Errors on my ticket

bp_justin · #1 01-23-2005, 04:18 PM

What is the name of your state? California.

Received a ticket. The officer made two errors:
1. Copied my Vehicle License number in both places instant of my Driver License number.
2. Violation code: 22349. The 4 was written like a 1 on my carbon copy. Therefore, the violation code reads 22319.

Are these errors enough to invalidate my ticket?
If so, shoud I point these errors to the court during my arraingment? Or wait until the trial? Thanks!

racer72 · #2 01-23-2005, 06:40 PM

Yes do point out the errors. And they will gladly fix them for you.

bp_justin · #3 01-23-2005, 07:10 PM

Thanks, but your answer didn't really solve my question.
Would these errors invalidate/dismiss my ticket?
If I plead guilty, would that mean that the ticket will not be dismissed even the errors occur?
Should I introduce the errors during the arraignment?

#4 01-23-2005, 07:27 PM

Would these errors invalidate/dismiss my ticket?
Possibly; because you cannot tell what you have to defend against since the statute number is wrong and also the tag number was used for your operator's license number.

If I plead guilty, would that mean that the ticket will not be dismissed even the errors occur?
Yes.

Should I introduce the errors during the arraignment?
No. Ask for a trial. After the first government's witness is sworn and after the prosecutor asks the first question, stand up and say, "Your honor, I move for a dismissal of this case on the grounds that I cannot tell under which statute I am charged and I also contest the fact that the state cannot identify me because they do not have my correct operator's license number on the charging papers."

At that point, the case will either be dismissed or the judge will overrule your motion and proceed with the trial.

Google united states constitution double jeopardy.

bp_justin · #5 01-23-2005, 07:38 PM

Thanks for the kind advice. You are right that I should NOT have barked at the people that replied. I apologize.

bp_justin · #6 01-23-2005, 07:43 PM

Thanks for your reply. I would like to get some clarifications and your opinion.

1. I will plead NOT guilty during my arraignment and point out the two errors to the judge. Can the judge dismiss my ticket at this piont? Or the judge cannot dismiss the ticket unless I am in a trial?

2. If the judge is not willing to dismiss my ticket, is it too late to change my plead to guilty?

3. I rather not escalate this to a trial. It might take a lot of time. I do quality for traffic school in California. In your opinion, do you think I should pursue a dismissal of my ticket if the judge isn't willing to dismiss it during arraignement?

Thanks again!

#7 01-23-2005, 07:57 PM

1. I will plead NOT guilty during my arraignment and point out the two errors to the judge. Can the judge dismiss my ticket at this piont?
Yes; unlikely but yes.

2. If the judge is not willing to dismiss my ticket, is it too late to change my plead to guilty?
No, you can plead guilty right up to before the jury foreman says, "We find the defendant...."

3. In your opinion, do you think I should pursue a dismissal of my ticket if the judge isn't willing to dismiss it during arraignement?
This is something you have to decide.

CdwJava · #8 01-23-2005, 11:37 PM

Keep in mind that the courtesy notice you receive will likely have the correct violation on it. So any motion for THAT one will likely fail.

- Carl

#9 01-24-2005, 08:54 AM

Quote:

Originally Posted by CdwJava

Keep in mind that the courtesy notice you receive will likely have the correct violation on it. So any motion for THAT one will likely fail.

- Carl

Also, let me warn you that the documents in the court file are the controlling documents; the notices and stuff you get are (as Carl correctly puts it) merely "courtesy notices".

You, as a party to this action, are assumed to know the entire contents of your own file which the court has.

lwpat · #10 01-24-2005, 02:47 PM

If you plead not guilty and request a trial then you lose the option of traffic school.

#11 01-24-2005, 02:52 PM

Quote:

Originally Posted by lwpat

If you plead not guilty and request a trial then you lose the option of traffic school.

A half-way smart constitutional lawyer could kill that puppy with a dirt clod!

bp_justin · #12 01-24-2005, 03:56 PM

Need some clarifications please!

I will be going to an arraignment. I will plead not guilty and point the two errors on my ticket to the judge. He or she will rule to dismiss or not to dismiss the ticket. If the judge is not going to dismiss the ticket, would it be too LATE for me to change my not guilty plead to guilty before the arraignment is finished? Thank you!