Originally posted by: TheAdvocate
Originally posted by: EagleKeeper
Originally posted by: JC86
Here's some real advice: DO NOT LET YOUR WIFE ADMIT THAT SHE WAS THE DRIVER. Once she does, she's cooked and the court has all the other evidence it needs to nail your wife.
Here in California, once you get the ticket, you can request a written not guilty plea. Choose that option. Have your wife write a letter to the court not denying but not admitting that she was the driver. She's basically pleading the fifth. Say a lot of people drive the car, your sister, in laws, whatever and that your wife cannot recall whether she was the driver of the vehicle at the time. CLAIM THAT THE SINCE NO PEACE OFFICER PULLED HER OVER AND IDENTIFIED HER AS THE DRIVER OF THE VEHICLE AT THE TIME, THE COURT MUST DISMISS THIS CASE BECAUSE A BLURRY PICTURE OR THE FACT THAT YOU'RE THE REGISTERED OWNER OF THE VEHICLE ARE NOT ENOUGH EVIDENCE TO IDENTIFY YOUR WIFE AS THE DRIVER. You'll have to first post bail but once the court dismisses the case, the record will be wiped and bail refunded.
This applies to any camera ticket because the only evidence linking you to the driver is the vehicle registration and some blurry photos. That is not enough evidence to hold up in court and the court will have no option but to dismiss your case. I was able to get out of a red light ticket by using this method.
As the registered owner, you are still responsible for the operation of the vehicle.
The state (if they want to) can find a way to either nail you or revoke the vehicle registration.
If you let another driver operate the vehicle, they are responsible for the direct operation; however, you made the decision to allow them - therefore you are also considered to be liable for anything that happens when they are in control of the vehicle.
If they cause an accident, your insurance company does not forgive you because you are not the one behind the wheel.
Wrong. This is a real pet peeve of mine. The state (city, county or municipality) has the burden to prove that you were the operator of the vehicle. In NC, they decided they didn't need to, for the same bullshit reason you just said. It was on its way to being challenged in state supreme court when the stoplight cameras were tossed out for financial reasons (someone else in the thread talked about it).
In AZ, they had to change the cameras to take photos of the drivers too, after losing for failure to meet the state's burden. They got Charles Barkley that way, back when he played for the suns.
The cameras that just photograph your plate and or vehicle are not sufficent evidence. If every person who gets ticketed fights the tickets in state courts (and not in whatever b.s. appeals system they establish), then the entire system will be tossed.
It's not about anarchy, it's about holding government to the proper standard.