Rob7777777 said:
Carl,
I know you are a cop or a supervisor of them, which means that you could probably find half a dozen VC infractions on just about any car on the road, but I'd bet my dollars to your pastries that you don't understand the California Evidence Code, so let me explain:
Oh, God - not another fellow who is full of himself.
My goal in asking this question here was to find out if any lawyers had used this tactic before and how successful they had been.
Well, I know you will dismiss my comments as those of an uneducated rube (in spite of my true education), but having been to many hundreds of traffic hearings - far more than I will wager you have been to (and having lost only once) - and having seen THIS argument raised dozens of times, I can tell you that to my knowledge it has NEVER resulted in a dismissal.
Additionally, the notice you received in the mail is not the original citation. The question would be if the original citation had the correct information. And even if it WERE to be off by a number, my previous comment, understanding, knowledge and experience would come in to play and a judge/commissioner would almost certainly dismiss the argument.
But, you never know. Some commissioners can be pretty stubborn and single-minded folks on petty issues.
I understand the angle that you are coming from, but I don't think you are posting on the right board here. You are a cop and it is your job to stop people from infringing on the law, so by all means do your job. And I thank you for what you do (unless it consists of sitting in your patrol car in some small town here in northern California, drinking your mochas, eating your pastries, and picking on people who are out enjoying the open road at a rate of speed which is safely in excess of the BS posted limit).
Actually I enforce the laws as passed by the elected representatives of the state of CA without the use of pastry or mocha in my vehicle. The mocha gets in the way of the dial so I can't change the radio to my favorite country music station, and the pastry messes up my cite book.
Additionally, "BS" or not, the speed limits exist for everyone's safety. I enforce those laws. If you don't like them - change them.
Please do not pretend to give genuine legal advice to a group of people who need advice from legal experts.
I don't give "legal advice". In fact, nobody here does. It is ALL opinion. And THIS question is posed over and over again on every forum I am a member of, and the answer is ALWAYS the same - it won't fly.
You are leading people down the wrong path and allowing cops to do sloppy work and get away with it.
Really? I'm doing all that? I am "allowing" cops to do "sloppy work"? Now, how and where did I get all that influence?
I demand nothing short of quality from my officers. And that they perform their duty in a legal, ethical, and moral manner. And to that end, we cite violators of the speed laws (and others) ... in addition to the usual police stuff - breaking up fights, counseling troubled youth and families, getting shot at, all the usual stuff.
But I never realized how I was so influential that I "allowed" cops to do sloppy police work.
Hmmm ... now, how do I "allow" myself a pay raise?
Maybe you are right though, there should be a disclaimer on this board though...I think it should read, "Cops are trained to be enforcers of the law, not students of it"
Hah! You think not? Okay - have your think.
Bottom line is that unless you get a very unusual commissioner, the incorrect DL number on the courtesy notice you received will NOT result in the dismissal of the citation. You MIGHT be able to argue it if the number were incorrect on the physical citation, but I have NEVER seen or heard of that argument being used effectively in CA.
Good luck.
Oh, and don't try to play junior law professor to the judge or commissioner - they don't like that very much.
Carl
