Legal Question in Traffic Law in Colorado
I recently moved to Colorado from Florida. Shortly after getting here, my mother told me she received a ticket from a traffic camera in Denver - but the picture is someone else (a friend) driving; I'm not even in the car. I wish to challenge this ticket (the court date is outside of the 90 day 'limit' for me to be served in person).
First off, don't I have to be served in person for the ticket to be legit? Second, I'm clearly not driving - the driver was even the opposite gender and clearly is not me. After pointing this out, would I legally HAVE to offer the name of the actual driver?
1 Answer from Attorneys
It is always up to the state to prove guilt; it is not yours to prove innocence.
No, they don't have to serve you for the citation to be legitimate; they do, however, have to serve you to come after you if you ignore it.
For the most part you don't have to snitch out the driver.
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