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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

this website says that you are legally not obligated to identify the driver. I just want to check if it is true.

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:

1. Picture cannot prove it's you driving.
2. Proceeding through a red light without stopping has ALWAYS been a MOVING VIOLATION.

I know that recently many cities have added these red light cameras, and passed new legislation, but look at the reality of the situation. They want to fine the owner of a vehicle for something the driver does. If I let my son borrow my car, and he was caught on radar speeding, do you think the cop would make the ticket out to me as the registered owner? Of course not. This doesn't make any sense. Just another way for the government to take more money from us. It's BS. You probably won't win your case, but start the fight for the rest of us. We need to get these kinds of laws abolished. Good Luck.

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.
You do need to prove that the person driving the car is not you. However, the ticket will remain attached to your vehicle and will pop up again at registration time.
Since someone didn't care enough to run a red light in your car, why not let them pay their own ticket.

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.
Even if you ID the person, it is still the registered owner of the vehichle in question to settle the fine levied.

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