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  #1  
Old 09-15-2005, 10:13 PM
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How do I Fight a Moving Violation via Helicopter CA


What is the name of your state?CA

I was recently issued a ticket for running three stop signs in a row near my home. I pulled up at my house and the cop came up behind me. When I questioned three (??) he told me that he did not actually see me do it, but the helicopter cop radioed it to him.

I am fighting the ticket and have done a little research. I have learned that both the helicopter cop, as well as the cop who stopped me must show up in court that day or I win. The problem is that I don't know which section or code that is and I need that information.

Also, any ideas as to how to fight this ticket?? Thank you for your help!

Maeve
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Old 09-16-2005, 11:16 AM
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It's not so much a code section, but that the state must establish the foundation for the stop and for the crime. The helicopter observer would ave to show in court to establish that a violation occurred. The issuing officer establishes that you were the person contacted and identified as the driver.

Without the observer, the violations cannot be proven. The officer's hearsay testimony would not be admissable at trial. And without the issuing officer, the observer could not identify you as the driver who was contacted and cited.

They both must show or the case cannot be proven.

- Carl
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  #3  
Old 09-17-2005, 03:20 PM
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I always plead not guilty and go to a trial on my tickets, because very often the officer does not show up. If he doesn't show up, the case is dismissed.

If you go to traffic school that keeps the points from going on your record. They "dangle" that to discourage you from going to trial, by suggesting that you will lose your chance to go to traffic school if you fight the case. But what they suggest is not true - you do not automatically lose your chance at traffic school just because you fought the case. The judge can still grant it to you, if he is willing. Some are, some aren't.

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