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Unsafe Lane Change?

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ilya

Junior Member
California, Placer County

Hi,

I got a ticket for unsafe lane change. I am not sure why I got this. I was signaling every time. I am so used to signaling, I even do it in parking lots and when no one is around at all. But my question is not this, but the following. The police officer made several corrections on the ticket: things are crossed out, the address of the court is illegible, the dates and time are crossed out. Can I argue the number of errors on the ticket itself and relate it to the possibility that the police officer did not pay attention? I have 2 witnesses in the car with me. When I got the notice from the court, it had my name spelled incorrectly. Is there anything I can do? Should I just do traffic school?
Ilya
 


JETX

Senior Member
Can I argue the number of errors on the ticket itself and relate it to the possibility that the police officer did not pay attention
Absolutely. You can argue anything you want.
Of course, the court doesn't have to agree with your argument.

Is there anything I can do?
There are lots of things you can do. What would you like to do?? Want to play Global Thermonuclear War??

Should I just do traffic school?
What?? And miss your chance to argue in court!!
Of course not... go ahead and argue.
 

JIMinCA

Member
Now that you have recieved some of the finest legal advice you will every get, maybe you should let someone else try to help. Can you tell us exactly what the section of the vehicle code you were charged with?
 

VeronicaLodge

Senior Member
you do know there are many ways to unsafely change lanes that have nothing to do with whether you used a turn signal right?
 

fairisfair

Senior Member
you do know there are many ways to unsafely change lanes that have nothing to do with whether you used a turn signal right?
oh dang you Veronica, Jim doesn't care if she actually DID make an unsafe lane change. Hell she could have run over a dog and an old lady.

After all, she used her signal and they spelled her name wrong.
 

JIMinCA

Member
oh dang you Veronica, Jim doesn't care if she actually DID make an unsafe lane change. Hell she could have run over a dog and an old lady.

After all, she used her signal and they spelled her name wrong.

And you as well as the other forum vultures don't care if the cop charged her inappropriately or illegally. After all, the cop gave her a ticket.... so she should just buck up and pay the fine... right?

It must be sunny up on the perch that you sit on. However, I guess that we should all be grateful that we have you here to tell everyone how stupid, irresponsible and guilty they are. Heck, without the valuable service you provide, people may fall into the terrible trap of believing that they actually have rights... that the state has the burden of prosecution... that there is an actuall judicial system in this country. We can't have any of that freedom and democracy around here in "King FairisFair Land", now can we?
 

Hey There

Member
Information is just a click away.

3-8-08
ilya
In California a driver cited for a traffic violation is entitled to Discovery.
Discovery is an Informal Written Request to the D.A. (& citing police officer) that the information the police officer will present at trial be provided to the defendant. This request should include a copy of the Video if one was used, a copy of the officer's notes, a copy of the front and back of the traffic ticket.
If you check at the local library they should have a book or be able to get you a book on fighting traffic tickets in Ca. This book should have a form in the back that you can copy, fill out and have a friend mail a copy requesting Discovery from the D.A. and from the officer who cited you.
There is also a site Help! I Got A Ticket! which has a form that can be downloaded as well as information regarding traffic tickets from the time a driver is cited through the trial.
Discovery for Traffic Tickets typed in on the Google search window should bring up a page of websites with info on Discovery.
Simplified Discovery. The defendant makes the request . Someonelse inserts a copy of the request in an envelope and mails it return receipt request and gives the defendant a proof of mailing.If witnesses will testify this should be noted when making a Discovery request.


California Penal Code 1054.1 through Penal Code 1054.7 covers the requirement that the only way a defendant can obtain
B]imely pretrial discovery[/B] is by the defendant requesting the district attorney
provide materials that will be used as evidence against him at trial.
Penal Code 1054.1 can be accessed by typing it in on Google.
Note: There is nothing in the Penal Code that states a defendant can't make the request of the District Attorney and the citing officer
.
If Discovery isn't obtained then instructions are given in the book and on websites to request a hearing for Dismissal because Discovery hasn't been provided. This is backed by Penal Code 1054.5.
.
(b) Before a party may seek court enforcement of any of the
disclosures required by this chapter, the party shall make an
informal request of opposing counsel for the desired materials and
information. If within 15 days the opposing counsel fails to provide
the materials and information requested, the party may seek a court
order. Upon a showing that a party has not complied with Section
1054.1 or 1054.3 and upon a showing that the moving party complied
with the informal discovery procedure provided in this subdivision, a
court may make any order necessary to enforce the provisions of this
chapter, including, but not limited to, immediate disclosure,
contempt proceedings, delaying or prohibiting the testimony of a
witness or the presentation of real evidence, continuance of the
matter, or any other lawful order. Further, the court may advise the
jury of any failure or refusal to disclose and of any untimely
disclosure.
(c) The court may prohibit the testimony of a witness pursuant to
subdivision (b) only if all other sanctions have been exhausted. The
court shall not dismiss a charge pursuant to subdivision (b) unless
required to do so by the Constitution of the United States.
A copy of the video if one was used is a part of Discovery the police dept. should release to the defendant.

Was this the traffic violation you were cited for?
Turning Movements and Required Signals
22107. No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.

Best Regards,
Hey There
 
Last edited:

Hey There

Member
The Ball is in your court

ilya

The police officer made several corrections on the ticket: things are crossed out, the address of the court is illegible, the dates and time are crossed out. Can I argue the number of errors on the ticket itself and relate it to the possibility that the police officer did not pay attention? I have 2 witnesses in the car with me.
1.Date is crossed out on the ticket.
Was a new date written in?
2.Time is crossed out
Was a different time written in?
3.Court address is illegible
4.What other things are crossed out?
A traffic ticket should have correct information written in a legible manner. Items on the traffic ticket should not be crossed through as there is no way for the officer to prove that he made the changes before the ticket was signed by the cited driver.This is for the officer's protection as well as the cited driver.

Some lawyers will consult for a modest fee,$50.00 or so. A lawyer should be able to tell you if the ticket contains enough errors that the charges can be dismissed or advise you to use the crossed off items on the ticket to challenge the officer's accuracy when you contest the violation you were charged with in court.

I found a notation on police procedure in another state that if the officer makes a mistake on the traffic ticket then he is to void that ticket and write a new one before the driver signs it.
A records clerk at the police station should be able to tell you if traffic tickets with crossed off items are accepted as valid legal documents where they work.
The concern I have with crossed off items on traffic tickets is there is no way to prove if the items were crossed off before or after being signed.


When I got the notice from the court, it had my name spelled incorrectly. Is there anything I can do? Should I just do traffic school?
Ilya
I'm assuming you received a courtesy notice with your name mispelled. How badly was it mispelled?
Does the court there really accept traffic tickets with crossed out items as legal documents ?

Quote
I got a ticket for unsafe lane change. I am not sure why I got this
Ok it's easier to pay the fine and grumble to friends about how unfair the police and court system is, until your friends ask why you didn't fight the ticket when you thought you were wrongly cited.
A blaring horn,a driver braking hard, laying rubber,brakes schreeking, signaling annoyance, taking evasive action to avoid an accident, would indicate that a lane change was made unsafely.
If none of this happened then where is the unsafe lane change?
What you do is your call, but I if you decide to fight there are websites available to help you prepare for your day in court. Type in key words in the Google search window such as How To Fight A Traffic Ticket, Speeding Ticket --Fighting or Plea Bargaining

Best Regards,
Hey There
 

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