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Received a case correction 40505 (court changed from misdemeanor to traffic)

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ardav

Junior Member
What is the name of your state (only U.S. law)? CA

This is the topic I explained everything in case you are wondering. https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/got-ticket-drinking-public-no-reason-610162.html#post3301309

Original citation cited that I were to appear "Misdemeanor Court" (which is also marked at the top as misdemeanor). 10 days later I received a proof of correction in the mail,

-pushed the date 2 weeks ahead
-Court is changed from misdemeanor court to traffic court

that's all, violation still stays the same 56.54b drinking in public.

I couldn't find the case online, I will give the court a call on Monday; meanwhile what is your take on this? Sounds like good news? My only worry is that this doesn't go on my record. \

Thanks
 
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Just Blue

Senior Member
What is the name of your state (only U.S. law)? CA

This is the topic I explained everything in case you are wondering. https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/got-ticket-drinking-public-no-reason-610162.html#post3301309

Original citation cited that I were to appear "Misdemeanor Court" (which is also marked at the top as misdemeanor). 10 days later I received a proof of correction in the mail,

-pushed the date 2 weeks ahead
-Court is changed from misdemeanor court to traffic court

that's all, violation still stays the same 56.54b drinking in public.

I couldn't find the case online, I will give the court a call on Monday; meanwhile what is your take on this? Sounds like good news? My only worry is that this doesn't go on my record. \

Thanks
Why did you start a new thread? Just add this question to the other thread on this same topic.
thanks
 

quincy

Senior Member
What is the name of your state (only U.S. law)? CA

... Original citation cited that I were to appear "Misdemeanor Court" (which is also marked at the top as misdemeanor). 10 days later I received a proof of correction in the mail,

-pushed the date 2 weeks ahead
-Court is changed from misdemeanor court to traffic court

that's all, violation still stays the same 56.54b drinking in public.

... meanwhile what is your take on this? Sounds like good news? ...
In your other thread, CdwJava already told you that most "56.54b" tickets are filed in traffic court as infractions. The proof of correction, therefore, should probably not have come as a surprise to you. CdwJava knows what he is talking about.

Here is a direct link to your other thread, for the benefit of others: https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/got-ticket-drinking-public-no-reason-610162.html

Although your previous thread is a long one, it helps the volunteers on this site to have all related questions kept to the same thread instead of starting a new one.
 

Alex1176

Member
Now I know why it took the cops forever to come to my friends' burglarized house. They were dealing with this kind of crap. It's just amazing on what our taxes being spent. On an non aggressive guy sitting with a coke.
 

ardav

Junior Member
In your other thread, CdwJava already told you that most "56.54b" tickets are filed in traffic court as infractions. The proof of correction, therefore, should probably not have come as a surprise to you. CdwJava knows what he is talking about.

Here is a direct link to your other thread, for the benefit of others: https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/got-ticket-drinking-public-no-reason-610162.html

Although your previous thread is a long one, it helps the volunteers on this site to have all related questions kept to the same thread instead of starting a new one.
Thanks, I thought this 40505 thing was something special, thanks for the response.
 

ardav

Junior Member
Now I know why it took the cops forever to come to my friends' burglarized house. They were dealing with this kind of crap. It's just amazing on what our taxes being spent. On an non aggressive guy sitting with a coke.
Plus, I ll most likely end up paying $1500 for an attorney to prove my innocence, I will make sure to get the service I deserve:) Sorry for your friend.
 

CdwJava

Senior Member
Now I know why it took the cops forever to come to my friends' burglarized house. They were dealing with this kind of crap. It's just amazing on what our taxes being spent. On an non aggressive guy sitting with a coke.
That's a bogus claim ... calls are prioritized. An offense in progress (such as people drinking, underage folks drinking, people drinking and getting into cars) poses a great threat than a cold burglary report. Plus, the odds of the officers that might have been detailed to a burglary report being tied up at a drinking party is slim to none.

Keep in mind that many jurisdictions in CA do not follow up on property crimes without suspect info, and many are not followed up anyway due to a lack of resources. So, that cold burglary report was a low priority and not likely to receive much follow-up anyway ... depending on the details.
 

CdwJava

Senior Member
Plus, I ll most likely end up paying $1500 for an attorney to prove my innocence, I will make sure to get the service I deserve:) Sorry for your friend.
You don't have to prove anything. The state has to show that you violated the code section. But, with an offense that is a fine only and should not result in a license suspension, it would seem silly to spend $1,500 to avoid paying a fine and penalties that will probably not exceed $500. But, if that's what you want to do ...

EDIT: Per the SD Bail and Fine schedule, this appears to be a $50 fine. So, you might want to try the math again ...
 
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ardav

Junior Member
You don't have to prove anything. The state has to show that you violated the code section. But, with an offense that is a fine only and should not result in a license suspension, it would seem silly to spend $1,500 to avoid paying a fine and penalties that will probably not exceed $500. But, if that's what you want to do ...
Only thing is that I don't want this in my record in any way, paying the fine means accepting the guilt, do you know anything about that?
 

CdwJava

Senior Member
Only thing is that I don't want this in my record in any way, paying the fine means accepting the guilt, do you know anything about that?
It is an infraction. The only "record" that will exist will be at the court and the citing law enforcement agency. It will not be on your DMV record nor any state criminal history. In fact, no private employer can even ask about infractions. So, unless you are intending to get a security clearance or work in certain public sector jobs (i.e. public safety) this will never be known to anyone unless you tell them or they search the court's public records.

And in case you missed my edit above, this appears to be a $50 fine.
 

Zigner

Senior Member, Non-Attorney
Plus, I ll most likely end up paying $1500 for an attorney to prove my innocence, I will make sure to get the service I deserve:) Sorry for your friend.
This may seem a bit pedantic, but you won't actually be declared innocent. Declarations of factual innocence are MUCH more difficult to come by than dismissals or findings of not guilty.
 

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