Is This A Legitimate Defense?

[DHiggins18]

What is the name of your state?
I reside in sunny Southern California.


What is your defense?...

Well... an officer recently detained me in front of my house after noticing me on the street driving a Mercedes with expired registration. The expired registration is due to the fact I purchased the car at the end of Jan. 2008 and finished the DMV paperwork at the dealership in February. Hence forth, the registration is not valid YET.

Now the officer noticed me on the corner of my block, and I happened to make it AROUND the block and to my house. Within 60 seconds the officer came cruising down my block with his extremely bright car light, only to notice me sitting in front.

Now, I assume that he was mad because I seemed to be "chilling" so-to-speak in the front of my house instead of letting him turn those blue lights on and pull me over (which he never got to do).
He decided to write me up 3 infractions. a:
22350 "VIOL SPEEDING 50/35" //
along with a 22108 "VIOL NEG LT TURN W/o SIGNALING" //
and a 16028 "NO PROOF INSURANCE".
Now the thought ran through my head that i could try a trial by written declaration and pay the bail, and then state in my TBWD Facts that
"I stand by my plea of not guilty on the grounds that I was not the driver of the car, instead I was detained in front of my house and cited for 3 infractions."

Do you think he could prove beyond a reasonable doubt that I was the driver of the car?

Just wondering. What do you think?

 

[Some Random Guy]

This is legal advice site, not a training class for how to lie effectively in court.

When you purchased the car, were you provided with a temporary registration?

 

[CdwJava]

Wait ... hold on ... you're arguing that you ran from him but that you were not the driver of the car???

So, you want to know if it is okay to commit perjury and thus turn an infraction which is punishable by a fine only in to a misdemeanor that can land you in jail (plus a fine, court costs, fees, etc.)?

Uh ... okay ... YOU do the math.

Oh yeah, remember - the officer needs to prove the violations beyond a REASONABLE doubt, not beyond ALL doubt. Though you can certainly inquire if and how the officer identified you as the driver. Defending against his testimony that you were driving without identifying the driver of your car will be a loser.

- Carl

 

[Some Random Guy]

CdwJava: I am not familiar with CA DMV rules. Does it work other states where the dealer will provide you with a temporary registration when you purchase the car and then you receive the real one in the mail 2-3 weeks later from the DMV?

 

[CdwJava]

CdwJava: I am not familiar with CA DMV rules. Does it work other states where the dealer will provide you with a temporary registration when you purchase the car and then you receive the real one in the mail 2-3 weeks later from the DMV?

The dealer provides a teensy-weensy white one that folds to about 4" x 2" and is tucked in a corner of the front windshield. Even so, since these are almost impossible to see, an officer can stop a car for having only one plate.

And the registration and plates from the state can sometimes take up to three months! They are supposed to take less than a month, but ... well ... it's the DMV.

I'm still waiting for my 2008 year tabs for my wife's van, and we renewed the registration in October! I have to go down there and get new tabs before my wife gets stopped by some Chippie!

- Carl

 

[DHiggins18]

This is legal advice site, not a training class for how to lie effectively in court.

Great! Legal advice is what I'm looking for! Have any?

When you purchased the car, were you provided with a temporary registration?

Yes.

Wait ... hold on ... you're arguing that you ran from him but that you were not the driver of the car???

No, I am not arguing that I ran from him. True story. I didn't run.

So, you want to know if it is okay to commit perjury and thus turn an infraction which is punishable by a fine only in to a misdemeanor that can land you in jail (plus a fine, court costs, fees, etc.)?

I know it's not okay to commit perjury[lie]. I'm just up against something bigger than me here. That's why I'm here speaking my mind.

 

[Hey There]

Ball is in your court

3-20-08

DHiggins18

In Ca. a driver is entitled to Discovery. A driver can request a copy of the officer's notes, a copy of a video if one was made,a copy of the front and back of the ticket and other evidence the officer plans to use in court.
Penal Code 1054.1 thru Penal Code 1054.7 (Google Search) details the law that gives the driver the right to Discovery.
A driver is in a better position to decide what plea to enter if he can obtain Discovery before arraignment or before submitting A Trial by Declaration.
How to file for Discovery can be found by typing in Discovery for Traffic Tickets on Google.To simplify the driver makes the request and a friend mails copies of the request certified,return receipt to the citing officer and the D.A. or in some Ca. cities to the city attorney. A sample form can be downloaded Help! I Got a Ticket! This site also has information on the court process from the time of the citation through the appeal process including speeding defences.
If a driver has insurance at the time of the citation and the ticket is marked as a correctable violation a $10.00 fee along with a form filled out by the insurance agent should clear the VC16028 violation.
Part e of VC16028 states
A person issued a notice to appear for a violation of subdivision (a) may personally appear before the clerk of the court, as designated in the notice to appear, and provide written evidence of financial responsibility in a form consistent with Section 16020, showing that the driver was in compliance with that section at the time the notice to appear for violating subdivision (a) was issued. In lieu of the personal appearance, the person may submit by mail to the court written evidence of having had financial responsibility at the time the notice to appear was issued. Upon receipt by the clerk of that written evidence of financial responsibility in a form consistent with Section 16020, further proceedings on the notice to appear for the violation of subdivision (a) shall be dismissed
*******************
A driver cited for a traffic violation who is issued a Notice to Appear can plead not guilty to the violations he has signed to appear in court for. This means that the driver is telling the court to either prove the allegations or dismiss the case.

Several resources with information on how to fight a speeding ticket
can be found on the internet by clicking on
Speeding Ticket -- Fighting or Plea Bargaining
Speeding Tickets FAQ
Help! I Got A Ticket!

At trial the officer needs to prove all elements of the defence including the description of the car and who was driving the car at the time the violations occurred.
I've been in court where a lawyer used a calculator and video to prove the driver he was representing wasn't speeding, and so confused the officer (and the rest of us present ) that the officer misidentified the lawyer's secretary as looking like the driver he cited for speeding and the case was dismissed.
In red light camera cases where the driver &/or the licence plate is blurred the case can be dismissed.
If the officer fails to show in court then the case should be dismissed.
Legal options are available to a driver to contest the violation he is charged with so that other options need not be considered.

Best Regards,
Hey There