Me and my wife were out late (she was driving) I was asleep in the passenger seat. Well we came upon an intersection in the right lane and the light was yellow, about to turn red, my wife slowed down to a slow roll and made the turn as it turned red, the damn thing took a picture and i got a ticket in the mail. The car is registered in my name. And in the picture you can see its a woman but it doesnt look like my wife.
So heres my theory. Im going to call the police department, to have the ticket dismissed. Why on the bassis that the person in the picture isnt me. They cant give a ticket or make me pay for it if i wasnt driving. It says on the ticket if it was not you please state the name and DL of the person who was. I researched and nowhere in the california vehicle code does it say that i forcefully have to give them that info, (what if i dont know the person driving) .
What im going to say is that I went to a party, got piss ass drunk, let a friend of a friend of a friend drive me home, and they ran the red light. I am actually going to go to trial with this.
My question is do you think it will work? Its not me in the picture, the person doesnt look like my wife, and i am just going to stick to the story that i dont know who the fuck the person was.
My wifes drivers license has a different address, so they cant track her with my address.
it will work, simply saying it wasn't you and forcing the govt to prove it was you will work. just don't talk if you want. your way will work. but it opens up a possibly of you incriminating yourself.
If you say, that is not me, when they ask you who it is. do not reply. It will get dismissed.
if you get a really corrupt judge he might still find you guilty, but its like 30 bucks to appeal and it'll get thrown out on appeal.
there are several other defenses to these photo tickets, most are constitutional arguments, the judges and pigs simply laugh and ignore them... because they are corrupt criminals.
you have the federal, and state constitutional rights to confront your accuser, that photo machine can't testify in court, and any evidence obtained from it is hearsay. of course there is this little thing called judicial notice where the state legislature makes a phony decree saying things like photo radar, photo red lights, laser, etc... is all completely reliable and admissible into court no questions asked.
good for you for fighting this ticket, plead not guilty to all tickets, it costs the court more to have the kangaroo trail than you will pay in a ticket.
traffic judges and the cops that write tickets are criminals. they wear suits, ties, and robes... but they are criminals.