Legal Question in Traffic Law in California
What can I tell the judge when the citation issued by a redlight camera is not of me driving the vehicle. I am the registered owner but donot wish to ID the driver. Thank you.
2 Answers from Attorneys
You get an attorney to represent you. The attorney can make all appearances for you.
Andrew Roberts
(818) 597-0633
Andrew's suggestion is a good one, but I'm not sure it's the only solution. I'm assuming here that there is absolutely no chance that anyone could look at the picture of the driver and look at you and think that you are the driver based on the picture. If this is true, I suggest that you ask the clerk to have your case set for trial. On the day of trial, when the Judge calls your case, point out that it is not you driving the car. The judge should agree. S/he will probably ask you who the driver is. You look right at the judge and say, "I do not wish to identify the driver, your Honor." The judge should then say, "I find you not guilty. Case dismissed." YOU HAVE NO OBLIGATION TO DISCLOSE THE IDENTITY OF THE DRIVER. On the other hand, the judge must believe beyond a reasonable doubt that you are the driver in order to find you guilty of the offense. If it is clearly not you in the picture, the judge will not have proof beyond a reasonable doubt that you are the driver, and will have no choice but to find you not guilty. If you'd like to discuss this with me further, don't hesitate to call me. Good luck. Steve Mandell 310 393 0639
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