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07-14-2005, 01:31 AM
| | Junior Member | | Join Date: Jul 2005
Posts: 1
| | | Moving Violation Citation Technicalities What is the name of your state? CA
I was wondering which of the following technicalities will allow me to have my citation dismissed?
1) The officer said I am white. I am 1/2 Japanese, 1/16 Swedish, 3/16 Russian and 1/4 other. The other is most likely European, specifically British. I am planning to contend that I am Siberian, thus most of my racial makeup is Asian. I am planning to ask the officer why he thought I was white? And ask him if he considered me white because of my last name? I mean he cant assume that I am white with a last name of Bates because it could also mean I am African American. I know more Bates that are Black than White.
2) I drive a Jeep Grand Cherokee. He wrote I drive a four door. I contend that I drive an SUV. There is a big difference in that a SUV has a liftgate.
3) I want to contend that the city in which the infraction in question occurred was Beverly Hills, not West Hollywood, which is listed on the citation. The street I was cited on is the street that separated the two cities. I can take pictures that show the location of the infraction in question was indeed Beverly Hills. (city limit sign)
4) [URL=http://www.dmv.ca.gov/pubs/vctop/d03/vc5201.htm]DMV CVC 5201[/URL] The violation listed on the citation lists the fix-it violation (no license plate cover) as 5201(e)(2). According to the DMV CVC website, it should be listed as 5201(f)(2).
5) The other violation listed was 21460.5(c) where the officer stated, "You cannot drive through an intersection in a two way turn lane without making a left." There is no reference to this in the law. [URL=http://www.dmv.ca.gov/pubs/vctop/d11/vc21460_5.htm]DMV CVC 21460.5(c)[/URL] | 
07-14-2005, 03:17 AM
| | Member | | Join Date: May 2005
Posts: 53
| | | The officer gave a phyisical discription regarding you and your car for his and the courts sake. There is no way to accurately determine a racial background during a traffic stop. The fact that you, yourself point out you mixed racial making, to me, would further prove that it would have been impossible for the officer to determine. Your car is a four door, SUV or otherwise (four doors and a tailgate).
Here is the law concerning the turn lane. (c) A vehicle shall not be driven in a designated two-way left-turn lane except when preparing for or making a left turn from or into a highway or when preparing for or making a U-turn when otherwise permitted by law, and shall not be driven in that lane for more than 200 feet while preparing for and making the turn or while preparing to merge into the adjacent lanes of travel. A left turn or U-turn shall not be made from any other lane where a two-way left-turn lane has been designated.
The city-line claim, is not effective, the County of Los Angeles is the court system you will be charged through. And the other issue of a e not f, could be thrown out but you are still guilty of the offenses. If it a fix it ticket, fix it, go to the office that check those things and be done with it. | 
07-14-2005, 08:18 AM
| | Senior Member | | Join Date: Jan 2001 Location: Washington state
Posts: 10,613
| | | This post should qualify for one of the posts of the year in the category, "Post with the most lame excuses".
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07-18-2005, 02:44 AM
| | Member | | Join Date: Jun 2005 Location: California
Posts: 239
| | | I agree that those are lame excuses but you can still go to trial and hope that the officer does not show up - and the odds are that he will not.
Regards,
Pug | |
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