Registration ticket changed to an infraction!?!

[CrashXprt]

CALIFORNIA

I received a ticket for no seatbelt and invalid registration on March 30, 2011. The officer marked the registration part as a correctable offense and said I had until my appearance date to show proof of correction. On April 24, the officer filed a "Notice of Correction" wherein he changed the offense to an infraction! I've never heard of this happening anywhere. Is this just a ploy for them to get more $$ because California is strapped? I have put off the ticket by getting an extension and ultimately filing a motion for a trial by declaration. Now I am preparing my declaration and I have a question:

Do I provide the points and authorities for my defense in my declaration? Or do I file a separate motion for dismissal that explains why there are no legal grounds for changing this fix-it ticket to an infraction? Has anyone ever heard of this happening in California?

I fully expect the judge to find against me, so I will file a motion for a trial de novo after this. Then I will ask for all of the discovery or whatever this idiot thinks he has that led him to change the charge against me. I didn't realize that I could do that until I started researching for my declaration.

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

 

[CdwJava]

CALIFORNIA

I received a ticket for no seatbelt and invalid registration on March 30, 2011. The officer marked the registration part as a correctable offense and said I had until my appearance date to show proof of correction. On April 24, the officer filed a "Notice of Correction" wherein he changed the offense to an infraction! I've never heard of this happening anywhere.

On the original citation, did he forget to check the "Infraction" box at the top of the cite? Or, did he accidentally check the "Misdemeanor" box?

A registration violation is a "correctable" infraction at the outset. Unless the amendment indicated that the checked "correctable box" (or "40610") was no longer valid or checked, then I don't think you have anything to concern yourself about.

And even if the officer changed it for some reason, the judge still has the option of making it correctable.

So, get the proof of correction and bring the cite and proof (usually the citation with the signature of compliance on the reverse) to the courthouse. If they do not resolve it for $25 for some reason, then be sure to attend that first court hearing.

 

[CrashXprt]

No. On my original citation, the correctable box was checked next to CVC 4000(a). In the notice of correction, he actually stated "count (2) CVC 4000(a) to be infraction."

I'm thinking the officer might have been bored one day and decided to check my driving record. If he did, he might have noticed that a few years ago I was sent a notice to renew my registration for a truck that I no longer owned. I just ignored it, but eventually I had to take it up with the DMV because it kept showing up as a vehicle I owned that wasn't registered for about 3 years. It was the DMV's fault because they lost the release of liability. Have you ever heard of an officer going to this length for a registration fix-it ticket? Even if he could prove that I didn't register a truck I owned for 2 or 3 years (which he can't), that would be a different vehicle so I think it would be a stretch to say I "persistently neglected" to pay registration for the car I own now.

I'm just going to throw everything I have into the declaration and see what sticks. The worst thing that could happen is I have to file for a trile de novo and state my case in front of the judge. Seems like this officer is making more of a headache for himself than this ticket is worth. Hopefully he won't even file a declaration.

 

[CdwJava]

No. On my original citation, the correctable box was checked next to CVC 4000(a). In the notice of correction, he actually stated "count (2) CVC 4000(a) to be infraction."

That's odd since it is an infraction whether correctable or not.

Unless the amendment removed the "correctable" indication, then you should assume it is correctable as you have little to lose. If the court clerk accepts your $25 and notice of correction (the signed citation) then that part is done. However, since you also have a seatbelt violation chances are the whole matter will have to be addressed in court. You could be found guilty of the seatbelt and have to pay THAT fine, and assessed a $25 admin, fee for the proof of correction on your registration.

Have you ever heard of an officer going to this length for a registration fix-it ticket?

The officer may have had to print out your DMV record to submit with the citation, but this does not sound like it was amended to remove the CVC 40610 indication, only that he may have forgotten to indicate that the offense was an infraction. Regardless of how he indicated it, CVC 4000(a) is an infraction - correctable or not.

I suspect he was correcting the level of the offense indicated, not removing the correctable aspect. Though that would only mean that the CLERK of the court could not sign off the citation. Since the offense includes a non-correctable violation, the clerk couldn't sign it off anyway ... but, the judge/commissioner can.