Must a registered owner of a vehicle identify the driver in an automated red light photo citation if it wasn't them in the photo

Bankruptcy and Debt 2 views 3 answers
I am the registered owner of a vehicle that was issued an automated photo red light violation citation, but I was not driving the vehicle at the time of the citation. Therefore, I filed a TBD, and attached a copy of my CA Drivers License as evidence that I am not the person photographed in the citation. Now, I was mailed an affidavit of non-liability letter that wants me to identify the driver of the vehicle at the time of the citation. Having to do so violates constitutional protections against having to incriminate oneself... the Fifth Amendment. May I assert this in court?

Attorney Answers

3
Troy Pickard ·
You may always assert your privilege against self-incrimination, unless you are granted immunity.
0 upvotes
Nicole Valera ·
That's a very interesting question - a TBD requires that you submit a declaration - a statement. I would analogize your situation to one in which my client took the stand in his own defense during a trial - he is giving up his right to remain silent. Once he is on the stand he is subject to cross examination, which would be analgous to the affidavit of non-liability that was sent to you. If he refused to answer the question of, "If you didn't do it, then who did?" I'm not sure whether the court would order my client to answer, and if he was ordered, whether asserting the 5th would even be possible at that point...anyway, it's an interesting situation. I could go on a long analysis on asserting the 5th and whether the judge can ask you why you're asserting it, but I don't think that's really what you're asking. Back to your question - they're basically asking you to rat out who did it - that's the opposite of self-incrimination. If you don't want to answer the question, then don't, but I'm not sure you can claim the 5th.
0 upvotes
Andrew Roberts ·
You do not have to answer! It is that simple . If they ask you to appear, get an attorney who can appear on your behalf without your need for being present. The attorney will get the ticket dismissed!
0 upvotes

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