Husband got a notice in the mail that he was caught on film speeding. Not his car in photo, I know he was somewhere else at the time. He has a Truck, not a 4 door foriegn car. what do you do? The plate was misread. We have sent photos of his truck and plates, and his registration showing it is a pickup, return receipt requested.. What now?
2007-12-20 12:03:33 · 4 answers · asked by character 5 in Politics & Government ➔ Law Enforcement & Police
So just how enforcable are these photo things? This is so bogus. They pulled up his registration, but didn't bother to "type" the vehicle. It is a misread plate. Surely this has happened before.
2007-12-20 12:46:59 · update #1
If you have been charged with a violation, the ball is in YOUR court. Do nothing and you default. In other words, you're convicted and liable. So contest it in court. There is a deadline, and you want to respond before that time. Go to court and plead Not Guilty, and request a trial. You will NOT have to prove anything at this time. A hearing will be set for a later date.
NOW, it's up to them to prove their case. It's not enough to just accuse you and demand that you exonerate yourself. THEY must prove their case. Do come armed with all the evidence to prove what you've said here. Get copies of your DMV records proving what vehicles you own.
I don't know what state you're in, but in most of them, simply getting a license plate isn't enough. A traffic violation is a violation committed by an individual, not a vehicle. (Parking tickets are the responsibility of the owner, regardless who incurred them, but moving violations are offenses committed by individuals.)
They need clear-cut photos PROVING who the driver is. I also recommend that, if it comes down to it, request a jury trial, not a bench trial, as it's a lot harder for them to convince six people of their case than to convince one judge whose mind may be already made up. I also recommend that you be prepared to get a quick course from an attorney in how to present evidence if they stubbornly insist on going to trial.
My bet is, they won't be willing to invest the time and money in a case that has big holes in it that they need to push through.
2007-12-20 13:58:08 · answer #1 · answered by Marc X 6 · 0⤊ 0⤋
Maybe the best thing to do is take your vehicle's registration showing the license plate #, and your insurance card for that vehicle. If your husband can prove where he was at, maybe they'll drop the charge. good luck.
2007-12-20 20:07:47 · answer #2 · answered by cclover _ 4 · 0⤊ 0⤋
Take the info you have to traffic court and very slowly explain to the judge that this is all a mistake. You may need to take
along several dictionary's so these idiots can read the definition of mistake, that is IF they can read!
2007-12-20 20:15:00 · answer #3 · answered by ? 6 · 0⤊ 1⤋
Well it's DC, so you will probably have to go and sit there for a day to get it overturned. I bet they count on a certain percentage of people in your situation just paying it. good luck!
2007-12-20 20:34:00 · answer #4 · answered by Yo it's Me 7 · 0⤊ 0⤋