How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask S. Huband, Esq. Your Own Question

S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 1095
Experience:  Experienced, and knowledgeable attorney.
70026054
Type Your Traffic Law Question Here...
S. Huband, Esq. is online now
A new question is answered every 9 seconds

I was driving a car in Sioux City, SD thru a construction zone

Resolved Question:

I was driving a car in Sioux City, SD thru a construction zone and was caught on a photo setup doing 12 MPH over the limit. The problem is I was driving my friends car who was at work several hundred miles away. The photo is of the car and liscense plate not the driver. They sent the ticket to my friend and if she pays it they will take points off her liscense. How do we resolve this without driving a few hundred miles to attend court. and her plead innocent.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  S. Huband, Esq. replied 1 year ago.
Thank you for the opportunity to assist you.

Q) How do we resolve this without driving a few hundred miles to attend court ... and her plead innocent?

Unfortunately, I have to be the bearer of bad news. It is my duty and obligation to be straight forward with customers, and not simply give people an incorrect answer for the sake of avoiding unpleasant truths. In this case, there's really no way to achieve your goals without your friend going to court. Here's why...

If your friend does not go to court, or she pays the fine and court costs online or through the mail before the trial date, she will be found guilty. You're also right that any other consequences, such as demerit points added to her license, or insurance rates going up, etc., will fall on your friend, and not you.

If your friend decides to go to court, she can plead "not guilty" (which is the way to say, "I'm innocent, I didn't do this!") and explain that she was not driving the car. She can then testify that you were driving the car. The judge may or may not believe her. After all, how many people would come into court and conveniently testify that someone else was driving their car?!?! The judge probably hears this a lot and may or may not believe her testimony.

You could go too, and testify that YOU were driving the car, not your friend. Of course, you've then admitted under oath that you've committed a traffic infraction, and you may get stuck with the ticket. Good news for your friend, not so good news for you. It also possible that the judge and the officers will applaud you for your honesty and efforts on behalf of your friend, and will realize all the trouble and expense you and she went to in order to be in court. Maybe the judge will find your friend not guilty and the police will not pursue a charge against you. (At least, that's what I would do if I were the judge!!!)

But, again, this all involves going to court. I realize that's what you wanted to avoid. Unfortunately, I don't think there is a way to achieve your stated goals without being present at trial. The botXXXXX XXXXXne is that there is no way to plead not guilty and have a trial without going to trial and being present in court.

While I could not give you the answer you were hoping to hear, I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. Otherwise, please rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Take care,
Shuband
Customer: replied 1 year ago.


The issue is that we want to transfer the ticket to me which I would accept and get it off her record without her and I driving to South Dakota and wasting a days wages to go to court. Get a hearing date and drive back again for court. Can it be handled by mail?

Expert:  S. Huband, Esq. replied 1 year ago.
Thanks for the update.

Q) Can it be handled by mail?

Probably not.

I suppose the court or the DA (prosecutor) could amend the charge to show your identifying information as the person who committed the offense and not your friend. Again, you'd likely have to be in court to do this.

You could try writing a letter or an affidavit and submitting it to the local DA for the court and explaining the situation. You might want to call and talk to that person first. Tell the DA verbally and in the letter or affidavit that YOU are the one who was driving, not your friend. Provide your contact information so that the DA or his representative can contact you.

The DA might reject all this and then your friend would be found guilty. The best way to achieve your stated goals is to go to the court date.

I'm sorry there's no easy or "magical" solution for this problem. Your friend is lucky to have you helping her to do the right thing. Many people would just take a "touch luck, sister!" approach to her situation.

Take care,
Shuband
S. Huband, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 1095
Experience: Experienced, and knowledgeable attorney.
S. Huband, Esq. and 4 other Traffic Law Specialists are ready to help you
Expert:  S. Huband, Esq. replied 1 year ago.
Hello,

I was notified that you rated the answer I gave positively, and I am very pleased and gratified that I was able to help you. I sincerely hope the matter(s) we discussed turn out well for you.

Please ask for me in the future if you have additional questions or concerns. Thank you very much for the opportunity to assist you.

Take care,
Shuband

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Attorney

    Satisfied Customers:

    314
    Private practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Attorney

    Satisfied Customers:

    314
    Private practice
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    304
    Run my own practice.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    251
    Licensed Attorney with 27 yrs. exp. with Traffic Law issues
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    188
    I have more than 25 years experience in the practice of law, including representation of clients in Traffic Court.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    181
    JD, 16 year experience including traffic law.
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Counselor at Law

    Satisfied Customers:

    157
    Licensed Attorney
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    155
    20 years practicing traffic law.