Declaration of Non-Responsibility: Do I need to declare the driver?

3 views 3 answers
I got a photo enforcement ticket (Red Light infraction) in Bellevue,WA. I am sure that I was neither in the car nor driving it during that time. I am also not very sure who was driving the car at that point, could be my wife or my friend. If I submit the declaration of non-responsibility, do I need to mention the driver name and license#. If I need to mention it, would that driver get the ticket.

Attorney Answers

3
John Groseclose ·
The answer appears to be no - of the other driver is not on title. The Bellevue ordinance indicates that the required information (subsection b) does not ask for the name of the other driver. I hope this helps 11.49.040 Presumption of committed infraction — Presumption overcome. A. In a traffic infraction case involving an infraction detected though the use of a photo enforcement system under RCW 46.63.170, proof that the particular vehicle described in the notice of traffic infraction was in violation of any such provision of RCW 46.63.170, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred. B. This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner. (Ord. 5868 § 1, 2009.)
0 upvotes
Scott Lawrence ·
The law does not require you to identify the driver, only that you submit a declaration under oath (and penalty of perjury) that you were not the driver at the time. If you identify the driver that person will be charged with the ticket.
0 upvotes
Jennifer Vickersfreeman ·
The other attorneys are correct, the statute doesn't require you to name the driver. However, some courts have forms that ask for the name of the driver. Probably because they want to deter people from lying and saying they weren't driving and also to try to pass the ticket on to someone else (although I'm not sure they have any authority to do that).
0 upvotes