Fighting a Photo Enforcement Notice? | FerrariChat

Fighting a Photo Enforcement Notice?

Discussion in 'California (Southern)' started by 4retr, Dec 30, 2006.

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  1. 4retr

    4retr Formula Junior

    Nov 21, 2004
    384
    Southern California
    Full Name:
    David B.
    Hello:

    My wife just received a traffic violation notice from the S. Bernardino County Photo Enforcement Program - I was actually using her car that day.

    They claim I ran a red light from the left hand/u turn lane - I remember completing the U-turn before the arrow turned red.

    I've heard these notices can be fought, if so how would I go about it and what are my chances fo being successful (On the back of the form they want verification of who was driving - The photo with me doesn't even show the license plate).

    Thanks in advance!
     
  2. MIK911

    MIK911 Rookie

    May 23, 2004
    43
    I recently got a photo ticket. It clearly shows my car prior to entering intersection (by few feet) with red light on. I didnt consider fighting it.
    Your ticket sound kinda weird---no photo of license plate, just of you? There must be another photo which linked you to the car, but since that wasn't included in your ticket package, maybe you have a case.

    Sorry, i'm of no help, but perhaps this will help for your 'next' phototicket:
    "PHOTOBLOCK". It's a clear spray on reflective coating that supposedly causes too much reflection off the camera's flash, making your license plate numbers illegible.
    I just sprayed my plates today. Small rattle can for $30. (better than $350 ticket plus $100 traffic101.com traffic school).

    Good luck
     
  3. SilverOne

    SilverOne Karting

    Dec 10, 2002
    103
    Irvine, CA
    Full Name:
    David
    A little loop hole pending on who the car is registered to. If you are driving the car, and the car is registered under your wife's name, have your wife take the ticket into any police station and proof that the registered owner was NOT the driver in the photo.

    She can claim the driver was an out of town guest, friend, relative...etc that borrowed the car without permission, and she can't do anything about it now since they have returned back to their home/country...etc. ;)
     
  4. JERRYZ

    JERRYZ Formula Junior

    Sep 1, 2004
    658
    Orange County, CA
    I challenged one of these and won. The onus is on the city/judge to prove that the person in the picture (the driver) is also the registered owner of the car. There is no responsibility on the registered owner of the car to make a claim as to who the driver was. In my case I was wearing a hat and sunglasses and it was impossible to make a visual i.d. on me since there was no officer present during the violation. The judge had no choice but to dismiss it. He didn't even ask me who was driving the car, that was irrelevant.

    So have your wife go to court to defend herself. The only thing that matters is that she wasn't driving the car and there is no proof (i.e. the picture) that she was driving it. She shouldn't need to have a story ready to tell the judge about who was driving the car since it's irrelevant.
     
  5. 4retr

    4retr Formula Junior

    Nov 21, 2004
    384
    Southern California
    Full Name:
    David B.
    Thank you all!

    Please see the "Snitch Ticket" info - Very informative!
     
  6. 2000YELLOW360

    2000YELLOW360 F1 World Champ

    Jun 5, 2001
    19,800
    Full Name:
    Art
    Have your wife appear. She doesn't have to testify, nor tell them who the person is or isn't in the picture. It clearly isn't her, and with that she should walk. They can't force her to testify, 5th amendment to the constitution.

    Art
     
  7. Cicada

    Cicada Formula 3

    May 22, 2005
    2,439
    Indian Wells, CA
    Full Name:
    Bryan
    there's actually a lot of photo intersections in the SB area -- there's at least 2 that i know of that also take video o_O
     

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