Legal Question in Traffic Law in California
My brother recived a traffic ticket in my name-talking on a cell phone while driving and no proof of drivers license. I now have a hold on my license. Is there any way i can clear this up without getting my brother in trouble?
1 Answer from Attorneys
The easiest way is to pay the ticket! You could go to court and argue that you were not the driver and not in the car,but if you look like your brother the police officer will say you do look like the person he gave the ticket to and you will need to bring in witnesses who can place you in a different location at the time of the ticket. Technically you can testify that you do not know who was driving the car since you were not there and you might be able to take fifth amendment right not to answer a question since you could be charged with some criminal act for your cover up. If the traffc commissioner gets mad at you, they can find that your witnesses are not credible and find you guilty and in contempt of court; you then have to pay another fine together with the maximum fines that can be imposed and probably one point on your car insurance[another point within three years and your rates go up].
Do you want to go to all that trouble and expense for your brother who was clearly violating the law?
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