Q: I received a ticket in the mail after my car was caught on camera running a red light. My roommate was driving my car that day, not me. What are my options for fighting the ticket? Do I have to identify my friend as the driver, or can I fight the ticket simply by saying I didn’t have the car at the time of the offense?
A: There are a lot of misconceptions about red-light camera cases, perhaps more than in any other area of traffic law. Some counties are dismantling their systems and dismissing tickets; other counties are installing new systems at this very moment.
About half of U.S. states have laws that allow red-light traffic cameras. You should read up on your own state’s traffic laws, as state-by-state differences in the law can significantly impact how a case can be fought and won. Depending on the state, you may have two options:
1. Clear yourself by naming the correct driver
If another driver had possession of your car during the infraction, you can identify that driver and absolve yourself of responsibility. Some people incorrectly think there is a loophole that clears them of the infraction as long as someone else was driving, but it isn’t that simple. Usually, once you identify the other driver, the court sends a notice to that person, citing them for the offense.
2. Fight the ticket without naming the true culprit
In some states, such as California and Washington, you can fight your case without identifying the other driver. However, in California, you may have to be present in court to fight the case based on identity.
Related: What should I wear to court?
While it’s true that you have the right to avoid self-incrimination, that right would not apply to naming another driver of your vehicle. Be aware that this may come up if you choose to fight the ticket.
It’s best to seek advice from a local traffic ticket attorney who is familiar with your state’s laws. A lawyer can provide the best chance of having your red light ticket reduced, dismissed or, in states with point systems, amended to a non-point violation.
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4 comments
Don
I received one of these tickets are few months ago in WA state. The state makes a prima facie presumption that the operator is the registered owner. In my case I was not the operator at the time of the infraction and swore a statement claiming that. As far as naming the operator I could not as I was not in the vehicle at the time. My statement would've been a best guess and lets hope the courts are not interested in guesses. If it were my wife driving I would've exercised my right of silence. Courts can't make you testify against your spouse or immediate family because it places your life, liberty, or property in jeopardy. The infraction was dismissed... These cameras in my opinion are nothing but an attempt to steal your property and or freedom. The state is only hoping that you don't know your rights and pay the fine.
H
A red light camera ticket was mailed to me because I am the registered owner of the vehicle in question. If I contest the citation through a Trial By Written Declaration in which I state that I am not the person in the picture (and provide a copy of my driver's license so they can see I am at least 30 years older than the person in the photo and a receipt from a purchase I made at a store that day more than 300 miles away from the alleged violation), and I lose, have I waived my right against self-incrimination for the subsequent trial?
Matthew Cooke
It sounds like you have several legal questions that would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice. I hope this is helpful!
Robby Robinson
Send the court a picture of a check written out for the amount of the infraction...............