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speeding ticket with fact mistake

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Darionne

Junior Member
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.,
 


Darionne

Junior Member
Darionne said:
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]
 

BelizeBreeze

Senior Member
You're an idiot playing with the law.

Want to know what will happen? The DA will simply turn the ticket into the judge and you will state your 'reason' the judge should dismiss the ticket. The judge will ask the issuing officer if this is indeed true and the officer will reply "Yes, your honor, I made a mistake in the posted speed limit."

The judge will then ask the officer if all other facts are correct to which the officer will answer "Yes".

The judge will ask you also if all other facts are true, that you were travelling at 60 mph in the area and you will either commit perjury or answer "yes".

The judge will then take out his/her pen, cross out the posted speed limit replacing it with the correct figure, then find you guilty.

Next question?
 

cepe10

Member
You are correct - the charge should be dismissed - it is specific and inccorect. you don't have to and shouldn't testify yourself at all - you have the right not to. You are already presenting your case yourself so there is no reason to...

was there indication the LEO was using radar?

FWIW, the case law in Colorado - also requires foundation for the radar evidience which the State might not have at court and is another reason for dismissal...



610 P.2d 496


199 Colo. 475


The PEOPLE of the State of Colorado, Petitioner,
v.
Raymond L. WALKER, Respondent.


No. 79SC133.


Supreme Court of Colorado, En Banc.


May 12, 1980.

[199 Colo. 476]

Page 497

William R. Sprague, City Atty., Claybourne M. Douglas, Aurora, for petitioner.

Scott & Boisclair, P.C., Bradley D. Hill, Denver, for respondent.

ERICKSON, Justice.

Based on evidence derived from a radar device, the respondent, Raymond L. Walker, was convicted in the Aurora Municipal Court of the offense of driving 66 miles per hour (mph) in a 35 mph zone. On appeal to the Adams County District Court, the conviction was reversed on the grounds that the prosecution had not presented sufficient evidence of the accuracy of the radar device used by the arresting officer to determine the respondent's rate of speed. We granted certiorari to review the judgment of the district court, and we now affirm that judgment.
 

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