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01-25-2005, 01:50 PM
| | Junior Member | | Join Date: Jan 2005
Posts: 8
| | | Need Clarification ASAP before going to an arraignment
What is the name of your state? California
Need some clarifications please!
I will be going to an arraignment very soon for a ticket. I will plead not guilty and point outtwo errors on my ticket to the judge. He or she will rule to dismiss or not to dismiss the ticket. If the judge is not going to dismiss the ticket, would it be too LATE for me to change my not guilty plead to guilty before the arraignment is finished? Thank you! |
01-25-2005, 03:26 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 15,416
| | Quote: |
Originally Posted by bp_justin What is the name of your state? California
Need some clarifications please!
I will be going to an arraignment very soon for a ticket. I will plead not guilty and point outtwo errors on my ticket to the judge. He or she will rule to dismiss or not to dismiss the ticket. If the judge is not going to dismiss the ticket, would it be too LATE for me to change my not guilty plead to guilty before the arraignment is finished? Thank you! | You can probably ask if you can make a motion to change your plea after the judge denies your request for a dismissal based upon the errors.
Keep in mind that rarely are the errors substantial enough to compel a judge or traffic commissioner in CA to dismiss a citation. He would almost have had to give you a ticket from his previous stop to have it dropped ... in other words, it would have to be so wrought with errors that it was useless. Errors such as colors, spelling, and even direction of travel are not likely to have any real bearing.
- Carl
__________________
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! |
01-25-2005, 03:39 PM
| | Junior Member | | Join Date: Jan 2005
Posts: 8
| | | What about not illegible violation code? Part of the violation code the officer wrote is completely illegible. Would that be enough to dismiss a ticket? Thank you! |
01-25-2005, 04:13 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 15,416
| | Quote: |
Originally Posted by bp_justin What about not illegible violation code? Part of the violation code the officer wrote is completely illegible. Would that be enough to dismiss a ticket? Thank you! | If the court could read it, they would clarify it and then give you an appearance date. Also, it will likely be clear on the "courtesy notice" you receive ... IF you receive one.
If the court can't read it, they will send it back to the issuing officer for clarification. So chances are by the time you get to court they will be able to tell you.
- Carl
__________________
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! | |
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