CA Ticket - Officer did not complete ticket?

[gmcelroy]

I received a speeding ticket in CA for doing 41 MPH in a 30 MPH zone. However, the officier left the 'Location of Violation' blank. Also he never indicated the following 'Weather - Clear/Cloudy/Fog/Rain', 'Street -Wet/Dry', 'Traffic - Heavy/Medium/Light'.
Will these omissions get me out of this ticket?

Thanks much

 

[mdl665]

As has been mentioned before clerical errors do not nullify your ticket. However, considering there is no location written on it you could contest you were in a different place with a 45mph speed limit. The officer doesn't have proof that 30 was the speed limit in the area you were because you could simply contest that isn't the location you were at when you were pulled over.

 

[CdwJava]

I received a speeding ticket in CA for doing 41 MPH in a 30 MPH zone. However, the officier left the 'Location of Violation' blank. Also he never indicated the following 'Weather - Clear/Cloudy/Fog/Rain', 'Street -Wet/Dry', 'Traffic - Heavy/Medium/Light'.
Will these omissions get me out of this ticket?

Thanks much

The location is the only thing that may be a problem. But, by itself, that is not going to void the citation. It can also be amended prior to trial.

If it is not caught by the officer going in, it might be enough to dismis based on lack of foundation as to jurisdiction and location. If you really want to beat it, there are usually some low cost traffic attorneys that can probably take this and make hay with it.

- Carl

 

[gmcelroy]

Carl

If I do a trial by written declaration, should I request a dismissal due to the fact the location is missing from the ticket?

Or should I indicate the location in my written narrative and request the 'traffic survey' to see if it's older than 5 years old?

 

[CdwJava]

If I do a trial by written declaration, should I request a dismissal due to the fact the location is missing from the ticket?

Or should I indicate the location in my written narrative and request the 'traffic survey' to see if it's older than 5 years old?

The survey needs to be requested through Discovery. And it might not do a whole lot of good depending on the specific Vehicle Code section you were written for and how your speed was determined. There are books you can buy at the local book store that can give you ideas how to do all this.

In your written declaration, as I understand it, you cannot make any motions. However, you COULD point out that the location was missing. I don't really know how this will effect the judge's ultimate decision, though.

- Carl

 

[poppakeith]

I received a speeding ticket in CA for doing 41 MPH in a 30 MPH zone. However, the officier left the 'Location of Violation' blank. Also he never indicated the following 'Weather - Clear/Cloudy/Fog/Rain', 'Street -Wet/Dry', 'Traffic - Heavy/Medium/Light'.
Will these omissions get me out of this ticket?

Thanks much

If the cop gets wind of the no location notation, he will simply add a location. A lawyer should be able to prevent that. After a lawyer or judge is clued in, the cop is less likely to make the effort. The other omissions will help a little.

 

[gmcelroy]

A summary of my written declaration

The is going to be my basic defense..comments please:

Violated CVC 22350 (doing 41MPH in a 30MPH Zone) via Radar
I was going much slower in my opinion
Speed was safe for prevaling conditions
State Location & Conditions (mention the officer left this
blank)
Speed on road maybe artifically low, could constitute a speed trap pursuant to CVC 40802 a2
When using Radar evidence, the prosecution is required to prove radar is not an illegal speed trap per 40803b
Prosecution is required to provide a certified copy of the speed survey for the road per 40803b
If the court does not rule in my favor, I request a fee reduction and traffic school.
This is my 1st ticket in 21 years