Legal Advice Needed - Littleton Photo Enforcement

[keylay31]

In February, I received a photo ticket addressed to me (owner of vehicle) for driving through a red light at 6am on a very snowy workday. At that time, I was asleep in bed, my wife was the one that was driving. The ticket came to me by mail, with pictures of my vehicle, a link to video of the incident, and a picture of the driver of the vehicle. All the pictures were clear except the driver shot, which was basically all white due to the snow. It was also accompanied by a bunch of threats for not paying the fine. Having talked with my wife, she felt that it was safer to continue through the just changed light rather than try to brake.

My basic understanding is that they have to actually personally serve you the ticket within 90 days, so I figured I didn't have to pay it. But since the driver picture was so bad, AND since the ticketed person wasn't the one driving the vehicle, I figured I was free and clear. I sent in a Affidavit of Non-Responsibility (not naming the responsible party) and expected to never hear of it again. I figured they would take a second look at the driver shot and figure, there's no way we can prove it was him, etc etc

Not so fast.... I get a Hearing Notification Letter yesterday in the mail that's says my Affidavit of Non-Responsibility was considered to be insufficient and I'm due to appear in court. If I choose not to appear, I waive the right to contest.

So...
1) Did I waive my right to be personally served by submitting the first affidavit?
2) What would happen if I just didn't pay or show up?
3) Since there is no picture of the driver, am I liable as the vehicle owner, or do they still have to prove guilt?
4) What's the likelihood of getting the fine waived if I show up?

I'm interested if anyone has any legal Expertise or similar experience. Thanks guys.

[Dave_L]

I'm not a lawyer but I could have sworn photo tickets are not enforceable in CO. Ill let some other, more professional types, confirm that though. I'm curious too because I got one on my b day night. My DD ran a light on his way getting us all home.

[kidicarus13]

It's my understanding that they are not enforceable without personal service. I was never concerned about the penalty related fines if I ignored those stupid traffic cameras. I've always worried about them sending the unpaid ticket to collections and screwing up my credit. You'll have many people say that they can't legally send an unpaid ticket to collections but if/when they do, now what? 2 months of letters and headaches to maybe get it resolved?

[hghclsswhitetrsh]

It's my understanding that they are not enforceable without personal service. I was never concerned about the penalty related fines if I ignored those stupid traffic cameras. I've always worried about them sending the unpaid ticket to collections and screwing up my credit. You'll have many people say that they can't legally send an unpaid ticket to collections but if/when they do, now what? 2 months of letters and headaches to maybe get it resolved?

This.

[Sharpienads]

I can't offer any advice, but I will say that I think photo enforcement is a scam.

[RCCrawler]

I'd show up to court and tell them it wasn't you. It's up to them to prove it was.

[Ronin13]

I'd show up to court and tell them it wasn't you. It's up to them to prove it was.

I'm no lawyer- but best to show up, I'm not sure if they can, but you don't want to risk a FTA warrant.

[Leatherneck Hayes]

It's my understanding that they are not enforceable without personal service. I was never concerned about the penalty related fines if I ignored those stupid traffic cameras. I've always worried about them sending the unpaid ticket to collections and screwing up my credit. You'll have many people say that they can't legally send an unpaid ticket to collections but if/when they do, now what? 2 months of letters and headaches to maybe get it resolved?

I've heard this but I agree with Ronin13 it'd be better to show up than risk getting a warrant issued

[buckeye4rnr]

When this happened to me I sent in a photocopy of my license and signed the ticket in the spot indicating it wasn't me.

[theGinsue]

When you go to court and indicate that it wasn't you, of hey ask who was driving if not you, remember that you can not be compelled to give testimony against your spouse.