what is a 22123(9) CVC?

[Damon Graddy]

California

I received a citation which has an incorrect code/section number on it.
I am pretty sure the officer wanted to write 23123(a) cell phone citation.
She did get the discription reasonably correct.
How much importance would the court put on accuracy of the VC and section as indicated on a citation?

 

[I_Got_Banned]

How much importance would the court put on accuracy of the VC and section as indicated on a citation?

Probably not much... She knows what she cited you for, you know what you were cited for... All is good in the world. Basically a typo... We all make them.

 

[racer72]

I have seen this type of mistake result in a dismissal of a ticket. Your defense is that you cannot provide a legal defense to the citation because of the error. As a defendant, it is not up to you to search the statutes for the correct one. Also ask that the citation be dismissed with prejudice, this will prevent you from being cited again for the same thing.

 

[Maestro64]

Racer72 is correct, a ticket must clearly call out the offense and the section of the vehicle code you are accused of violating. If this is not correct then there is no way for you to defend against violation which you never committed.

Court would like to believe mistake and typo are okay, which only true for those items which are not an element of the offense, like you name being type wrong or your home address being wrong. But not identify the offense properly is and element of the offense.

 

[I_Got_Banned]

I think we should keep in mind that this could be a case of the OP exaggerating the inability to read the "3" which can look similar to a "2" and the "a" which could easily look like a "9" when they are hand written.