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I received a "Right on Red violation" pretty much i didnt make a complete stop made a right at a red light and got a ticket in

Fresno, CA |

the mail and im in the Bay area of california. The ticket is about 500$, should i fight it even though its on camera? Can i ask the judge to convert fines to community service? What happens if i dont pay? Will a warrant be issued? Will the courts look through my bank account to see if I am able to pay if i say i dont have 500$?

I also dont have a drivers license, will that come up during the court date or would they have a hard time proving I was the actual one driving the car at the time the snapshot was taken while i got the violation?

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Attorney answers 4

Posted

Should i fight it even though its on camera? >>> Completely up to you.

Can i ask the judge to convert fines to community service? >>> On most citations, you can opt for this with an enrollment fee.

What happens if i dont pay? >>> You will accrue more fines and penalties, including Failures To Appear which are misdemeanors.

Will a warrant be issued? >>> Yes.

Will the courts look through my bank account to see if I am able to pay if i say i dont have 500$? >>> No.

I don't have a drivers license, will that come up? >>> Possibly.

Will they have a hard time proving I was the actual one driving? >>> Depends on what you look like now versus what you looked like in the picture. For example, did you then have a beard and now you don't? Or bald vs. long hair? Blonde vs. brunette? etc. etc. While mistaken identity is a good defense, it's typically only effective when it's true.

Good luck!

This is NOT legal advice. No attorney-client relationship exists.

Antoinette Marie Martinez

Antoinette Marie Martinez

Posted

You should always fight your traffic ticket or have a traffic ticket attorney fight for you. If you do nothing, you are guaranteed a conviction with points against your driver license. If you follow the procedure for obtaining a court trial (in person and NOT a Trial By Written Declaration) the officer may not appear and your case may be dismissed. Sometimes, even when the officer appears, the officer requests a dismissal for different reasons. Some counties have also found that despite the existence of the red light camera, there is a procedural violation of your rights so the court may dismiss for lack of public notice. My most memorable red light violation case involved the defendant not being present so the court dismissed the case for lack of identification stating that although the officer had a DMV packet with the driver's photo, the officer had to ID the driver in court as the same person in the photo. Remember, you always have more to gain by trying than doing nothing. And, if you are a commercial driver, you should definitely ask the court to consider a clean driver record in allowing you to plea no contest to a ZERO DMV point violation. You might qualify for traffic school, yet beware that the points may still affect your employer's business if you are a commercial driver working for a company.

Posted

Photo tickets get sent to the registered owner. If you were not driving get an attorney and fight ticket.

Posted

You have a lot of issues going on at once. Your best bet is to consult with a ticket lawyer for assistance.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con

Posted

You should always fight your traffic ticket or have a traffic ticket attorney fight for you. If you do nothing, you are guaranteed a conviction with points against your driver license. If you follow the procedure for obtaining a court trial (in person and NOT a Trial By Written Declaration) the officer may not appear and your case may be dismissed. Sometimes, even when the officer appears, the officer requests a dismissal for different reasons. Some counties have also found that despite the existence of the red light camera, there is a procedural violation of your rights so the court may dismiss for lack of public notice. My most memorable red light violation case involved the defendant not being present so the court dismissed the case for lack of identification stating that although the officer had a DMV packet with the driver's photo, the officer had to ID the driver in court as the same person in the photo. Remember, you always have more to gain by trying than doing nothing. And, if you are a commercial driver, you should definitely ask the court to consider a clean driver record in allowing you to plea no contest to a ZERO DMV point violation. You might qualify for traffic school, yet beware that the points may still affect your employer's business if you are a commercial driver working for a company.

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