What is the name of your state? Colorado
I got a vehicle summons for a violation of going 60 mph in a 40mph zone. Well the zone is signed and posted as a 50 mph zone. Therefore, I am innocent of this violation. However, the district attorney called me last week and asked why I didn't take the plea bargin, at which time I informed him of the facts written on the ticket compared to the physical facts of the posted signs. He then said that he would change the location of the ticket to another area where the speed limit was 40mph. I informed him that he may not reassign the facts, and that the ticket should be dismissed. I am planning to use two defenses for the objection of amending the ticket to the posted speed. First, in the State of Colorado it is policy that plea bargins are normally offered to defendents in cases such as mine, an if they amend the ticket due to the error of the officer, then I will be denied the opportunity to accept a plea bargin. Secondly, According to Colorado law "if a traffic violation does not appear on the summons, to be issued under the notice provisions of subsection (4)(a), and the offender is not advised by the arresting officer in reference to the points changable for the traffic violation, points cannot be assessed against him for that offense. Strotz V. Dolorado Dept. of Rev.,
I got a vehicle summons for a violation of going 60 mph in a 40mph zone. Well the zone is signed and posted as a 50 mph zone. Therefore, I am innocent of this violation. However, the district attorney called me last week and asked why I didn't take the plea bargin, at which time I informed him of the facts written on the ticket compared to the physical facts of the posted signs. He then said that he would change the location of the ticket to another area where the speed limit was 40mph. I informed him that he may not reassign the facts, and that the ticket should be dismissed. I am planning to use two defenses for the objection of amending the ticket to the posted speed. First, in the State of Colorado it is policy that plea bargins are normally offered to defendents in cases such as mine, an if they amend the ticket due to the error of the officer, then I will be denied the opportunity to accept a plea bargin. Secondly, According to Colorado law "if a traffic violation does not appear on the summons, to be issued under the notice provisions of subsection (4)(a), and the offender is not advised by the arresting officer in reference to the points changable for the traffic violation, points cannot be assessed against him for that offense. Strotz V. Dolorado Dept. of Rev.,