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error on ticket

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isagarch

Junior Member
What is the name of your state? CA
I was at the courthouse to pay my speeding ticket and I found out that the fine was real high ($350 !) because the cop put down the wrong vehicle code. I drive an SUV and the ticket says that I was driving a truck with 3 or more axles or towing a trailer. (which I wasnt) The clerk says she cant change it and I should plead not guilty and go to trial. I did, and my court date is not for another month. Is this worth it? or should i just pay the fine? Any suggestions?
 


Curt581

Senior Member
The error is not likely to be enough to dismiss the citation outright. When you bring it to the court's attention, the judge will simply amend the citation to the proper code.

At best they will dismiss and reissue.
 

CdwJava

Senior Member
isagarch said:
What is the name of your state? CA
I was at the courthouse to pay my speeding ticket and I found out that the fine was real high ($350 !) because the cop put down the wrong vehicle code. I drive an SUV and the ticket says that I was driving a truck with 3 or more axles or towing a trailer. (which I wasnt) The clerk says she cant change it and I should plead not guilty and go to trial. I did, and my court date is not for another month. Is this worth it? or should i just pay the fine? Any suggestions?
What section(s) were you cited for?? I don't have ANY PLACE on my citations to enter axles.

Do you have a commercial driver's license?

- Carl
 

isagarch

Junior Member
CdwJava said:
What section(s) were you cited for?? I don't have ANY PLACE on my citations to enter axles.

Do you have a commercial driver's license?

- Carl
It was entered under the line correctable violation (vehicle code) etc
and it says N(o) 22406aVC Truck or truck tractor (3 or more axles) exceeding 55 mph or vehicle towing another vehicle exceedig 55 mph.

And no, i dont have a commecial drivers license.

The cop had a new computer thingy and I received a printout right there on the side of the road.

So if they just ammend and reissue is it still worth it to go, it should lower the fine though right? and will I still be able to go to traffic school? The clerk wouldnt tell me how much the 'right' fine would be if the code was right.
 

Curt581

Senior Member
isagarch said:
So if they just ammend and reissue is it still worth it to go, it should lower the fine though right?
You want them to amend the original citation, not dismiss and reissue. That might entail a new court date, meaning you'll have to come back for a second appearance.

As for "worth it to go", that's up to you. Most of the time, they'll make an offer to reduce at the initial appearance. In your case, maybe a double reduction.

You don't want the fine reduced, you want an amendment to a lesser offense or a point reduction. The money you'd save in a fine reduction will be spent several times over in increased car insurance premiums for having a moving violation on your driving record.

Spend an extra $100 now, to save $1000 over the next couple years.

and will I still be able to go to traffic school?
Probably.
 

Pugilist

Member
If they cite you for the wrong section and don't catch the error well before trial (in time for them to send you out an amendment via certified mail), then the judge will usually dismiss the ticket at trial, as soon as you point out that you were cited under the wrong section. I have watched this happen numerous times, on as small an error as putting down the wrong subsection letter, such as 12345(a) instead of 12345(c).

You also have a big chance of winning because in many courts, the officers have very poor attendance. If they don't show up for the trial, you win.

Pug
 
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