Traffic Misdemeanor with WRONG Date of Violation,Rec'd NoticeofCorrection;alsoWRONG!

[imshockbombb]

California...May I Contest Based on error in Officers Correction(vc sec40505)?
I was cited for Driving on a Suspended or Revoked License; a Misdemeanor in the state of Califormia. The officer that cited me AND impounded my vehicle noted the date of the violation on the ticket (at the top) with the INCORRECT date(11/8/05). She dated it with the CORRECT date(11/9/05) next to her signature(at the bottom). Okay, so THEN about a week later(11/17/05), I rec'd via US Mail a duplicated form Titled "Notice of Correction and Proof of Service (vehicle code sec 40505)". . . Now here's where my "wonder" lies ; The form layout is as follows:
Note: I've noted the officer's entries below in BOLD letters.
1. A Notice to Appear/Notice to Correct Violation was issued to you by an officer of this dept. on(date): 11/15/2005 WRONG
2. The citation issued to you contained an error as indicated by the items checked below. This notice of correction does not affect the validity of the citation or the required court appearance.
Date/time of violation should be: 11/9/05 at 0235am
etc. etc.
Date: 11/15/2005 (Signature of the officer)

[CdwJava]

Originally Posted by imshockbombb

Now here's where my "wonder" lies ; The form layout is as follows:
Note: I've noted the officer's entries below in BOLD letters.
1. A Notice to Appear/Notice to Correct Violation was issued to you by an officer of this dept. on(date): 11/15/2005 WRONG
2. The citation issued to you contained an error as indicated by the items checked below. This notice of correction does not affect the validity of the citation or the required court appearance.
Date/time of violation should be: 11/9/05 at 0235am
etc. etc.

The clerical error on the notice mailed to you will not be grounds to dismiss the citation.

The fact that a clerk put in the wrong date is not going be a defense for the act.

You face a misdemeanor offense with the possibility (though slim) of jail time attached. You would be well-advised to speak to an attorney on the matter and not try to dink around in court with games involving dates and times.

- Carl

[justalayman]

Actually I don't see anything wrong with the notice of correction. It states the CORRECTION was issued 11/15/05. This being confirmed by the date at the signature.

The correction was to amend the date on the traffic citation to the correct to the true date of 11/09/05 as stated.

[CdwJava]

It sounds as if he is claiming that the amendment notice stated that the citation was issued on 11/15/05 ... but that's a minor and inconsequential error, anyway.

- carl

[justalayman]

Originally Posted by CdwJava

It sounds as if he is claiming that the amendment notice stated that the citation was issued on 11/15/05 ... but that's a minor and inconsequential error, anyway.

- carl

1. A Notice to Appear/Notice to Correct Violation was issued to you by an officer of this dept. on(date): 11/15/2005

That's why I believe this refers to the correction itself was issued on the 15th.

BTW good to see you back.and you were away toooooooooo long...

[CdwJava]

Originally Posted by justalayman

That's why I believe this refers to the correction itself was issued on the 15th.

BTW good to see you back.and you were away toooooooooo long...

Thanks!

And I really wasn't gone for too long ... away for 3 days entirely, and busy with other distractions for the week prior to leaving.

It's good to be missed.

- Carl

[imshockbombb]

Originally Posted by CdwJava

Thanks!

And I really wasn't gone for too long ... away for 3 days entirely, and busy with other distractions for the week prior to leaving.

It's good to be missed.

- Carl

That's just IT!...It DOESN'T (date 11/15/05) refer to date notice of correction was issued.. Here's WHY...The first date referenced by the officer on the correction is meant to desdcribe the date that the initial contact was made by the officer with the defendant. If it wasn't meant for THAT PARTICULAR DATE, then I don't believe the next part of this notice would word as follows:The citation issued to you (referrencing the aforementioned citation and date)contained an error as indicated by the items checked below...ALSO on the reverse of this notice is a Proof of Service- which the officer failed to sign or date(unless she isn't required to sign MY part of the triplicate form???) Even STILL- At the bottom of this form it says Form Adopted for Mandatory Use. Judicial Council of California TR-100.
If this form is SO MANDATORY- then the original mistake MUST be questionable, NOT-TO-MENTION the mistake made in the Notice of Correction, DEFEATING the PURPOSE of the Form's ENTIRE USE?? No?
Am I Grasping at Straws??

[imshockbombb]

Originally Posted by CdwJava

Thanks!

And I really wasn't gone for too long ... away for 3 days entirely, and busy with other distractions for the week prior to leaving.

It's good to be missed.

- Carl

That's just IT!...It DOESN'T (date 11/15/05) refer to date notice of correction was issued.. Here's WHY...The first date referenced by the officer on the correction is meant to desdcribe the date that the initial contact was made by the officer with the defendant. If it wasn't meant for THAT PARTICULAR DATE, then I don't believe the next part of this notice would word as follows:The citation issued to you (referrencing the aforementioned citation and date)contained an error as indicated by the items checked below...ALSO on the reverse of this notice is a Proof of Service- which the officer failed to sign or date(unless she isn't required to sign MY part of the triplicate form???) Even STILL- At the bottom of this form it says Form Adopted for Mandatory Use. Judicial Council of California TR-100.
If this form is SO MANDATORY- then the original mistake MUST be questionable, NOT-TO-MENTION the mistake made in the Notice of Correction, DEFEATING the PURPOSE of the Form's ENTIRE USE?? No?
Am I Grasping at Straws??

[seniorjudge]

Am I Grasping at Straws??

[url]www.savah.com.au/images/skaw/straws.jpg[/url]

[imshockbombb]

Originally Posted by CdwJava

The clerical error on the notice mailed to you will not be grounds to dismiss the citation.

The fact that a clerk put in the wrong date is not going be a defense for the act.

You face a misdemeanor offense with the possibility (though slim) of jail time attached. You would be well-advised to speak to an attorney on the matter and not try to dink around in court with games involving dates and times.

- Carl

Okay, so then why is the "Officer," NOT just some random "Clerk" required to make a correction in the first place, AND have a proof of service by mail signed on the reverse-to top-it-off?

[CdwJava]

You're grasping at straws.

Sorry.

I have never known a date or time to be the cause of a citation's dismissal. Arguing that the correction form referred to the wrong date certainly won't fly. The fact that the amendment erroneously referred to the date of the citation as 11/15 will be irrelevent. The notice corrected the date of citation to 11/9/05 at 0235 hours ... that's the important part.

The citation has been amended. Now you need to attend court and either defend your actions or pay the fine (attend traffic school, etc.).

- Carl

[imshockbombb]

Originally Posted by seniorjudge

Am I Grasping at Straws??

[url]www.savah.com.au/images/skaw/straws.jpg[/url]

You've GOT-2-Be Kidding Me??? Or "NOT"? Thanks for the brain time though!!!

[CdwJava]

Originally Posted by imshockbombb

Okay, so then why is the "Officer," NOT just some random "Clerk" required to make a correction in the first place, AND have a proof of service by mail signed on the reverse-to top-it-off?

Because the notice of correction is also submitted to the court to show that the date has been properly noticed. It COULD be amended in court. but this could result in a delay. As with all things it is best to amend early on so that the issue is moot in court and they can deal with the offense(s) in question and not clerical issues.

You don't have to believe me. But in 15 years I have yet to see ANY citations dismissed on the basis of a written erroneous date or time of issue - though I have heard of it occuring in rare instances. And I have NEVER heard of it being dismissed for an error on the notice of correction.

But, go to court and challenge it on that basis. It's your right to try. Just keep in mind that if you take the podium at trial that you may lose the right to traffic school. Most traffic courts in CA don't offer traffic school if found guilty after you take the stand at trial.

Oh, and depending on the size of the agency it could very well be a clerk that filled it out. My current agency is the first one I have worked at (I've been at three agencies) where I have had to fill out my own correction notices.

- Carl

[imshockbombb]

[quote=CdwJava]You're grasping at straws.

Sorry.

I have never known a date or time to be the cause of a citation's dismissal. Arguing that the correction form referred to the wrong date certainly won't fly. The fact that the amendment erroneously referred to the date of the citation as 11/15 will be irrelevent. The notice corrected the date of citation to 11/9/05 at 0235 hours ... that's the important part.

The citation has been amended. Now you need to attend court and either defend your actions or pay the fine (attend traffic school, etc.).

- Carl[/QUOTEAlrighty then Carl. You MUST KNOW what you're sharing your knowledge on. I'm just in NO position to get ANOTHER 1 of these darn convictions- the jail-time is truly getting steep!!
Thanks 4 the INPUT though. Trina Shockey ]

[justalayman]

OK shockbomb, your right. Don't even bother showing up in court at all. If I were you I would just ignore the whole thing.

Better yet, turn it upside down. It looks like an idiot wrote it. Photocopy it upside down and send it to the clerk that issued it and tell them it must be in some foreign language and you can't read it so it should be thrown out.


Even if you dispute the correctness of what you recieved, you have been advised that that error alone would not be a fatal error and cause the citation to be tossed.

Got a simple question: Did you sign the citation. If so then you falsified official government documents and can be charged with at least 6 felonies. Well if you did sign it, you were there no matter what the date was and will be held accountable.