My roommates got a ticket but the ticket was incurred by the wife rather than the owner. Shouldn't Self incrimination laws protect the wife and get the husband off of the ticket in Washington? The video shows the ticket as valid but this works differently in AZ where we are from.The car is registered to the husband and thusly he received the ticket. But it was his wife driving the car at the time of the violation. The husband didn't commit the violation and should not pay the ticket. At the same time he should have no obligation to provide his wife's name due to marital privilege. Washington is different because they do not allow pictures of the face as they do in Arizona. In Arizona all the husband would have to do is show that he was not the driver based on that photo and due to maritial privilege there would be no ticket. I'm asking how to achieve the same results in Washington law.
Your logic is extremely confusing. By this logic no one could receive tickets. The facts are a little unclear how you explained it, but again, I see no reason why you would believe that the driver (the wife I believe) should be protected from a ticket that she incurred.
Is this a photo ticket? If the answer is yes, it really is a simple matter to find a ticket attorney who can help with this. You never, ever want to lie to a court, but there is absolutely no duty (no matter what the ticket says) to incriminate someone else in response to a photo ticket.
The photo ticket cannot include a picture of the face of the driver in WA. Go figure.
Anyway, it is worth it to hire a ticket attorney to get this dismissed.
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You must be talking about a red light or speeding ticket issued by photo> Marital privilege (incrimination of one's spouse) may allow the wife to decline to identify the driver. The protection against self-incrimination allows anyone to decline to give evidence against themselves (right to remain silent, etc...). However, in Washington it is more more simple than that. If the registered owner was not the driver at the time, that person can submit an affidavit, under penalty of perjury, to the court indicating that she was not driving at the time. Most of the forms the court's use ask for the name of the driver. You are free to give that information if you like, BUT Washington law does not require you to identify the actual driver (perhaps because the Legislature realized did not want to intrude on the area of Marital Privilege and the like?).
Photo issued tickets do not go on your driving record. Thus, they are not a problem with insurance, license, employment, etc . . . This is one of the few situations where it makes no sense to hire an attorney. The cost of a lawyer is at least double the ticket with no real benefit for getting it dismissed.
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