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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 1628
Experience:  Experienced, and knowledgeable attorney.
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I was driving a car in Sioux City, SD thru a construction zone

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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.
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,
Customer: replied 4 years 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?

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,
S. Huband, Esq. and 3 other Traffic Law Specialists are ready to help you

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,