How do I prove I was not a party to an incident for which a citation was given?

A couple weeks ago I received a debt collection notice regarding traffic court. I called to see what the citation was about. I found out that it was for a speeding ticket and driving without a license. The citation was dated for adate 9 years ago at 2:20 am. I have witnesses proving that I was not in the city during that time. This is the first I have been told of the incident. I don’t know how to go about taking care of this matter. I called to see if my credit card had any spending history dating that far back but they don’t keep statements that long.

Asked on November 9, 2011 under General Practice, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The first thing you need to realize is the the prosecution for the traffic ticket in this quasi criminal matter has the burden of proving beyond the reasonable doubt that you were actually driving the vehicle 9 years ago.

You do not have the burden of proof. Likewise, the prosecution will also have to bring the police officer who wrote the ticket 9 years ago to court to prove its case. I doubt that this will occur.

Good luck.

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