Traffic Misdemeanor with WRONG Date of Violation,Rec'd NoticeofCorrection;alsoWRONG!

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[CdwJava]

If you actually face jail time for driving on a suspended license, then this mustn't be the first time you have done this.

Try not driving ... or, get a license. It must be getting expensive losing cars and going to court if this is a repeating offense for you.


- Carl

 

[imshockbombb]

And what size of agency is that?

Because the notice of correction is also submitted to the court to show that the date has been properly noticed. It COULD be amended in court. but this could result in a delay. As with all things it is best to amend early on so that the issue is moot in court and they can deal with the offense(s) in question and not clerical issues.

You don't have to believe me. But in 15 years I have yet to see ANY citations dismissed on the basis of a written erroneous date or time of issue - though I have heard of it occuring in rare instances. And I have NEVER heard of it being dismissed for an error on the notice of correction.

But, go to court and challenge it on that basis. It's your right to try. Just keep in mind that if you take the podium at trial that you may lose the right to traffic school. Most traffic courts in CA don't offer traffic school if found guilty after you take the stand at trial.

Oh, and depending on the size of the agency it could very well be a clerk that filled it out. My current agency is the first one I have worked at (I've been at three agencies) where I have had to fill out my own correction notices.

- Carl

If you don't mind my asking, what size agency is it that you're working for? Also, I intend on taking ALL the advice I can get. By NO MEANS am I contesting your experience, nor your knowledge based upon experience. If I intended on just appearing in court, and taking some stand that I'm not 100% SURE has merit-then HELL NO!! This, of course, is my reaasoning behind my initial inquiry. Thankyou for your time Carl. Oh! and the original officer IS in-fact the same officer that completed and sent the Notice of Correction.

 

[CdwJava]

If you don't mind my asking, what size agency is it that you're working for?

Currently? My agency has less than 25 sworn officers.

Previously? 1,200 sworn and 172 sworn respectively.

and the original officer IS in-fact the same officer that completed and sent the Notice of Correction.

Still not relevant.

If this is your only "defense", bring your checkbook.

- Carl

 

[lwpat]

And your orange jumpsuit. No, wait, I believe they will supply that to you for free.