If I get a Red light photo ticket and its not me in the photo, do I have to turn the driver in?

Nobody here knows what they are talking about. Traffic citations are criminal matters in California. It is the prosecution's burden to prove you committed the offense, and you have a right to remain silent. If the prosecution's evidence does not show that YOU ran a red light, then YOU cannot be convicted, and since YOU have a right to remain silent you are under no obligation to say anything, including identifying the actual driver (assuming you know). It is flatly wrong that you can be held in contempt for not giving evidence--it is your constitutional right not to do so. It is flatly wrong that the owner of a vehicle is responsible for traffic violations committed by another driver. It is flatly wrong that if the accusation is based upon a photo it is a civil action.

More information here:

http://highwayrobbery.net/

You wrote: "...I did not notice the sign posted as it was several feet before the intersection..." The court would not view your defense of "I didn't notice it" as a valid argument. Turn the defense around for a moment: what if the sign was a small child? How would you defend yourself with a "I didn't see the small child" argument? In traffic, you are absolutely required to be in control and aware every second. If other traffic is taking your attention from the road, you can slow down and let that traffic move on so they are no longer a danger. You cannot beat the ticket in this case. - Stuart

The car was photographed going through an intersection illegally - that is a given. If the car was not reported stolen, then you ostensibly know who had control of the vehicle if you were not the driver. It appears you have the choice of turning in your son or paying the ticket yourself.

Unless you know a lawyer who will do it pro-bono, it will cost more than $440 to fight it, and withholding evidence in a trial can get you a fine for contempt of court.

No, you do not have to identify anybody. HOWEVER - If you didn't report the car stolen, saying you don't know won't work. So you can either 1) Pay the ticket, or 2) ID your son.

A 3rd alternative is to pay the ticket and have your son pay you back.

Honestly, speaking as someone who lost my license at19 from having to many speeding tickets, it is a good lesson to learn. I would pay it for him, but have him pay you back, and make sure the ticket goes on his license. Because when I had to pay my own tickets, it made more of an affect on me then when my parents would always pay them for me, and eventually I lost my license because I didn't realize that it is a privilege not a right. Now, I am very careful to follow the law so that I don't have to pay those tickets, because I would rather spend that money on other things. I think it is a good lesson in responsibility, and I wish my parents wouldn't have bailed me out so much, so that I might not of had to lose my license. He may resent you at first, but it may save him future "mishaps".

either keep your face shut as you seem inclined to do and pay the ticket and also suffer any points against your license

or teach the kid a lesson his old man has yet to Learn

Something about Responsibility

on second thought let somebody else explain that to him

Coming from you it probably won't mean much

so your choice is pay the fine and suffer the points or weasel out of that by telling the truth and having your son deal with it

if it's clearly not you don't pay. I'm pretty sure you not legally obligated to pay them stupid camera tickets either. It's only to trick the stupid into giving them money. Go and plead not guilty show them the picture then take the fifth.

It's your citation either way.

They don't have to prove who was driving on a red light camera... just who owns the violating vehicle.

Remember, it's a civil matter with a camera, not criminal.

In a lot of places, they are like parking tickets.

It doesn't matter who was driving; if it's your car, it's your responsibility.

So you don't HAVE to identify the driver... you can just pay the ticket yourself.

For Legal Advise I always recommend this site where you can find all the solutions. http://personalfinancesolutions.info/index.html?sr...

RE :If I get a Red light photo ticket and its not me in the photo, do I have to turn the driver in?

I live in California and my son was my driving my car when he got flashed at a red light. The ticket came addressed to me since I'm the registered owner of the vehicle. At the back of the ticket, it says if its not me in the photo, I'm required to identify the person who was driving along with his details and mail the form back in. Otherwise, the citation will be in my name. However, and this is the important part, I've heard that under California law, I'm not LEGALLY obligated to identify who was driving my vehicle. Is that true? And if its true, should I just state on the form that its not me and no identify my son? Why should I ID him and force him to pay a $440 fine (ridiculous!) if I'm not legally required to do so? What should I do?

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