multiple errors on ticket

[ingie53]

What is the name of your state? California

I received a ticket for supposedly unsafe lane change and no proof of insurance while trying to find my way in an area unknown to me. I noticed the following errors when I read the details:
1.It says I'm the registered owner,but it was actually my boss's car, my name is not anywhere on the registration.
2. The VC sections listed do not directly pertain to the alleged violation: VC21752(c) and VC21658(?).
3.The whole section for location info and traffic conditions is blank-and I was lost, don't know where exactly this occurred.
4. The violation date was 8/20/07, the appearance date shows: 10/30/08.

Do I have a chance of getting this dismissed, and if so, is there any way of fighting it without having to post bail first?

I've been checking online for details on this ticket, but none have been recorded yet, and i did not get any courtesy notices...

What should I do? This happened in San Bernardino County,CA, I live in Orange County, CA.

 

[Maestro64]

There are two types of defects that a ticket can have informal and Substantive, the first is no reasons for a dismissal. The second could be, however, if the second one occurs they may have the right to admen the ticket, there is a person on this board who said Calif generally does not amend tickets.

So if you can show the second defect occurred then you might be able to dismiss it. Who owned the car is not important why you got the ticket, however, location is usually very important, however an unsafe lane change can happen anywhere, having a missing location may not be valid, usually speeding and running lights and stops are very location dependent.

"Informal defect" refers to errors which do not prevent the substantive content of the document from being plainly understood.

"Substantive defects" or "Fatal" would include those cases in which the defendant's identity cannot be determined or in which the offense is not properly described.

You can argue the above point in a trial by declaration which CA allows, you write in and state the facts and why you feel the citation is not valid.

 

[CdwJava]

1.It says I'm the registered owner,but it was actually my boss's car, my name is not anywhere on the registration.

Not an element of the offense, so not relevant.

2. The VC sections listed do not directly pertain to the alleged violation: VC21752(c) and VC21658(?).

21752. No vehicle shall be driven to the left side of the roadway
under the following conditions:
(c) When approaching within 100 feet of or when traversing any
railroad grade crossing.​

Apparently you passed on the left near a railroad crossing?

21658. Whenever any roadway has been divided into two or more
clearly marked lanes for traffic in one direction, the following
rules apply:
(a) A vehicle shall be driven as nearly as practical entirely
within a single lane and shall not be moved from the lane until such
movement can be made with reasonable safety.
(b) Official signs may be erected directing slow-moving traffic to
use a designated lane or allocating specified lanes to traffic
moving in the same direction, and drivers of vehicles shall obey the
directions of the traffic device.​

Maybe lane straddling?

In any event, neither of these has to do with insurance.

3.The whole section for location info and traffic conditions is blank-and I was lost, don't know where exactly this occurred.

The location info could be a problem as that is often necessary to establish jurisdiction. However, that can be testified to in court, so depending on the judge or pro tem it may not be a huge issue.

4. The violation date was 8/20/07, the appearance date shows: 10/30/08.

If I were you I'd show on 10/30/2007. This would likely only help if you failed to show on the assigned date ... maybe.

Taken together these errors might be enough to establish reasonable doubt that the officer was not being attentive in the mind of the court ... but, it might depend on his testimony. And a lot depends on the court.

A "courtesy notice" is just that - a courtesy. You may or may not get one. And you would only get one if the address on the cite is current, and/or your address is current with DMV.

As for paying first, that's generally only required if you wish to contest via TBD. Note that if you go to trial in person, and you lose, very often CA courts will not generally allow traffic school at that point.

Also, between now and the time you go to court, the citation COULD be amended, so beware.

- Carl

 

[Hey There]

Request the officer's notes, video etc.

ingie,
In Ca. when cited for a traffic ticket infraction you are entitled to a copy of the Video,the officer's notes, the front and back of your ticket, and all other information that the officer plans to use against you at trial.
There are several websites that give instructions on how to file an informal request for discovery.
Those I've found useful are reached through Google.
1.Type in Discovery for Traffic Tickets.
Click on the first five websites:
2.Type in get the officer's notes
Click on the first two websites:
The first site tells you how to file for discovery
The second site tells you what to do if your request for discovery is ignored.
2. If you want to download a form rather than writing your own request go to Help! I Got a Ticket! This site also has a tutorial on Traffic Tickets and the person who runs it will answer questions you have about your citation for free. (Ca. Drivers only).

In your case obtaining Discovery would be very helpful in preparing an accurate Trial by Declaration.

DO I HAVE THIS RIGHT or was it a typo?
Citation Date : 8-20-07
Court Date: 10-30-08
The Court Date is stated as October of NEXT year, 14 months after the citation date.

Regards,
Hey There
9-22-07

 

[CdwJava]

Note that few CA police vehicles are equipped with video ... and even if this one HAD been, the odds that it was turned on at the moment of the violation (assuming it happened directly in front of the officer anyway) are very slim.

- Carl