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Old 01-23-2013, 06:28 PM   #1
Absolutely Red 12
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Quote:
Originally Posted by nookandcrannycar View Post
LOL. There was a section on my ticket that would be an affidavit where the addressee could state they weren't driving the car. This p****d me off. This isn't 18th Century France (Yet ), with the Napoleonic Code. IMO, the burden of proof should be on the government. I shouldn't have to state anything or swear to anything.
IF you state, and swear, "it wasn't me", then you have just testified, and will be compelled to show up to court, and continue to testify.

If its not clear on the picture who was driving, then all you do is plead not guilty (in writing), and ask the court to prove beyond a shadow of a doubt it was you, will not be compelled to testify, as you made a statement any attorney would make. The court can not compel you to testify, you won't be lying, nor forced to state whom it was.

I knew a woman who got a red light ticket in the mail, and her 200lb bearded son was driving her car. She mailed a copy of her drivers license, and pleaded not guilty, and asked the judge to prove thats her in the red light picture, based on her license.
Case was dismissed!!!
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Old 01-23-2013, 07:26 PM   #2
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Quote:
Originally Posted by Absolutely Red 12 View Post
IF you state, and swear, "it wasn't me", then you have just testified, and will be compelled to show up to court, and continue to testify.

If its not clear on the picture who was driving, then all you do is plead not guilty (in writing), and ask the court to prove beyond a shadow of a doubt it was you, will not be compelled to testify, as you made a statement any attorney would make. The court can not compel you to testify, you won't be lying, nor forced to state whom it was.

I knew a woman who got a red light ticket in the mail, and her 200lb bearded son was driving her car. She mailed a copy of her drivers license, and pleaded not guilty, and asked the judge to prove thats her in the red light picture, based on her license.
Case was dismissed!!!
I'll have to remember that if it happens to me again. But in Detroiter's situation, where they are talking about his credit and the administrative end is being handled by a private company, what would keep them from ignoring a written not guilty statement and just raising the fees and putting it on his credit? He might be able to get it reversed in the end, but would all that hassle be worth $75.00 ? I think they know most people won't feel that it is.
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