Not the Driver in the Photo Ticket?

If you’re the registered owner of a vehicle and are being asked to identify the driver pictured on a red light photo ticket you are faced with several dilemmas.

Scenario One: Know the driver but don’t want to turn them in.

Filling out the affidavit may mean turning in a friend, family member, or even your own spouse. Say the driver was your spouse, but your spouse has more points on their license than you. It may make more sense to leave the ticket in your name. Deciding on whether or not to leave a ticket in your name and choosing not to turn in the driver’s name is up to you and legally you cannot be forced to identify the driver. See California Vehicle Code Section 21455.5(c) stating there is no requirement that the defendant bears any burden of proof in defending herself against a charge for violating California Vehicle Code Sec. 21453(a).

Scenario Two: Not sure who the driver is.

On the other end of the spectrum, you may very well not know who the driver is. Maybe you own a business and the car is used as a company car. Maybe you have a large family and multiple persons had access to the car. Perhaps the valet could have driven your car without you knowing it, or your car mechanic. In this situation, you will not be able to complete an affidavit of nonliability truthfully even if you want to because there’s no way to be exactly sure who was driving your car at that exact moment in time. Many courts will be understanding especially if the picture clearly does not look like you or there is a gender mismatch, but you stand an even better chance if can back up your statement with proof. For example, find someone that is willing to testify as to your witness that the car is driven by multiple drivers and it would be impossible to tell who was driving the car at that exact time.

Scenario Three: I can’t tell if it was me or someone else driving.

The picture may be too blurry for you to be able to identify the driver. In this situation, it would be really difficult for you to complete an affidavit of non-liability because you would be taking a wild guess since you can’t make out the figure that is supposed to be a close-up of the driver. If the picture is too blurry for you to make out the driver, there’s a good chance the judge won’t be able to either and you may be home free. If the picture of the driver is too blurry, the other side won’t be able to prove that it was you driving. See California Penal Code Section 1096 states that, in a criminal proceeding, the burden of proving the defendant's guilt beyond a reasonable doubt is upon the state. - blog Submitted by, helping drivers contest and dismiss their traffic tickets.

Contributed by, helping drivers contest and dismiss their traffic tickets.


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