Date: August 21st, 2014 7:46 PM
Author: Twinkling Dashing Temple Personal Credit Line
Received a red light camera ticket. I was not driving. There are no pictures available of the driver. There are other members of my household who could have been driving it. I want to fight it.
I need to overcome the "presumption" that I was the driver. The statute states that I have to name who actually was driving. Can I claim that I don't know and that it could have been one of two people and shift the burden of presumption back to the prosecution?
Would spousal testimony privilege apply in this case? Could I claim that privilege to avoid naming my spouse as one of the possible drivers?
(http://www.autoadmit.com/thread.php?thread_id=2652601&forum_id=2#26179037)