Question on Speeding Ticket in California

[brayner]

What is the name of your state (only U.S. law)? California


I received a ticket about a month ago and after looking over it more I noticed that officer made multiple errors.

1) He spelled my last name wrong
2) He wrote the wrong address
3) He did not write the description of violation on the ticket

Does anything of this play a roll in getting the ticket dismissed?

Thank You

 

[racer72]

None of the errors prevent you from presenting a valid defense to the citation and on there own, are not enough to have the ticket dismissed. In the hands of an experienced attorney, it may provide some leverage. But you have to consider if the cost of hiring an attorney is worth the probably slim chance of having the ticket dismissed.

 

[CdwJava]

What is the name of your state (only U.S. law)? California


I received a ticket about a month ago and after looking over it more I noticed that officer made multiple errors.

1) He spelled my last name wrong
2) He wrote the wrong address
3) He did not write the description of violation on the ticket

Does anything of this play a roll in getting the ticket dismissed?

Thank You

Taken seperately, these issues are not going to be sufficient for a dismissal as these are not elements of the offense, I am sure. Taken together (and assuming the officer had in his hands proof of accurate spelling and address) a case MIGHT be made that the officer lacked attention to detail and may also have provided a similar lack of attention to the violation.

But, if he got the info that he misspelled from old documents or verbally, then it is likely entirely inconsequential.

As for the description of the violation, it is the code section that matters, not the verbage.

- Carl

 

[Maestro64]

Carl

Doesn't CA have some rules or laws about what has to be on the ticket to be valid, i am not taking about clerical error which we know do not mean much but the fact the officer did not record what the person was accused of doing. I would think missing that information would be an automatic dismissal since the person has idea what they are being accused of and therefore can not provide an valid defense.

 

[I_Got_Banned]

I would think missing that information would be an automatic dismissal since the person has idea what they are being accused of and therefore can not provide an valid defense.

The vehicle code section number should be sufficient for anyone to look it up as they prepare a defense.

Come to think of it, the courtesy notice mailed by the court after the fact only list a CVC #; no description.

 

[I_Got_Banned]

Carl

Doesn't CA have some rules or laws about what has to be on the ticket to be valid, i am not taking about clerical error which we know do not mean much but the fact the officer did not record what the person was accused of doing.

I came across this while searching for something else... I'll post it here as an FYI:

CVC 40600(b)

(b) A notice to appear shall contain the name and address of the person, the license number of the person's vehicle, if any, the name and address, when available, of the registered owner or lessee of the vehicle, the offense charged, and the time and place when and where the person may appear in court or before a person authorized to receive a deposit of bail. The time specified shall be at least 10 days after the notice to appear is delivered.​

​

I guess a Vehicle code section by itself does in fact satisfy the "offense charged" requirement as is stated in that code. That's my interpretation of it, at least.

 

[CdwJava]

Carl

Doesn't CA have some rules or laws about what has to be on the ticket to be valid, i am not taking about clerical error which we know do not mean much but the fact the officer did not record what the person was accused of doing. I would think missing that information would be an automatic dismissal since the person has idea what they are being accused of and therefore can not provide an valid defense.

As mentioned in 40600, certain information is required, but incorrect information does not mandate a dismissal. Arguments have been made on the basis of an insufficient complaint but these rarely work.

Not having the code section would be a real problem ... not having the descriptor shouldn't be as the code section explains the section.



- Carl

 

[brayner]

Also I received in the mail a notice to amended citation which changed the violation title to speed


Another question if I try to fight a ticket and lose can I still take traffic school??

 

[CdwJava]

Also I received in the mail a notice to amended citation which changed the violation title to speed


Another question if I try to fight a ticket and lose can I still take traffic school??

You CAN ... in theory.

However, many courts will not allow traffic school once you have taken the stand at a court trial. But, they have to at least consider the traffic school option.

- Carl