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01-01-2008, 04:48 PM
| | Junior Member | | Join Date: Jan 2008
Posts: 1
| | | Incorrect date on speeding ticket
What is the name of your state?
California
I received a speeding violation for going 88mph in 65mph zone this past Sunday, 12/30. On the ticket, the officer incorrectly put that the violation occured on 12/31 (but did circle Sunday as the day of the week, correctly). Can I fight the ticket based on the incorrect date? Thank you.What is the name of your state? |
01-01-2008, 07:43 PM
| | Member | | Join Date: Nov 2007
Posts: 684
| | | I don't think your odds are zero. Basically, you have been charged with committing a violation on 12/30. All you have to do is provide evidence that you were not at the location of the ticket at that date and time. You can do so in a Trial By Written Declaration. You can simply provide a statement from a person who can attest to your alibi at that time.
If you'd like to explore other defenses, let us know. |
01-01-2008, 08:59 PM
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Posts: 13,471
| | Quote:
Originally Posted by JIMinCA  I don't think your odds are zero. Basically, you have been charged with committing a violation on 12/30. All you have to do is provide evidence that you were not at the location of the ticket at that date and time. You can do so in a Trial By Written Declaration. You can simply provide a statement from a person who can attest to your alibi at that time.
If you'd like to explore other defenses, let us know. | Jim is correct. However, the officer will also have the opportunity to correct the ticket (I've seen it done).
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01-01-2008, 09:00 PM
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| | | There are some judges that might be that anal, but in my experience, as long as the officer testified or articluated the appropiate day of the week and approximate time, the issue will be moot.
But, if it's all ya got, why not give it a try!?
- Carl
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01-01-2008, 10:55 PM
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| | Quote:
Originally Posted by CdwJava But, if it's all ya got, why not give it a try!?
- Carl | Exactly,
However, I can think of a few other defenses that would likely be much more effective. |
01-01-2008, 11:02 PM
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Posts: 15,445
| | Quote:
Originally Posted by JIMinCA Exactly,
However, I can think of a few other defenses that would likely be much more effective. | Quite possibly.
In my case, I like the certainty of traffic school over the crap shoot of a court trial. I guess I tend to appreciate my free time too much to want to spend it in court or involved in legal maneuvering. (Hence the reason my wife opted for traffic school when she got hit for a similar speeding citation several months ago.)
- Carl
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A Nor Cal. Cop Supervisor
"Make mine a double mocha ... and a croissant!"
Remember, only two defining forces have ever offered to die for you: Jesus Christ and the American Soldier. One died for your soul, the other for your freedom! |
01-01-2008, 11:25 PM
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Posts: 684
| | Quote:
Originally Posted by CdwJava Quite possibly.
In my case, I like the certainty of traffic school over the crap shoot of a court trial. I guess I tend to appreciate my free time too much to want to spend it in court or involved in legal maneuvering. (Hence the reason my wife opted for traffic school when she got hit for a similar speeding citation several months ago.)
- Carl |
I see how many posts you make here... I know what you do with your free time!! |
01-02-2008, 12:27 AM
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Originally Posted by JIMinCA I see how many posts you make here... I know what you do with your free time!! | Much of the time I reply while at my office desk ... I squeeze the spare minutes in where I can find them. Like right now.
- Carl
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A Nor Cal. Cop Supervisor
"Make mine a double mocha ... and a croissant!"
Remember, only two defining forces have ever offered to die for you: Jesus Christ and the American Soldier. One died for your soul, the other for your freedom! |
01-02-2008, 10:34 AM
| | Senior Member | | Join Date: Aug 2007 Location: Florida
Posts: 4,751
| | | OP -
If the officer corrects the ticket, make sure that YOU get a copy of it. I had the officer 'correct' a ticket, only I didn't get a copy of the correction. I knew that where I was, there was NO stop sign. I took a picture of the location showing no sign. He 'corrected' his ticket to show a different intersection. I never received a copy of the correction. It was thrown out of court because our bill of rights (don't ask me which one) gives you a right to know WHAT you are being charged with. The magistrate threw it out on that technicality.
As someone else stated, make sure that your alibi for 12/31/07 accompanies you to court.
__________________ If you don't like something, change it. If you can't change it, change your attitude. Don't complain. Maya Angelou |
01-02-2008, 04:28 PM
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Posts: 684
| | | Ginny,
I agree with your post with the exception that this is a "technicality". When a person is charged with a crime ( infraction, misdemeanor or felony), that person has a constitutionally garunteed right to defend himself against the charge. However, he is deprived of that right if he prepares a defense for an apple when he is being charged with an orange. This is no technicality!
Good points though! |
01-02-2008, 05:31 PM
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Posts: 13,471
| | Jim -
"People" are allowed to make minor mistakes. A mistake such as this can very easily be corrected with taking away our constitutional right to present a defense 
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! |
01-02-2008, 06:20 PM
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| | Quote:
Originally Posted by Zigner Jim -
"People" are allowed to make minor mistakes. A mistake such as this can very easily be corrected with taking away our constitutional right to present a defense | People are allowed to make mistakes, but they also have a consequence for the mistakes they make. Anyway, it is not about forgiving someone for making a mistake, it is about the State following its own rules. The ticket is a complaint that you commited a particular offense at a particular place at a particular time. That is what you have to defend yourself against. It is not proper for the State to alter the complaint without providing adequate time for the person to prepare a defense. At the time of trial is NOT adequate time.
Say the cops broke down your door with a search warrant and found something illegal and arrested you. Later, you found that the search warrant was for your neighbor's house, but the cops made a mistake when they read the address on the warrant. Are you going to "forgive" the cop for his mistake? Are you going to say "I had the illegal item, so now I'll pay the price"?? I doubt it. I'm sure you are going to claim that the evidence was illegally obtained and take a walk. So, you shouldn't be so self rightous about people persuing a zealous defense.  |
01-02-2008, 06:34 PM
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Originally Posted by JIMinCA People are allowed to make mistakes, but they also have a consequence for the mistakes they make. Anyway, it is not about forgiving someone for making a mistake, it is about the State following its own rules. The ticket is a complaint that you commited a particular offense at a particular place at a particular time. That is what you have to defend yourself against. It is not proper for the State to alter the complaint without providing adequate time for the person to prepare a defense. At the time of trial is NOT adequate time. | Whoa there big guy...
I *NEVER* said that the ticket would be corrected AT THE TIME OF THE TRIAL.
What would (ok, *could*) happen is that the ticket is corrected and the corrected copy is mailed to the offender (ok, alleged offender  )
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! |
01-02-2008, 07:50 PM
| | Member | | Join Date: Nov 2007
Posts: 684
| | Quote:
Originally Posted by Zigner Whoa there big guy...
I *NEVER* said that the ticket would be corrected AT THE TIME OF THE TRIAL.
What would (ok, *could*) happen is that the ticket is corrected and the corrected copy is mailed to the offender (ok, alleged offender ) | No problem. At that time, the OP would change strategies. |
01-03-2008, 04:16 AM
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| | Quote:
Originally Posted by JIMinCA No problem. At that time, the OP would change strategies. | Um, so why don't we just skip questioning the date and have the OP change strategies now?
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