Driver receives two tickets in the mail—but wasn’t speeding
A Missouri man reached out to the Just Answer website’s “Ask a Lawyer” page with a dilemma. He’d received two separate speeding tickets from an automated police traffic camera in Arizona. The only problem was that he wasn’t speeding in Arizona. His daughter had been driving his car. An expert revealed that he might be able to get out of the speeding ticket, even without throwing his daughter under the bus for breaking the law.
You might think that the owner of the car would have to reveal his daughter was driving it in Arizona, leaving her with an expensive speeding ticket. That is, if he wanted to avoid getting a ticket himself. But a lawyer on JustAnswer.com revealed that the car’s owner might have a third option. If he could simply prove that he wasn’t driving the car, he well could get out of a speeding ticket. And in certain jurisdictions, he might not even need to reveal who was actually driving. But the expert warned it would depend on the jurisdiction.
There are two ways that automatic traffic camera speeding tickets can be enforced. In the first situation, the investigating officers need to prove someone was driving and speeding–then give them a ticket. So if the photos of the speeding car don’t show the owner, the ticket is null.
In the second situation, the owner of the car is responsible for it speeding–even if they clearly weren’t the driver. In such jurisdictions, the owner would need to prove who was driving the car to escape having the speeding tickets land on their record.
The car’s owner asked if a scan of his driver’s license–with picture–would be sufficient proof that he wasn’t driving it. The lawyer on JustAnswer.com explained that if the vehicle owner wanted to contest the ticket, he would need to show up in court. In Arizona.
So would he need to turn in his own daughter for speeding? That completely depends on the local laws. The expert recommended the vehicle owner just contact the municipal court and ask what would happen if he proved he wasn’t the driver but refused to identify the driver.