Officer wrote my name incorrectly on ticket-dismissal?

[dave la]

i AM IN CALIFORNIA and received a ticket for not properly stopping at a stop sign-law# 22450.(a) .
The officer wrote my name incorrectly and he wrote the wrong city on the ticket(van nuys but it happened in sherman oaks).
Can i have the ticket dismissed on these typos?

Thanks

[CdwJava]

Originally Posted by dave la

i AM IN CALIFORNIA and received a ticket for not properly stopping at a stop sign-law# 22450.(a) .
The officer wrote my name incorrectly and he wrote the wrong city on the ticket(van nuys but it happened in sherman oaks).
Can i have the ticket dismissed on these typos?

Thanks

That depends on whether the license number is the same or how far off the name was from what was on your license. As for the city, who wrote the citation? CHP? In any event, as both are within Los Angeles County, as long as the intersection is correct, jurisdiction should not be a problem.

The only thing that might come from pointing these out is that you might be able to paint the officer as inattentive that day. It's slim, but if it is all you got, and you do not want traffic school, then you can give it a try and hope you prevail (or that the officer does not show up).

- Carl

[Banned_Princess]

You certainly have a better chance at dismissal if the cop doesn't show up. I can not see a ticket being dismissed because of typo's I mean, they are writing them by hand.

[dave la]

damn,on top of the typos the ticket isnt in their system yet after a month when i call up...havent received a courtesy notice and its been a month....Then today i get a notice of correction to the ticket...The officer wrote the wrong date-i hadnt even noticed that- 2008 instead of 2009!!!So he spelled my name wrong,my wifes name wrong(owner of car) and got the wrong date and wrong neighborhood written in there...This correction notice says that the ticket is still valid and not dismissed etc...Its just a cheap affidavit notice signed by the officer...Whats the best way to fight this?Thanks

[Banned_Princess]

Wow, could he have gotten anything else wrong?

Geez.

I still dont know if you can dismiss it, You definately have to wait for it to come on the system.

[I_Got_Banned]

Originally Posted by dave la

(van nuys but it happened in sherman oaks).

Both of those "cities" and although they have different zip codes, fall within the City of Los Angeles (and both are in L A County). Both "areas" are patrolled by LAPD and of course, CHP has jurisdiction as well. Citiations in either will be referred to the Los Angeles Superior Court in Van Nuys (2 locations... If you are a Juvenil, then you go to Van Nuys Courthouse East,
6230 Sylmar Ave, Van Nuys, CA 91401, if you are an adult, you go to Van Nuys Courthouse West, 14400 Erwin St. Mall, Van Nuys, CA 91401).

If you do plan to fight it and request dismissal based on the errors, and assuming its the little old lady judge (can't remember her name but God bless her heart, nevertheless), Good luck...

[I_Got_Banned]

Originally Posted by dave la

damn,on top of the typos the ticket isnt in their system yet after a month when i call up...havent received a courtesy notice and its been a month....Then today i get a notice of correction to the ticket...

If you just received the Notice of correction today, it should probably be in the system within the system soon. My guess is it was returned to the PD by the court to have the date corrected and has not been entered in the system as of yet.

[dave la]

Ticket is still not in the sytem.
Today is Oct 1...ticket was issued aug 17!!!
Ticket said to come to court or pay it on October 1..
So i went to court today and wanted the ticket dismissed.They said i have to wait.I asked to see a judge.They said i can only see a judge once tocket is in system.This is ridiculous.I did my part but they have failed.I igure i should be able to get it dismissed on this delay alone on top of all the typos on the ticket.
What recourse do i have here?How can i get a judge's ear?Thanks

[I_Got_Banned]

Originally Posted by dave la

Ticket is still not in the sytem.
Today is Oct 1...ticket was issued aug 17!!!

Keep checking... They have up to a full year to file it.

Originally Posted by dave la

Ticket said to come to court or pay it on October 1..
So i went to court today and wanted the ticket dismissed.

That won't happen...

Originally Posted by dave la

I did my part but they have failed.

They haven't "failed yet"... They still have until August 17th, 2010.

Originally Posted by dave la

What recourse do i have here?How can i get a judge's ear?Thanks

Wait until the ticket is in the system and then request a court appearance.

[Jim_bo]

Originally Posted by I_Got_Banned

Keep checking... They have up to a full year to file it.

I have seen several people say this, but I have never seen a statute that says this. The only statute I have seen says:

40506. The officer shall, as soon as practicable, file a copy of
the notice with the magistrate or before a person authorized by the
magistrate or judge to receive a deposit of bail specified therein,
and a copy with the commissioner, chief of police, sheriff or other
superior officer of the arresting officer.

I would suggest that if the cop didn't file the ticket with the court by the time of the date on the notice to appear, then the defendant is no longer obligated to appear despite any courtesy notices that may be issued unless a subpoena is issued and properly served on the defendant.

If the defendant does appear, I would suggest that there should be a motion for dismissal made to the court as the cop failed to comply with the above statute.

[dave la]

Yeah that is my point.
The ticket said i had to appear/resolve issue on OCT 1.
If i dont appear i get a warrant but if the cop doesnt show up they get to relax for a year till they figure out how to fix their incompetence?Seems like the courts have 2 standards and are not abiding by their own laws:defendant has to appear,prosecution doesnt.In fact prosecution can fail to appear yet the case is still open.
This is a perversion.The traffic court clerks really do not want to help in this matter obviously since this is about making money for the state and they are about as quota crazy as parking enforcement drones.
Dont i have a right to see a judge?Cant i make an appt somehow?

[I_Got_Banned]

Originally Posted by dave la

The traffic court clerks really do not want to help in this matter

How is the traffic clerk supposed to help you with a ticket that is not in their system?

Originally Posted by dave la

obviously since this is about making money for the state

I say it has more to do with you "allegedly" running a stop sign... In fact, had you not been cited, you wouldn't have had to deal with any of this.

Originally Posted by dave la

Dont o have a right to see a judge?

Sure you do!!!

Originally Posted by dave la

Cant i make an appt somehow?

An appointment to see the judge is usually in the form of a court appearance. That, however, can only be scheduled after the citation is in the system. So keep checking...

[Jim_bo]

IGB,

You didn't answer my question. What statute says that the cop has a year to file the ticket??

[Zigner]

Californa Penal Code:

802. (a) Except as provided in subdivision (b), (c), or (d),
prosecution for an offense not punishable by death or imprisonment in
the state prison shall be commenced within one year after commission
of the offense.
(b) Prosecution for a misdemeanor violation of Section 647.6 or
former Section 647a committed with or upon a minor under the age of
14 years shall be commenced within three years after commission of
the offense.
(c) Prosecution of a misdemeanor violation of Section 729 of the
Business and Professions Code shall be commenced within two years
after commission of the offense.
(d) Prosecution of a misdemeanor violation of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code shall be commenced as follows:
(1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the
Business and Professions Code, within one year of the commission of
the offense.
(2) With respect to Sections 7027.1, 7028.1, 7028.15, 7118.4,
7118.5, 7118.6, 7126, 7153, 7156, 7157, 7158, 7159.5 (licensee only),
7159.14 (licensee only), 7161, and 7189 of the Business and
Professions Code, within two years of the commission of the offense.

(3) With respect to Sections 7027.3 and 7028.16 of the Business
and Professions Code, within three years of the commission of the
offense.
(4) With respect to Sections 7028, 7159.5 (nonlicensee only) and
7159.14 (nonlicensee only), of the Business and Professions Code,
within four years of the commission of the offense.
(e) This section shall become operative on July 1, 2005, only if
Senate Bill 30 of the 2003-04 Regular Session is enacted and becomes
effective on or before January 1, 2005.

[I_Got_Banned]

Good find Zigner... Thanks!

Well, ^there^ you go Jim-bo....

Your turn; can you post a statute that supposts your suggestion that the court should even consider a dismissal if the citation is not filed by the date on his citation?