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Jane Doe Deer
Jane Doe Deer, Attorney
Category: Legal
Satisfied Customers: 3864
Experience:  Atty. 27+ years; Plain English answers to family law, employment, landlord-tenant, & other questions
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Hello my husband was driving our car registered to both of ...

Resolved Question:

Hello my husband was driving our car registered to both of use he ran a red light and I got a photo ticket in the mail written out to me how do I fight this I don''t want things on my driving record unless I did it please help P.S. I live in WA state.
Submitted: 6 years ago.
Category: Legal
Expert:  Jane Doe Deer replied 6 years ago.

Thank you for contacting Just Answer.

I happen to be a WA attorney.

When did he receive the ticket, and in what county?

Customer: replied 6 years ago.
I got the ticket in the mail 5/21/08 and is due 6/16/08 it was in snohomish county
Expert:  Jane Doe Deer replied 6 years ago.

It's so nice to hear the names of familiar counties!

The Snohomish County District Court has jurisdiction.

Does the back of the ticket or anything you received tell you how to appeal the ticket without having to go to court?

Generally, you need to type a short statement that your husband, not you, was driving the vehicle. Ask that the court please dismiss the charge against you as incorrect. Provide your husband's driver's license number and date of birth. Both of you need to sign and date the statement. DON'T offer to put it on your husband's record.

It's quite likely that the court will dismiss the charge against you, period.

It's also likely, but not as likely because it takes bureaucratic effort, that charges will eventually be filed against your husband.

Anyway, write the statement and mail it in with the ticket. It should say on the ticket how to contest the matter without appearing in court. The court will go strictly by your statement, so make it convincing.

Best of luck to you! And when is the sun coming out? It's June 1st! I'm in Pierce County and it's been pretty chilly and drab today.

Jane Doe, Deer

Customer: replied 6 years ago.
I can not write and sign a statement saying that he   or any one for that matter was driving. I was not there to witness this action. I thought you are innocent until proven guilty in this country and why did they send it to me in my name and not him the car is his and its registered to both of us?
Expert:  Jane Doe Deer replied 6 years ago.

Good point. Just have your husband sign and date the statement that he was the one who was driving. Great catch on your part, thank you!

They probably sent it to you as luck of the draw or something. Alphabetically, does your first name come before your husband's? It may be as simple a thing as that. They have no way of knowing whose car is whose if it's registered to both of you.

You're right, you still are innocent until proven guilty. When you get a ticket, you have the right to a hearing for that very reason.

Is there anything else I can do for you tonight? If not, please be so kind as to click "accept." This is the last day of the month for us.

Jane

Customer: replied 6 years ago.
I wasn't driving the car. Is there a law that states I have to give up the drivers name if I was not there to witness it?
Expert:  Jane Doe Deer replied 6 years ago.

No, but why would they believe you if you just said, "I wasn't driving the car." I wouldn't believe you if I was the judge (and I have pro temmed as judge in traffic court).

But if I saw a statement from someone else saying, essentially, that I know for a fact it wasn't her because it was me," isn't that just so much more credible?

Customer: replied 6 years ago.
I have witness to were I was at the time in a different city. Can i submit that?
Expert:  Jane Doe Deer replied 6 years ago.

Absolutely. Make sure that the witnesses signs and dates the witness statement.

 

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and either me or my law office.

Jane Doe Deer, Attorney
Category: Legal
Satisfied Customers: 3864
Experience: Atty. 27+ years; Plain English answers to family law, employment, landlord-tenant, & other questions
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