Fresno, CA asked in Traffic Tickets for California

Q: someone was driving my vehicle without me present. I received a ticket under the other drivers name for tint

she was pulled over for speeding and I got a ticket under her name for tint. how is this legal?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: This situation sounds confusing and potentially problematic. Here's a breakdown of the legal issues and some advice on how to proceed:

1. Driver responsibility:

Typically, the driver operating a vehicle is responsible for traffic violations committed while driving, including speeding.

2. Vehicle owner responsibility:

The vehicle owner can be held responsible for equipment violations, such as illegal window tinting, regardless of who was driving at the time.

3. Ticket issuance:

It's unusual for a ticket to be issued under the driver's name for an equipment violation if they're not the registered owner. This may be an error on the part of the citing officer.

4. Next steps:

a. Obtain a copy of the ticket if you haven't already.

b. Check all information on the ticket for accuracy.

c. Contact the court or law enforcement agency that issued the ticket to clarify the situation.

d. You may need to provide proof of ownership and explain that you were not present during the traffic stop.

5. Legal options:

a. You might be able to contest the ticket or request a correction.

b. If the tint is indeed illegal, you may still be responsible for addressing this issue.

6. Future prevention:

Consider removing illegal tinting to avoid future citations.

Given the unusual circumstances, it would be advisable to consult with a traffic attorney in your area for personalized legal advice. They can help you navigate this situation and ensure your rights are protected.

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