| ▲ | moduspol 4 hours ago |
| Doesn't the same logic apply to parking tickets? |
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| ▲ | horsawlarway 4 hours ago | parent | next [-] |
| possibly, although I suspect the quote from above: > Although nominally civil, traffic infraction proceedings retain every substantive hallmark of criminal prosecution... Is going to matter here. A moving violation (ex: red light) is quite different from a non-moving violation (ex: parking) in how they're handled, and often how they're classified. Ex - my in state, a moving violation is a criminal misdemeanor, while a non-moving violation is entirely civil. |
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| ▲ | devman0 4 hours ago | parent | next [-] | | Idk how Florida handles it but several states citations issued by red light cameras and those issued by officers are handled entirely differently for the exact reason you mention. Camera citations are entirely civil, you don't get points against your license. If a cop issues the ticket it does become a misdemeanor moving violation. | |
| ▲ | bdangubic 3 hours ago | parent | prev [-] | | there is no state where a moving violation is criminal misdemeanor. some moving violations may be CM but there are myriad of moving violations whose class/degree is not CM. CM is serious class/degree that if you are charged with it you better get yourself an attorney. | | |
| ▲ | tsimionescu 3 hours ago | parent [-] | | That quote is from the judge's decision: he considers that moving violations are quasi-criminal proceedings, and as such, that the protections for criminal prosecution apply, unlike in purely civil cases. | | |
| ▲ | giantg2 3 hours ago | parent [-] | | Where is the line drawn for criminal vs civil in nature? It feels like any civil case brought against an individual by a government is quasi-criminal. | | |
| ▲ | bdangubic an hour ago | parent [-] | | this is why going to court pretty much takes care of these tickets. of course, for a lot of people, going to court costs more money than paying the ticket so people pay. disclaimer: I write software for court houses and am intimately familiar with the proceedings etc. in some jurisdictions these tickets will be outright dismissed and in others you may have to put up a bit of fight :) |
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| ▲ | causal 4 hours ago | parent | prev | next [-] |
| No. Parking is leaving your possession somewhere and should apply to the registered owner. It is not illegal to own a car that someone else used to run a red light. |
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| ▲ | moduspol 4 hours ago | parent | next [-] | | I didn't leave my possession. I just owned a car that someone else left. | |
| ▲ | hxorr 4 hours ago | parent | prev | next [-] | | But is it illegal to own a car that someone else parked in the wrong pkace? | |
| ▲ | spunker540 4 hours ago | parent | prev | next [-] | | No. Running a red light is when your possession crosses an intersection while the light is red, and should apply to the registered owner. | | |
| ▲ | interestpiqued 4 hours ago | parent | next [-] | | If I lend a neighbor my kitchen knife and they murder someone with it, should I be liable? | | |
| ▲ | gus_massa 3 hours ago | parent | next [-] | | 3 year before the murder: You are probably fine, IANAL 10 minutes before the murder: Expect to get an accusation of accessory to murder, conspiracy to murder and a few additional tomes of the penal code. We all know you are innocent, but you should better find a good lawyer just in case instead of wasting your last free minutes arguing on the internet. | |
| ▲ | vkou 3 hours ago | parent | prev [-] | | When subpoenaed, you'd be obligated to tell the court who you gave the knife to. But if you'd like to tell the fall, I'm sure some prosecutors wouldn't dig too hard to find the guilty party. | | |
| ▲ | interestpiqued 3 hours ago | parent [-] | | It seems in this case they’re not asking, they’re accusing and saying I need to prove otherwise. I think that is substantively different Edit: subpoena is not a criminal charge afaik is what I’m saying |
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| ▲ | Muromec 4 hours ago | parent | prev [-] | | Or is it? |
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| ▲ | vkou 3 hours ago | parent | prev [-] | | If someone used the car without permission, they are guilty of theft. If they used the car with your permission, you should either be responsible for what they do with it, or be able to point to the person who was using it. | | |
| ▲ | degamad 3 hours ago | parent | next [-] | | > If someone used the car without permission, they are guilty of theft. Sure, but I still don't know who they are, so I can't give their name over for either investigating the theft or reassigning the speeding/red light/parking fine. | |
| ▲ | zoky 2 hours ago | parent | prev [-] | | Except that requiring you to testify in order to absolve yourself of guilt violates your Fifth Amendment right not to testify in a trial against you. It is up to the government to prove you did something, not up to you to prove you didn’t. | | |
| ▲ | vkou 2 hours ago | parent [-] | | You can not testify all you want, but you should still be on the hook for your vehicle getting tickets, just like you are on the hook for your vehicle accruing toll fees. If your car was magically stolen and returned, and you have no idea that it happened, or who could have done this... Well, that's certainly an interesting legal argument that you could make to a judge. I doubt he'll believe you. | | |
| ▲ | LorenPechtel 21 minutes ago | parent [-] | | In the old days it certainly happened. Joyriding. Take someone's vehicle for a spin, put it back. Illegal but nowhere near as serious a penalty. Car security systems have gotten a lot better since then. |
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| ▲ | JumpCrisscross 4 hours ago | parent | prev | next [-] |
| Do parking tickets result in “a formal finding of guilt, and consequences tied to a driver’s record”? |
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| ▲ | wifipunk 4 hours ago | parent | prev | next [-] |
| Almost, except parking tickets are still typically civil “owner-liability” citations tied to where the car is parked, while red-light violations are intended to target the driver’s conduct |
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| ▲ | 4 hours ago | parent | prev | next [-] |
| [deleted] |
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| ▲ | Tactical45 4 hours ago | parent | prev [-] |
| And speed light cameras |
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