Legal Question in Traffic Law in California
I am the registered owner of a vehicle that was issued an automated photo red light violation citation, but I was not driving the vehicle at the time of the citation. Therefore, I filed a TBD, and attached a copy of my CA Drivers License as evidence that I am not the person photographed in the citation. Now, I was mailed an affidavit of non-liability letter that wants me to identify the driver of the vehicle at the time of the citation. Having to do so violates constitutional protections against having to incriminate oneself... the Fifth Amendment. May I assert this in court?
1 Answer from Attorneys
You should never have contacted the court at all, but you are right. You have no obligation to incriminate third parties to the police or courts unless they subpena you as a witness. See highwayrobbery.net
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