Red light camera ticket - the nomination form aka "snitch" ticket

I have been meaning to write about the "nomination" forms that accompany the red light camera tickets that comes in the mail. Once in a while a person gets one of these tickets in the mail, but they are not the real driver. The real driver is usually someone close to that person- gf, bf, parents, siblings, cousins, or friends. The person is then stuck with the decision to "rat out" the driver, making the ticket the real driver's problem. I defend traffic tickets in Ventura County. In Ventura County, these tickets start at $480. With fees to attend traffic school, AND traffic school fee, this can add up to $600. If the ticket is overdue, there can be up to $300 fine on top.

Without ratting out the real driver, one can try to fight this ticket in court. I have taken a few tickets to court in these situations where the wrong driver was identified. As a defendant, you have a 5th amendment right to remain silent, meaning you do not have to tell who the driver is. Also, the burden is on the government to show that you were the driver. The burden is not on you to show you were not the driver, nor is the burden on you to tell who the real driver is.

But, exercising these basic rights are sometimes easier said than done when it comes to these tickets. 

I had a personal experience of arguing with the clerks office over this nomination form. I had to get a on calendar for arraignment. The office "insisted" that a nomination form is the only way to get a ticket dismissed, and therefore they refused to set the case for arraignment. Not true. I had to argue with them on basic constitutional rights (especially on 5th amendment). And even then it was a pretty ugly battle. I thought to myself, would it be worth it for most people to go through this? Probably not. My guess is one would just pay it in hopes to avoid any sort of drama like this.   (After an hour of argument I was able to get the case on calendar. That ticket was actually dismissed in trial). 

In another situation, I also had the unpleasant experience when an officer confronted my client in front of me, basically asking him on the spot to turn over the real driver. I had reminded my client not to say anything to anyone, especially if anyone asks him about the identity of the driver. Thankfully he remembered not to cave in on the spot. The officer eventually scurried away, but the whole ordeal was uncomfortable. I can imagine this sort of thing happening to other people trying to go to court themselves to fight these tickets. (That ticket was also dismissed).


I am an attorney in Ventura, California, and I do handle traffic and DUI cases.  I defend red light camera tickets (Oxnard or Ventura). See my case results here: http://lincharlotte.com/traffic-case-results/. 
If you need help with your upcoming traffic or DUI case, please contact me at 805-517-4LAW or 805-517-4529, or email me at attorneycharlottelin@gmail.com. Please visit my new website at www.lincharlotte.com for new traffic and DUI legal information.