Legal Question in Traffic Law in District of Columbia

Any recommended defenses for a automated photo enforcement ticket received for making a right turn on red in a posted no turn on red intersection. The vehicle is registered in my wife's name, Can she deny custody and claim spousal privilege in not naming the person operating the car?

Asked on 5/04/10, 11:01 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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No, claiming spousal privilege would not be applicable in this kind of administrative hearing involving a traffic matter before a hearings examiner.

The better approach would be to challenge anything in the photo which

might raise an issue as to the identity of the subject vehicle. Also, the date

as to when the photo was processed might also be relevant as to the

ticket's enforceability.

Answered on 5/10/10, 6:32 am

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