According to HighwayRobbery.net, a number of California cities are attempting to scam people into identifying the driver of a vehicle that was photgraphed by a traffic camera, in cases where the driver's photo is not clear, or is not reasonably the registered owner (e.g. wrong sex). Unless the driver is clearly identified in the traffic photo, no citation can be issued as citations are per driver, not per vehicle. If the driver is not the registered owner, the citation is almost never enforceable. As one judge puts it:
"There is one defense that I call the always-win-never-lose defense, pretty much an absolute defense in these tickets, and that defense is if you're not the driver of the vehicle. Deputy Porche has two things that he has to prove to this court, by proof beyond a reasonable doubt this morning in each of your cases. First, he must prove that a vehicle went through a red light. Second, he must prove that you, the person cited, were the driver of the car. The primary way that he proves that you were the driver is with the photograph or the photographs. If the photographs are not photographs of you driving the car he has not met his burden of proof, you're not guilty, end of case, we don't waste any time on those cases."So, what does an uncrupulous municpality do in order to get around this burden of proof? Why they send you an official letter telling you that you have 10 days to identify the driver, and that this will obsolve you, the registered owner, of responsibility for the infraction. The implication is that failure to do so will leave this on your record, when in fact it will be dismissed if you contest it. You have no obligation to identify anyone.