SUMMARY:
My dad took my car, i let him drive my car from time to time, and he was a bit irresponsbile and ran a red light. I know i can get out of the ticket if i claim my dad as driving the vehicle, but you don't want to rat your family out, ya know? I'm sure you guys understand..

Anywho, I've done some homework, but i want to know what everybody else thinks. I know my pops is guilty of driving through the red light in Garden Grove, but however, i found a loophole (possibly) that might work.

It's the "NOT ME" defense..

http://www.highwayrobbery.net/redlig...cket.htm#NotMe

There is even a video on a officer stating you do not have to prove who was driving the vehicle..

VIDEO TO THE OFFICER

The only downside to this officer's statement is the fact that it's almost 2 years old. -.-

So should i use this defense and NOT CLAIM my dad, stating there is no law that says i have to tell the court who it is? Or??? Cause if i do a trial by written declaration and explain to the judge with evidence that the photo taken of my DAD is not me, i might have a fighting chance..?


Also stated on the website..
[QUOTE]TBD Situation # 3 - "It's Not Me!" / Wrong Defendant


If the ticket is in your name but it's not you in the photo AND the photo is sufficiently clear that a comparison between it and your driver's license photo would raise a strong doubt that it was you driving the car, or if it is inconvenient for you to come to court in person, you may want to do a Trial by Declaration on the question of the identity of the driver.

 

sure you dont have to rat on your dad nor do you HAVE TO tell the court who it is.... they'll be perfectly fine and happy issuing the ticket to your name since your the uncooperative registered owner of the car

 

What's wrong with your Dad stepping up and volunteering to take care of the ticket, since he was at fault? You shouldn't even have to worry about this.

Were you planning to not tell him about it? You should at least give him the opportunity to take responsibility for it.

 

nah, sorry.. they can't do that. that won't hold up.

Here's why.. and this is quoted from a judge on the highwayrobbery.net


[QUOTE]"There is one defense that I call the always-win-never-lose defense, pretty much an absolute defense in these tickets, and that defense is if you're not the driver of the vehicle.

 

if he gets one more ticket, he's kicked our insurance policy..

and trust me, i did everything to tell him that it's his responsibility.. my family is unique, if somebody goes down, everybody goes down.. i freaking hate it.. i want to live my own life, but for everything my parents need or get into trouble with, i have to do all the F***ing dirty work and fixing everything..

sometimes, i hate being born here and having my parents emigrate here... they are soo helpless.. of course, this make me sound ingrateful, which i'm not.. but i just wish sometimes, they could understand English on a more fluent level so it takes the stress away from my life. i have to watch over them and make sure they don't mess up all the time...

 

i am not sure if it will be different for south ca but what u said is totally correct here in north ca

i went to a traffic school class held by a attorney @ the SF superior court and that's what she said also , u have no obligation to give out name who's driving your car. What she told us to do were writing , i have no idea who's driving my car.

Hope it helps.

 

i mean as long as you can show that u are not the one in the photo then u will be cool

 

With all do respect, your father shouldn't be driving if this is the case. I'm assuming he already has multiple violations to be that close to being kicked off the insurance policy and he is still carelessly running red lights? On top of that he wants you to take the hit for it, or fix it for him? Immigrant or not, that's chicken shit....

all that aside, as others have mentioned here, the burden of proof is on the court. It should be a fairly straightforward dismissal since you were not the one driving... good luck.

 

My fiance went thru this. Her bro was driving her mom's car. Judge asked him who was driving his car, esp since he was sitting right next to her. Mom would get the ticket.

Um - I'm not 100% about this, but my understanding is that at court, you will be asked "If it is your car, then who was driving it?" If you say you don't know - how did they get your car? Short of lots of lying "I lent my car to my friend, who lent it to someone I don't know" - your dad may end up with a tcket - or you will.

 

Or just get another ticket for lying under oath lol