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Thread: Traffic Ticket Woes

  1. #31
    Quote Originally Posted by thehipcrip View Post
    It is your "friend's" responsibility.

    I would do as the person in California did -- request a trial and prove, to the best of your ability, that you were not the driver.

    If you lose in traffic court and end up paying, you could always sue this "friend" in small claims court for the $285 fine. I'd love to see this on "Judge Judy" -- JJ would shred your friend. [/snark]
    As with traffic court, I have no experience with small claims court lol. Would it even be worth pursuing over that avenue over $285? I am guessing there are costs associated with filing in small claims court. Factor in the time and energy that might be required. I wonder if would be worth it for such a small amount. I don't know. More just wondering out loud here.

    The thought of me and her on Judge Judy though is pretty funny

  2. #32
    Quote Originally Posted by jmh View Post
    You asked her to drive, she said yes. You did not ask her to run the red light or drive recklessly. What if she had hit another car...would that be your fault?
    I actually don't know the answer to that question, which is a very good one. I guess since the casual driver clause of my insurance would cover damages if she had an accident while driving my van, in the end I guess I am still responsible in a way as its my insurance policy. Although you are right that I wouldn't likely be criminally responsible if she was charged with something in connection to an accident.

  3. #33
    Really, going to court for a ticket is not a big deal. You are not on trial for a major crime, for goodness sake. My daughter has gone 2 times for speeding tickets she thought were unfair and won 1 of them and the other reduced. The judge listens to you. The worst case is you pay the ticket. It really is worth going and proving you were not the driver. As in Calif, you may be able to do it by mail. The assumption by the picture is that since the car is in your name you were driving it, but you were not, so the assumption is incorrect.

  4. #34
    You can make calls to find out the process for small claims court and going to court for fighting the ticket, for that matter. My son went to small claims court when a landlord was keeping all his deposit for an apartment and it was unfair. I think the cost was $50.00 to file and he won, so the $50 was worth putting up to save $900.00. I think he even got the $50 back....anyway, if your 'friend' won't pay now and you are afraid of damaging a friendship you believe is worth keeping....taking her to small claims court would kill the friendship pronto...but you would win the case!
    But, you could at least fight the ticket and come out even....your money, no points and still have your friend.

  5. #35
    Quote Originally Posted by Timaru View Post
    Quick question OJ, how much does $285 mean to her.

    Just carrying around money?

    Could she be in financial poo?

    The latter would explain her knee jerk reaction.
    That's a valid question and one I considered before I emailed her to tell her about the ticket. $285 wouldn't be just carrying around money for her. But, she had just recently returned from a week in Vegas. And not to sound petty or anything lol, but knowing that made me feel less lenient about cutting her some slack on helping out on the ticket.

    But as you say, it was a knee jerk reaction. Maybe there is something going on I don't know about. And while yes she's really being a shitty friend in terms of this incident, it's kind of hard for me to just throw away nearly 25 years of friendship over money.

  6. #36
    Senior Member justadildo's Avatar
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    "The Registered Owner is charged under Section 160(1) of the Traffic Safety Act which states, "If a vehicle is involved in an offence referred to in Section 157 or a bylaw, the owner of that vehicle is guilty of an offence." Because you are charged as the registered owner of the vehicle, and you have not been charged as a driver, a guilty plea will not result in any demerit points being assessed to your operator's license."

    two things......one: she should "want" to payt you for it....she was doing you a favor, but not a $265 favor

    and two: i guess if the laws in the us said youre on the hook if its your car, us americans might look at vehicle ownership as the privilege it is instead of a right

  7. #37
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    Legally, I am sure you are responsible for it. I am betting that they haven;t put the cameras in intersections unless the law allowed for the registered owner of the vehicle to be charged. (But I realize that isn;t what you are asking anyhow);

    That being said, I would fight the ticket, if you have the time to possibly go to court. As I think the whole video ticketing premise is unfair. I don't know about Canada, but here there usually is a place on the ticket to appeal it. (It is different from state to state.) And the results all depend on the Judge. My son went one time, and had it thrown out, because the police officer wasn;t there. Another kid, right after him was told he had to come back another time. The only difference my son saw, was that he had dressed for court, and was polite. The other kid had on a grungy hoodie, jeans and was rather defiant. So no grungie hoodies, ok?

    As far as the friend. If I were in her place, I would have volunteered to pay for the ticket, as I was the one who was driving. Splitting it with her would be more than fair, but unless you want to totally want to lose her friendship, you will probably be stuck with the bill. Although the friendship will never be quite the same. And I don;t think I would ask her to drive again.
    T7-8 since Feb 2005

  8. #38
    every state is different, so i wont make a definite statement.
    however you are incorrect thinking the ticket i your responsibility, that would be true for a parking ticket, like fire hydrant ,parking meter,bus stop,

    as others have said for moving viloations the driver is responsible.
    since this is a red light camera , you can get out of it, and dont give the name of your friend, there is no legal requirement to do so.
    start google the red light tickets for your state /county /jurisdiction on how to fight it, and fight it.
    not worth the friendship, but those red light cameras can be bogus.
    plus is she was driving your car and got a red light ticket by a rel cop, she could still fight it.
    since they gave you the ticket ,she doesn not have the chance to fight it, which she probably would.
    always fight your tickets if you have time, many parking tickets ate bogus, at lest in nyc .i have won at least three, lost one , ignored one since the ticket writer put down a wrong letter in the license plate. one i won on a second appeal, i had the help of gridlock sam, who writes for the daily news, the two lower judge didnt know th law, the issueue was in his column,
    moving violations are harder to beat, but they can, when was the camera last calibrated, by who , were they certifiedm ask for a copy of thier certification etc, request a opy of all the pertinent calibration,
    goggle is your friend
    Last edited by metronycguy; 12-08-2009 at 02:52 AM.
    cauda equina

  9. #39
    I will have to come back to this thread tomorrow because I am out of time for tonight. But I don't live in the US. I should have stated that in my initial post. Sorry about that. It could very well be different elsewhere. But here, for photo radar or red light camera tickets, the registered owner of the vehicle is ticketed. Had a police officer seen her run the red light, I think then she would have gotten the ticket and not me. So what it boils down to is basically my friend is using the wording of the law against me, saying I am responsible not her. And legally she's right. Tomorrow I will look into what I have to do to argue the ticket in court. Although I haven't yet decided that is what I will do.

  10. #40
    Quote Originally Posted by woman from Europe View Post
    It is not fair but as the owner, you are the responible one. It is your insurance too, isn't it? So you should have taken care when she was driving so she did follow the rules.
    Maybe I am misunderstanding what you wrote due to a language issue. But how do you think I could have stopped her from deciding, on impulse, to try to beat the light before it turned red?

    Anyway, it's a moot point what I should have done. It happened. I am more worried about how to deal with the ticket. And maybe how to deal with my friend.
    Last edited by orangejello; 12-08-2009 at 11:00 AM.

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