CALIF - Wrong Violation On Ticket

[eptexas]

What is the name of your state?What is the name of your state? California
I received a citation for going 75 in a 65. The officer wrote 22347(a). I checked the CA VC online and that section does not exist. I found 22349(a) and that DOES relate to my offense. Should I contest the citation? Should I wait until I go to court? Should I inform the judge then and there or wait until the case goes to trial? Any suggestions would be of help.
Thanks in advance!

 

[loulblades]

Take a look at this thread.

https://forum.freeadvice.com/showthread.php?t=234766

Hope this helps.

 

[seniorjudge]

Take a look at this thread.

https://forum.freeadvice.com/showthread.php?t=234766

Hope this helps.

That is a good thread....

 

[eptexas]

I'm In California:
Thanks to loublades and seniorjudge for replying to my post . My wife posed a possible scenario:
The violation number written on my copy may say 22347(a), but the original copy may have the correct number, 22349(a). It was written in triplicate. The "9"s in other places on the citation are plainly written and obvious, but this "9" looks more like a "7". I've asked several members of my family to tell me what the violation number is and they all say it's 22347(a). Would my position that I was not able to prepare a proper defense based on a non-existing law be thrown out becase the officer's copy is correct and mine isn't?
Thanks in advance.
Mike

 

[eptexas]

I'm In California:
Thanks to loulblades and seniorjudge for replying to my post . My wife posed a possible scenario:
The violation number written on my copy may say 22347(a), but the original copy may have the correct number, 22349(a). It was written in triplicate. The "9"s in other places on the citation are plainly written and obvious, but this "9" looks more like a "7". I've asked several members of my family to tell me what the violation number is and they all say it's 22347(a). Would my position that I was not able to prepare a proper defense based on a non-existing law be thrown out becase the officer's copy is correct and mine isn't?
Thanks in advance.
Mike

 

[CdwJava]

Chances are you will soon get a notice in the mail and that notice will have the correct violation. Plus, at your initial court date - the arraignment - they will present the charges to you and ask for a guilty/no guilty plea. If you plead not guilty then a date for trial will likely be set. At that time you will know the specific section. You can try making the argument that you could not enter a proper plea as the section was illegible and thus you were unable to make an informed decision regarding your plea, but chances are this will only delay the inevitable court date.

Unless they somehow skip arraignment and go straight to trial, you may not have a good chance to make the argument that you were unable to prepare a defense due to the charge appearing incorrect on your copy of the citation. This is also why I specifically explain each violation and the tell the person the court date when I cite them.

- Carl

 

[seniorjudge]

Chances are you will soon get a notice in the mail and that notice will have the correct violation. Plus, at your initial court date - the arraignment - they will present the charges to you and ask for a guilty/no guilty plea. If you plead not guilty then a date for trial will likely be set. At that time you will know the specific section. You can try making the argument that you could not enter a proper plea as the section was illegible and thus you were unable to make an informed decision regarding your plea, but chances are this will only delay the inevitable court date.

Unless they somehow skip arraignment and go straight to trial, you may not have a good chance to make the argument that you were unable to prepare a defense due to the charge appearing incorrect on your copy of the citation. This is also why I specifically explain each violation and the tell the person the court date when I cite them.

- Carl

Agreed...the point being that the copy of the ticket at the courthouse or the traffic violations bureau or wherever is the official document. You do not have an official document. You have an informational copy only.

To make sure go to wherever the ticket is filed and ask to look at it.

 

[NotACopOrLawyer]

Go to library, borrow Fight Your Ticket, by David Brown.

I am also going to take this opportunity to ask you and all other CA motorists, to call your state senator or assemblyperson and ask them to vote against SB 57, which will add 40% to the fine on tickets. More details are available on the Action page of Highwayrobbery.net , the website about red light camera tickets.


NACOL

 

[sutliffhl21]

Yes

Make sure you look at the original ticket. If it is the wrong section written on the original filed ticket, then yes, it is grounds for dismissal. Although, I would get a lawer. BUT, keep your mouth shut about it, dont tell anyone about your defense. If you do, heres what could happen....the cop will make a motion to amend the citation before the testimony even begins, which means, he will correct the info on the ticket. Then, you are for all intents and purposes screwed.