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I got a red light camera ticket in the mail but I wasn't driving, my daughter was, can I get the ticket thrown out?

Puyallup, WA |

If I send in the Declaration of Non-Liability saying that my daughter was driving at the time the infraction occurred, will a ticket be issued to her, or will the whole infraction be thrown out?

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Attorney answers 2

Posted

They will not dismiss the ticket. If you state in the Declaration that your daughter was driving, they will just send the red light camera ticket to your daughter. I am not licensed to practice law in Washington, but in St. Louis, red light camera tickets are essentially just very expensive parking tickets--the ticket is issued against the vehicle, so the registered owner of the vehicle is responsible for paying it. As in your case, if you tell the court who was driving your car at the time the ticket was issued, the court will send the ticket to that person.

Posted

The previous answer may be correct in Missouri. It is NOT correct in Washington State. The red-light camera laws allow you to submit an affidavit that you were not the driver and the ticket against you will be dismissed. There is usually a place on the affidavit to identify the real driver. You are not required by law to do so (and if you do a ticket will be issued for the other party).

Asker

Posted

On the ticket itself (from City of Puyallup) it says that "You must identify the driver if you are to use the option In the Care, Custody or Control of another Person.", so it's saying that you can't just say it wasn't me, you have to name the person it actually was.

Scott Weymouth Lawrence

Scott Weymouth Lawrence

Posted

Washington State laws allow you to submit an affidavit that you were not the driver. BY LAW, you are not required by law to name the other party.

Scott Weymouth Lawrence

Scott Weymouth Lawrence

Posted

RCW 46.63.075(2): The presumption that the driver was the registered owner "may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner." Nowhere in the law does it state that you must identify the driver.

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