Speeding in California

[scootz]

What is the name of your state? California

When receiving my speeding citation (41 in a 25) I noticed that the officer wrote the date as 02-29-2006. As this is an invalid date, can I have this ticket dismissed and do I have to go before a judge to have it done?

Scootz

 

[seniorjudge]

What is the name of your state? California

When receiving my speeding citation (41 in a 25) I noticed that the officer wrote the date as 02-29-2006. As this is an invalid date, can I have this ticket dismissed and do I have to go before a judge to have it done?

Scootz

The defective date has no bearing on whether you were speeding.

 

[cdswade]

Reply

I always appreciate the seniorjudges responses... Though I must admit having read over several during these months, he's not an advocate for defendants.

ABSOLUTELY, the date is an issue. Any attorney would make HAY out of that. Why?
Is the ticket accurate?
Does he recall the incident?
Can he remember you?
Is he sure it was you?
Does he recall your clothing?
Does he recall the weather?
Where was his vehicle?
Where did he stop you?
Is he sure he was in a position to know?

How can he know the ticket was accurate, authentic, and correct, if he can't recall you, can't be voi dired on it's accuracy, AND have the date wrong? Yeah, I would definately get a jury trial, keep my mouth shut until I was infront of the jury, then on Cross exam of the officer absolutely bring all of his ascertions into question. If the date is wrong on the ticket, the prosecutor has to rely on his memory (the officers). Tear it a part.

 

[CdwJava]

What is the name of your state? California

When receiving my speeding citation (41 in a 25) I noticed that the officer wrote the date as 02-29-2006. As this is an invalid date, can I have this ticket dismissed and do I have to go before a judge to have it done?

Scootz

To have it dismissed you would have to go before a judge and make the proper motion. However, the officer still has ample time to amend the citation, and the erroneous date is not likely to be a grievous error - especially if it was supposed to have been issued on March 1st ... the day after the 28th.

A judge may - or may not - consider this an issue. If you want to stand the best chance of beating it, consult an attorney.

- Carl

 

[CdwJava]

ABSOLUTELY, the date is an issue. Any attorney would make HAY out of that. Why?
Is the ticket accurate?
Does he recall the incident?
Can he remember you?
Is he sure it was you?
Does he recall your clothing?
Does he recall the weather?
Where was his vehicle?
Where did he stop you?
Is he sure he was in a position to know?

Okay ... the questions are okay, but the issue of clothing and maybe even the weather may not be relevant. As long as there were no unusual conditions present on the road (like rain or ice), it is not likely to matter if it were sunny or cloudy. And clothing?? I couldn't tell you what my WIFE was wearing yesterday, much less what someone I stopped on a traffic stop was wearing a couple months ago! Clothing would be almost entirely irrelevent unless that was the manner in which ID was made.

And identification can be made at the scene by comparing the photo on the driver's license to the driver, and the signature on the citation to the signature on the license.

Yeah, I would definately get a jury trial, keep my mouth shut until I was infront of the jury,

Traffic infractions are eligible only for a court trial (i.e. no jury - just a judge) in CA.

- Carl