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Do I need to identify driver of red light camera ticket? |
If I received a red light camera ticket issued to me for failure to stop on a right turn, but the driver in the photo is 'clearly' not me. By California law, do I "legally" have to identify the person driving? And can the courts or police officer have the right to force/threaten me to identify the driver? http://www.highwayrobbery.net I can't speak to the laws of other states...or Canada. But for California, highwayrobbery is correct. Tickets do NOT go to the registered owner of a car, they go only to a driver. If you go to court, the prosecutor must prove you were the driver. You do not have to say anything other than "not guilty." If the photo does not show that you were the driver, then you must be found not guilty. I have several lawyer friends who have been in this situation, and have walked out of court with a "not guilty" and without identifying anybody else. Generally, during a criminal trial, the prosecution must prove beyond a reasonable doubt that the person accused did comitt the act alleged. However, most of the red light camera laws do not lead to a criminal prosecution. They are civil penalties, therefore the standards are different, and they do not have to show that the owner is actually the driver. The owner is responsible for any civil liability resulting from the operation of the vehicle, including under these photo enforcement laws, they are responsible for the civil penalties caused by allowing others to drive their car. Its like McDonald's being sued because one of their employees forgot to put out the wet floor sign and someone falls. McDonald's didn't forget to put out the sign, but they are responsible for the actions of the people they let work in their restaurants. If the picture is clear enough to prove it's you then the burden of proof falls on the state to prove who it is. If the picture is not clear enough to prove it's you then I would fight the ticket based on these facts: Your reference is from a citizen established website that does not necessarily address the specific laws of your city or state. I would never accept advice from such a website. This would pretty much be up to the judge. You would have to prove without a doubt it is not you. And I believe that they would expect you to tell them who it is for sure, but I don't believe you are legally liable since it is a traffic infraction and not a crime. Pay the ticket, they don't care. Fight the ticket, they care. if you dont give up the driver of your car then you will have to pay the fine Unfortunately for you the way the laws state on "red light camera tickets" the person who is the registered owner of the vehichle who tag appears in the photo is the person responsible for the payment of the fine. |
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You can use the USB connection...and download it to window movie maker...or buy a deck with a USB connection...or find a friend, a school, with a Mac and use the firewire convert to a flash drive(... well on my bus, they only check the videos if there are reports of stuff going on in the bus. but if no one told on him then it will be fine. ...Sounds good to me. I don't speed. ...Go your camcorders website and look for the driver. If you have a mini dv (cassette) camcorder鈥? Your dv camcorder needs a firewire connection (ieee 1394) in order to download video, your PC p... Since it's a Digital8 camcorder, why not use firewire - no drivers needed. ...If the camcorder had streaming as a feature, it would be in the manual on how to do that. This camera does not have those instructions in the manual. It does not stream. Most cameras do not. ...You are supposed to slow down approaching traffic light so you can stop safely if required. The amber light gives sufficient time for a vehicle being driven at the correct speed to pull up. T... yes. you are ok, like the other answers thats what the line graduations are for. please don,t believe the other answers about not taking photo,s of you going too fast going towards a speed camera ... |
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