I recently received a red-light camera ticket for my vehicle. I wasn’t driving, so I completed Spokane’s official Declaration of Non-Responsibility, checked the box indicating that the vehicle was in another person’s care, custody, or control, and signed it under penalty of perjury.
I mailed it October 6, well before the November 2 deadline.
Today (October 27), I received a rejection letter dated October 15 stating:
“DRIVER FULL NAME AND ADDRESS MISSING OR INCOMPLETE”
Here’s the problem.
Spokane’s own declaration form explicitly states:
“The statement above rebuts the presumption of liability. You may also provide the following information to confirm non-responsibility…”
It then provides spaces for the other driver’s name and address.
MAY ALSO. Not MUST.
Furthermore, RCW 46.63.075(2) allows registered owners to rebut the presumption of responsibility by stating under oath that the vehicle was in someone else’s care, custody, or control. The statute does not require identifying that person.
So why is Spokane’s photo-enforcement processing company rejecting declarations for failing to provide information that both the statute and its own form appear to make optional?
And why did it take 12 days for the rejection letter to reach me, leaving just six days before the original deadline?
I’m calling Spokane Municipal Court tomorrow to challenge the rejection.
In the meantime, I’m curious:
Has anyone else had a Declaration of Non-Responsibility rejected for refusing to identify the driver?
Is this a routine practice, or did I just get unlucky?
Because requiring information that the law doesn’t require, then delaying notification until the deadline is approaching, seems like a pretty effective way to discourage people from exercising their rights.