driver (in some places). The hearing (your actual time in front of the judge) should not take more than 5-15 minutes, but they are typically done on a calendar with multiple cases aside from yours, so the calendar could take quite a bit longer.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline