Ticketed for Another Driver's Offence...

by Abby

Someone used my car without my consent while I was at work. The car was used to commit a prohibited traffic violation. The ticket for the violation has been sent to me. I appealed the offence but my appeal was refused and referred to an adjudicator.

Is there anything I can do to be vindicated?

Visitor Question:
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ANSWER for "Ticketed for Another Driver's Offence...":

Abby (USA):

There is a way to be vindicated, or more appropriately to convince the Adjudicator to dismiss the case against you.

The referral of your case to an Adjudicator is the final appellate level. The appeal will involve two parties: you and the previous traffic Tribunal which denied your original appeal.

You will be called the appellant. The council which issued the penalty is called the respondent. The purpose of your appeal is to protest the Tribunal’s decision to reject what was called your Appellant’s Formal Representations against the previous fine or penalty.

The appeal is decided by an Adjudicator, who decides the appeal after considering the applicable law and the evidence presented by both parties. The Adjudicator will listen to your evidence, specifically your assertion of failure to give consent to the driver who received the traffic citation.

It would certainly help if at the hearing in front of the Adjudicator you were able to bring the driver of your car.

You will present your case to the Adjudicator. At the end of the hearing the Adjudicator will inform you of her decision. Her decision may state that:

A. Your appeal was successful and you do not have to pay the penalty.

B. The appeal is dismissed. (This means that your appeal was unsuccessful and you will have to pay the penalty.)

If you “lose” and your appeal is dismissed the Adjudicator has the discretion to order that you do not have to pay the fine, or penalty. To do so the Adjudicator will have to find what are called “Compelling Reasons" why it would be inequitable for you to be financially penalized.

We suggest you be prepared to present your case to the Adjudicator. As we said, bringing the driver of your car to the Adjudicator’s hearing will afford you the best opportunity of convincing the Adjudicator to either dismiss the case, or at a minimum order you not to pay the penalty or fine.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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