traffic violation?

Question

I posted this in a different section and no one seemed to know the difference between a notice and a ticket. I hope I will have better luck here.


Traffic violation?
I recieved a traffic violation NOTICE and was wondering where I can find out information about some of the legal questions I have. First of all, it was not me driving my car but my husband. Am I required to turn him in? If it were anyone else I wouldn't feel so bad about it but, he is my husband. What, if anything can I do to just pay the fine but also not have to lie to anyone in authority?

It was a falilure to stop at a red light (VC 21453) in California.

Additional Details

14 minutes ago
I recieved a notice not a ticket so I cannot just pay the fine. (The reason I ask is there a way to just pay a fine). I also don't have a problem with the ticket but I feel REALLY bad because the notice wants to know who was driving. I feel a moral obligation to my husband, more so than to the police.

The notice wants to know who was driving.

It is not a citation. It is a "NOTICE OF VIOLATION".

I would love to "just pay the fine" but that is not an option I am given. I was wanting someone to tell me how to do just that. Thanks Trueblue for the info. If it works out that way then I will pay the lien against the vehicle, By going this route, will I end up paying more? (I am guessing yes) How much more on average?

My husband is not refusing to take responsibility. The notice is mine, it is my vehicle, can I pay the fine? I guess the question is CAN I PAY THE FINE and not get into any more trouble? I am a stay at home mother so he is going to pay it any way. I would rather the law do a little digging and come up with the driver than ask me to hand over my husband.

So, the person that said "ask them", why did you even bother to answer? I assumed this was the place to come to to ask questions and recieve information.

Answer 1

This has become a real problem in California, and a lot of it depends upon how aggresive you want to be. The easy way is to rat out hubby.

The first question is whether this is a real ticket. From the description you have given, it probably is NOT. It is probably just the police, who know that the MALE driver is not the FEMALE registered owner, trying to get you to ID the driver.

If this is a REAL ticket, if you pay the fine, you will have a point on your driving record and it will probably affect your insurance. If you go to court, it will be the burden of the prosecutor (or whoever presents the case) to show that you were the driver. You are under no legal obligation to say who the driver was. If the driver cannot be identified, this does NOT result in any kind of charge against the registered owner. You are not legally responsible for traffic offenses committed by other people, even if they are driving your car with your permission. Of course, this is going to take at least one trip to court.

Now, I must tell you that I have heard of people having collection agencies contact them after refusing to respond to these notices other than by a letter to the court declining to make an ID and demanding a trial. The attorneys I know who have dealt with this have refused to pay that as well, since there is no legal authority for it. Nothing has happened thereafter--the collection agency cannot sue, because there is no legal judgment without a court conviction, and there can be no DMV record without a conviction, either. As I understand it, it is just a scam.

There is a lot of litigation going on now in this area. You might want to discuss this with an attorney who specializes in this area (you can find many online). This is also a very informative web site:

http://www.highwayrobbery.net/

In particular see the section regarding fake tickets (he calls them "snitch tickets"). I think you will find it enlightening.

Answer 2

So it was a camera light? Most of the time you have to appear in court for those things. When its you...they dont really say much when you show up...just stiff you with a huge fine. Theyll probably ask you who was driving your car, the notice goes to you because youre the registered owner (im assuming) It would be a good Idea to tell the truth, dont make them go looking for stuff. Im sure theyll figure it was your hubby anyway. As far as just paying, not happening...a red light ticket is a moving violation, they want to know whos license gets the point. Hopefully he's elligble for traffic skool. Good luck.

Answer 3

If they can't identify the driver of the vehicle, typically what they do is place a lien on the registration of the vehicle, so you're going to end up paying the violation anyway. If you identify your husband as the driver, usually he is issued a court date, but if he chooses not to contest the citation (don't bother with photo enforcement anyway) then he can usually just pay it.

Answer 4

Don't blow this out of proportion. Moral obligation?. It's a traffic violation. Your husband was driving. The Police aren't even involved here, just a camera. Whoever you say was driving will get the violation against their license.

Answer 5

The same applies to the post I left on your other question ... it does not matter that your husband was driving the car. Because you gave him permission to operate the vehicle you are responsible for any violations he may commit while in said use (you as the registered owner of the vehicle). It is not the responsibility of the court in this situation to determine who was operating the vehicle, but who the registered owner is.

Answer 6

Let them know it was your husband.

Either way, you are going to be paying the fine, right? All they want to know is who's license to apply the penalty to. It isn't wrong or morally wrong to inform them who drove the car. I would tell them it was my husband if in your shoes. Hell, my husband would more than likely notify them.

Just answer the question. Otherwise you are going to be in worse trouble than just a traffic notice - it will be perjury, which is a more serious offense.

Answer 7

You can just pay the fine and you can not be forced to tell
who was driving the car . You can not be forced to testify
against your husband. When they ask who was driving just say I take the Fifth admendment.Under the law you can not
be force to admit to guilt or testify agaist your spouse.

Answer 8

you shouldnt have this so heavy on ur mind...your husband should want to do whats right and let them know that he was driving...after all if u have to pay a fine then yall are married, so ur money is his money and visa versa (if thats how u spell that ;-@ ) just talk it over with him and he should be okay with it...good luck to ya!

Answer 9

If you don't like the options given on the notice/ticket, we can't manufacture another option. Take the paper to the clerk of whatever court is involved and ask THEM.

Answer 10

If they are asking for the name of the driver, you must comply.

If not, you will be found in contempt.....

That's the way it works.

The manly thing would be if your husband took responsibility and took care of it himself instead of hiding behind your skirts.