Photo Ticket Help!

[Clint]

Any help or advice greatly appreciated on this!

So my wife go a photo ticket for a red light violation.

The ticket comes addressed to me, with the following:

1) Her car, her license plate , her photo (very clear photo)

2) My name, my driver's license, my address.

So basically it is saying that I committed the violation...I did not.

The car IS registered to both my wife and I, so I am assuming this was a clerical error when processing the ticket.

The $490 question is....Will this get tossed if I fight it?

Do I even need to fight it, or are there other avenues based on the incorrect info?

Please note that I DID spend quite a bit of time looking this up on the web, but so hard to really determine a cut and dry answer...Maybe there isn't one (?)

...Again, any advice, info, first hand experience would be greatly appreciated

 

[bdc30]

Doubt it was a clerical error, as I'm sure it's all done by computer. Your name is probably listed first on the registration thus it was addressed to you.

Highly doubt they throw out the ticket because the pic shows a female in the driver's seat. I'm sure they would have covered that off in the legislation. Car registered to you blew a red. You pay the ticket, then you deal with the person shown in the picture to try and recoup the funds.

 

[mistaforty]

Well there are slight variations by state but generally they (photo enforcement programs) are just cash cows. They cannot give you points or raise your insurance rates. They CAN impede your vehicle registration and license renewal if the fine Is not paid. Typically fighting it does not work due to the nature of the evidence unless you present a valid reason for running the light (emergency vehicle behind you etc). "You" received the ticket since your name is on the registration but "you" won't be directly penalized you're just paying for an offense committed by your vehicle if that makes sense. If by "$490 question"you mean that was the amount of the fine...that's extremely steep for a red light ticket

 

[King Kill 33]

Ya that is steep! We're you in Canada?


KK33

 

[YodisMatt]

Here in FL, after I sold my bike to a guy, I forgot the plate on it, they ran a toll. Then they sold the plate off to a guy in Miami on a totally different bike (mine was a sport bike his was a cruiser) that ran a red light. I couldn't get out of either unless I could provide them with the correct information of who was operating the vehicle at that time. So basically even though it wasn't you it was your wife, they would just then charge her. So either way I don't believe there is any way out of it.

 

[Clint]

Ya that is steep! We're you in Canada?


KK33

I live in California

 

[Clint]

Honestly, I really have no problem with paying tickets...If I am speeding and I get caught, I'll pay the fine. I took a risk I pay the consequences.

In this case, the ticket says that I was the one who ran the red light. This is incorrect...I was at home when my wife did!

Based on the fact that I am being accused of a violation that I did not commit, can it be tossed out?

 

[YodisMatt]

Honestly, I really have no problem with paying tickets...If I am speeding and I get caught, I'll pay the fine. I took a risk I pay the consequences.

In this case, the ticket says that I was the one who ran the red light. This is incorrect...I was at home when my wife did!

Based on the fact that I am being accused of a violation that I did not commit, can it be tossed out?

Like I said above, here in FL only if I could prove who it was that was operating it then they would move the ticket to them. So if they operate near the same way you are just going to put the blame on your wife and still have to pay in the end.

 

[CATom]

Just send them a picture of the money...

In all seriousness I remember there being a court case in California that they can send the tickets but can't actively go after the money. Something about the cameras being unenforceable...

 

[CATom]

Here it is ...http://capoliticalnews.com/2012/12/31/california-court-of-appeal-throws-out-red-light-camera-ticket/

 

[mistaforty]

Honestly, I really have no problem with paying tickets...If I am speeding and I get caught, I'll pay the fine. I took a risk I pay the consequences.

In this case, the ticket says that I was the one who ran the red light. This is incorrect...I was at home when my wife did!

Based on the fact that I am being accused of a violation that I did not commit, can it be tossed out?

If I understand correctly you're asking based on wrong info like in the Olden days when cops actually wrote tickets and if they got it wrong it would be tossed? In this case the answer is no. Your name is on the registration, your vehicle did it not "you" or your wife. That's why you won't be assessed points etc because "you" are not being "accused" of doing anything.

 

[AlohaStyle]

Every state is different. In Washington, if a registered owner gets a ticket in the mail and they weren't driving, it's the owner's responsibility to tell the courts who was driving and did the infraction if they want to get out of the ticket. Then the court will go after the person you ratted out in layman's terms. The registered owner has to sign the ticket/document saying who was driving the car at the time.

 

[mistaforty]

From a quick search tho in cali it looks like u actually can fight it if it clearly shows you were not driving. You're then supposed to tell who WAS driving but of course it's all pretty ambiguous from there ...

 

[Crypto Sailor]

It's a civil offense not a criminal so they'll just send you letters in the mail if you don't pay them. IMO if you want to catch me put a cop on the street now a cash cow camera. And FYI never saw an unpaid one show up on a credit report either. And that's in Ohio & Virginia.

 

[mistaforty]

It's a civil offense not a criminal so they'll just send you letters in the mail if you don't pay them. IMO if you want to catch me put a cop on the street now a cash cow camera. And FYI never saw an unpaid one show up on a credit report either. And that's in Ohio & Virginia.

Happened to me in dc (collections and reported) and md and forced to pay at registration renewal

 

[ATL]

In Tennessee the cameras are on the loosing end. The state has limited the amount of each fine to $50.

 

[SmokeAndMirrors]

When I was living in Cali I ran a red light and got caught by the cam. I got out of it though by basically saying that the camera is bullshit. Which they are. At that time, if you even crossed the white line the camera would go off...running the light or not. So they threw it out almost no questions asked. And $490 is outrageous.

 

[Clint]

From a quick search tho in cali it looks like u actually can fight it if it clearly shows you were not driving. You're then supposed to tell who WAS driving but of course it's all pretty ambiguous from there ...

This is what I am thinking...

Basically it IS a ticket, and the ticket DOES say that I am the one who committed the violation. Since I did not commit the violation, that means the ticket is erroneous, and therefore invalid.

 

[Stillinger]

Yeah, Maryland will get their cash somehow. Depends on your state. I would just say the wife has to let you buy some more cigars.

 

[GoingPostal]

This is what I am thinking...

Basically it IS a ticket, and the ticket DOES say that I am the one who committed the violation. Since I did not commit the violation, that means the ticket is erroneous, and therefore invalid.

You are correct the ticket against you will be tossed, new one will be issued to your wife then she will have to be the one to fight/pay the ticket. CA is strapped for cash so they are going to get their money one way or another. The $1,000,000 question did your wife run the red or was she trying to beat the yellow?