driver's license got suspended, would it be fair to ask my ex to pay the citation?

[IJ Reilly]

I checked the California Vehicle Code on this. The law holds the driver, meaning the OP, responsible for equipment violations while he is driving the car. There is no provision in the law for the driver not being the owner unless the car is a rental.

Got a link on that? (Not that I don't believe you, I'd just like to read it.)

 

[Gelfin]

Got a link on that? (Not that I don't believe you, I'd just like to read it.)

V.C. Section 40151 - Lighting Equipment

(b) Whenever any lighting equipment or device meets requirements established by the department but by reason of faulty adjustment or otherwise fails to comply with this code, the officer making the inspection shall direct the driver to make it comply with this code within 48 hours.

Section 24010 is the one that requires a rental car to be in compliance before it can be rented. It doesn't explicitly let the driver off the hook either, so actually one can imagine the state could try double-dipping by first citing the driver and then citing the rental agency.

I could find no other provisions specifically addressing any change in responsibilities for a non-owner operator.

 

[IJ Reilly]

I could find no other provisions specifically addressing any change in responsibilities for a non-owner operator.

Other sections of the MVC deal with owner responsibilities. I'm not sure I understand how these requirements relate to each other, but it doesn't seem logical to me to hold someone responsible for repairing a vehicle that they don't own and may have no access to after the violation is cited. This section suggests that a driver may refuse to accept the notice of correction but it's unclear what the officer's options would be at that point.

 

[Gelfin]

Other sections of the MVC deal with owner responsibilities. I'm not sure I understand how these requirements relate to each other, but it doesn't seem logical to me to hold someone responsible for repairing a vehicle that they don't own and may have no access to after the violation is cited. This section suggests that a driver may refuse to accept the notice of correction but it's unclear what the officer's options would be at that point.

It's an unfortunate reality that the law doesn't have to be logical, and although I agree with you in principle, I cannot find any obvious reason to believe the law supports that principle.

There is also the legal theory that if you drive a car, it is your responsibility and yours alone to make sure that car is safe to operate on the roads, and if your way of meeting this responsibility is to trust someone else's judgment, that's your responsibility too.

Honestly, I don't think we're up to the challenge of advising the OP effectively. If he's a college student, his campus ought to have a legal aid office where he can get free advice (but not representation).

 

[bobbleheadbob]

Her car. Your ticket. You better straighten it out or you'll be the one who ends up with an outstanding warrant and no license.

 

[Macky-Mac]

...., but it doesn't seem logical to me to hold someone responsible for repairing a vehicle that they don't own and may have no access to after the violation is cited. ....

if you go back to the link to the Superior Court page, they say;

If you cannot correct the violation because it is not your vehicle, you can forfeit bail (click to go to the Bail Forfeiture page on paying your fine), or, ask the Court Clerk for a Court date to explain your case to the Commissioner (click to go the Court Date page).

so a non-owner who is caught driving a car that doesn't meet the legal requirements does have ways out of having to repair the car, but they're still facing a penalty for driving the "illegal" car. And if they opt to go to court, maybe they'll get off completely depending on the situation.

 

[benlee]

I am not a lawyer (just a law student). But I can offer some advice with the very limited knowledge of the law that I do have as well as some common sense. However, the obvious disclaimer being that I (or no one here) is a substitute for legal advice.

Here is the order of what I would do/ think about if i was you.

1) Go see a lawyer. It is not going to cost you much-if anything-to get a little advice and it is definitely going to be cheaper than $700. If you know a lawyer that is even better. talk to them.

2) Stop being lazy. I don't have a lot of information but it sounds that you are being quite lazy about the situation. You are trying to get your ex to pay the fine when it is obvious that she in no way is going to want to pay $700 for something that happen 2 years ago when she has no legal duty to pay it-you do. and then coming onto a forum to ask what you should do. This is a legal matter.

3) like other have said you have nothing to lose by going to court. YOu are not going to have to pay more and I don't know why you would think that. Thats like saying you don't want to defend yourself for robbery because you might get thrown in jail for murder.

4) Work this out now. Don't wait until finals time.

5) Depending on where the notices were sent you might have an easy legal way out in that sense.

6) If you don't want to get a lawyer (which you should because you will probably end up paying much less than if you fight this yourself) then go talk to the judge and tell him the truth, the whole truth, and nothing but the truth and pray for some equitable relief.

7) Good luck and let us know how it turns out.

 

[glocke12]

Just pay it and move on.

The weird thing is, when Ive gotten citations in the past and didnt pay them, I would get reminder notices from the court, and once even got a certified letter.
Didnt you get anything in the mail???