Police report for stop-sign ticket: wrong gender referral & missing info

[acherrypuff]

What is the name of your state? California

I was cited by a police officer in SF back in Jan for running over a stop-sign (which I know I did make a complete stop) . I had my arraignment, and I've scheduled my trial already after I got a chance to see the police report. I noticed the officer has missed quite a couple important pieces of information:

(1) The officer identified me as "he" 4 times throughout the whole report, while I am indeed a female. My question is if the police officer allowed to use "he" as a general time to refer to the cited person? Or the report needs to be gender-specific? If so could I use it as a challenge for my trial?

(2) The officer failed to include the fact that there was a passenger (whom will be my witness) in my car on his report. He also failed to mention the number of cars that were also using the intersection during the incidence. Could I use that as a challenge?

(3) I made a word document that includes all things happened when i was cited a few days after I was cited. The document has never been modified and the creation and modified dates are clearly shown on the property. I am just curious am I allowed to bring my laptop to the court room to show it to the judge?

(4) The officer said on the report that he was on duty that day and he parked his car right at the corner while he was on duty. However, me and my boyfriend came back to the same spot 1 hour later that day to take pictures for preparation of the trial, and the police car was actually parked 3-4 houses down from the corner when we were there. My boyfriend has taken numerous pictures of all views of the corner, and the pictures clearly show the police car wasn't in view at all. Would it be worthy for us to show these pictures during the trial?

Many thanks for answering my questions~ Any advices on how I should do or approach for my case will also be highly appreciated.

[CdwJava]

Originally Posted by acherrypuff

I was cited by a police officer in San Francisco back in mid-Jan for running over a stop-sign (which I know I did make a complete stop) . I had my arraignment yesterday, and I've scheduled my trial already after I got a chance to see the police report. I noticed the officer has missed quite a couple important pieces of information:

Wait ... the officer wrote a REPORT for you running a stop sign?? Were you an unlicensed driver? Was there a crash? Did your car get impounded?

I have NEVER seen a written report for an infraction ... notes on the citation, yes - a report, no.

(1) The officer identified me as "he" 4 times throughout the whole report, while I am indeed a female. My question is if the police officer allowed to use "he" as a general time to refer to the cited person? Or the report needs to be gender-specific? If so could I use it as a challenge for my trial?

"He" tends to be generic. As long as the identification is not in question, this is not likely to be as issue.

(2) The officer failed to include the fact that there was a passenger (whom will be my witness) in my car on his report. He also failed to mention the number of cars that were also using the intersection during the incidence. Could I use that as a challenge?

Not really. Why would he concern himself with the number of cars using the intersection? It is not an element of the offense.

And all that happens by his failing to mention a passenger is that it will be hard for him to deny the presence at the scene of any witness you bring to court.

(3) I made a word document that includes all things happened when i was cited a few days after I was cited.

You were cited a few days after you were cited?? Can you clarify, please?

The document has never been modified and the creation and modified dates are clearly shown on the property. I am just curious am I allowed to bring my laptop to the court room to show it to the judge?

I doubt the judge will care. You can relate what you want to the court. It's presence on the computer would only show when you wrote it - not the veracity of the recollections recorded there.

(4) The officer said on the report that he was on duty that day and he parked his car right at the corner while he was on duty. However, me and my boyfriend came back to the same spot 1 hour later that day to take pictures for preparation of the trial, and the police car was actually parked 3-4 houses down from the corner when we were there.

Okay. So he parked in a different place the night of the citation. You can ask on cross examination in court for him to clarify the location, or even if he parks in the same spot all the time, but the fact that he parks in different places does not mean he was in error about where he parked that night.

Plus, being parked "at the corner" is a term that could be subject to interpretation. I could be parked a couple houses in and still refer to it as being on the corner - or at least, WATCHING the corner. Hence the reason you may want to ask for his clarification to establish if he had a clear view of the limit line or not.

My boyfriend has taken numerous pictures of all views of the corner, and the pictures clearly show the police car wasn't in view at all. Would it be worthy for us to show these pictures during the trial?

You can give it a go.


- Carl

[acherrypuff]

Originally Posted by CdwJava

Wait ... the officer wrote a REPORT for you running a stop sign?? Were you an unlicensed driver? Was there a crash? Did your car get impounded?

=> Nope. There wasn't any crash at all. Indeed, the office made claims saying I ran over a stop sign w/ 15mph while there was a car on my right hand side about to make a left turn. However, the fact is that car didn't have its headlight on all time, didn't come into the intersection until I was 1 block down, and my passenger told me that car was actually pulled over at the instant when we approached and made stop at the stop sign. Also if what the officer claimed was correct, there had to be either a car crash or at least the driver would have horned me for my dangerous moment. The fact it, that car remained motionless (didn't even come close to the limit line at all) and the car wasn't in rear mirror view of my car for the turn at least after I've driven 1 block down.

Originally Posted by CdwJava

You were cited a few days after you were cited?? Can you clarify, please?

=> Opps... I meant I wrote down what have happened a few days after I was cited since I was determined to fight for my case even the day when I was cited for the ticket (since I knew I did make a complete stop before the limit line).

Get a copy of Fight Your Ticket at the bookstore or library.

NACOL

Originally Posted by acherrypuff

What is the name of your state? San Francisco, California

I was cited by a police officer in San Francisco back in mid-Jan for running over a stop-sign (which I know I did make a complete stop) . I had my arraignment yesterday, and I've scheduled my trial already after I got a chance to see the police report. I noticed the officer has missed quite a couple important pieces of information:

(1) The officer identified me as "he" 4 times throughout the whole report, while I am indeed a female. My question is if the police officer allowed to use "he" as a general time to refer to the cited person? Or the report needs to be gender-specific? If so could I use it as a challenge for my trial?

(2) The officer failed to include the fact that there was a passenger (whom will be my witness) in my car on his report. He also failed to mention the number of cars that were also using the intersection during the incidence. Could I use that as a challenge?

(3) I made a word document that includes all things happened when i was cited a few days after I was cited. The document has never been modified and the creation and modified dates are clearly shown on the property. I am just curious am I allowed to bring my laptop to the court room to show it to the judge?

(4) The officer said on the report that he was on duty that day and he parked his car right at the corner while he was on duty. However, me and my boyfriend came back to the same spot 1 hour later that day to take pictures for preparation of the trial, and the police car was actually parked 3-4 houses down from the corner when we were there. My boyfriend has taken numerous pictures of all views of the corner, and the pictures clearly show the police car wasn't in view at all. Would it be worthy for us to show these pictures during the trial?

Many thanks for answering my questions~ Any advices on how I should do or approach for my case will also be highly appreciated.

-Amy

(1) The pronoun "he" in the English language includes males and females.

(2) Irrelevant.

(3) No; the judge will want you to testify from your own memory. There is no hearsay exception for the kind of document you created.

(4) The officer obviously saw you. The judge may look at the pictures but more likely than not, he will say they are irrelevant and not allow them into evidence. That is because WHERE the cop was is not important; just that he saw you.


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Other people may give you other advice; stand by.

[Curt581]

Originally Posted by acherrypuff

What is the name of your state? San Francisco, California
I was cited by a police officer in San Francisco back in mid-Jan for running over a stop-sign (which I know I did make a complete stop) . I had my arraignment yesterday, and I've scheduled my trial already after I got a chance to see the police report. I noticed the officer has missed quite a couple important pieces of information:

(1) The officer identified me as "he" 4 times throughout the whole report, while I am indeed a female. My question is if the police officer allowed to use "he" as a general time to refer to the cited person? Or the report needs to be gender-specific? If so could I use it as a challenge for my trial?

Being from San Francisco, perhaps the officer thought you were a bit androgynous. He was probably just being politically correct. An honest mistake.

(2) The officer failed to include the fact that there was a passenger (whom will be my witness) in my car on his report. He also failed to mention the number of cars that were also using the intersection during the incidence. Could I use that as a challenge?

Sure. After all, it really makes a difference that the officer didn't count how many other cars used the same intersection.

(3) I made a word document that includes all things happened when i was cited a few days after I was cited. The document has never been modified and the creation and modified dates are clearly shown on the property. I am just curious am I allowed to bring my laptop to the court room to show it to the judge?

Yup... you're a female. No guy would be that pointlessly anal.

Well, maybe the guy studying the California traffic surveys, but he's the only one.

(4) The officer said on the report that he was on duty that day and he parked his car right at the corner while he was on duty. However, me and my boyfriend came back to the same spot 1 hour later that day to take pictures for preparation of the trial, and the police car was actually parked 3-4 houses down from the corner when we were there. My boyfriend has taken numerous pictures of all views of the corner, and the pictures clearly show the police car wasn't in view at all. Would it be worthy for us to show these pictures during the trial?

Can he prove he was on duty that day?

Your pictures clearly don't show the police car, because very few police cars are fixed objects.

You should have no problems showing that the officer couldn't have seen you, since your pictures show the police car wasn't even in the area when the pictures were taken.
Proof positive.

Many thanks for answering my questions~ Any advices on how I should do or approach for my case will also be highly appreciated.
-Amy

When you go to court, don't forget your checkbook.

Just in case.