You sound like you are working for the prosecution. I think people should fight for justice as much as possible, time, money, desire and circumstance permitting. It goes against all most of the public's ideas of how a court should work when a judge just sides with the prosecution, and an officer's testimony is held as infallible truth/fact. It is a huge slap in the face to the people when judges act as prosecutors and show so much bias against the defendants. It is unfair that police officer can walk all over the laws and do whatever they want without any consequence (not even a little fine... ). The traffic fines are seen as appropriate means to correct the public behavior, so I say why not fine police for making similar mistakes or showing similar ignorance for the law?Point is, not only was the amendment that was made to the citation deemed proper, but you were also arraigned on the amended charge (was this not discussed at length in this same thread??? Yes it was!!!! But you elected to only read -and follow through on- those opinions which conformed with yours regardless of how wrong they were).
Had your case been remanded back to the lower court as a result of your appealing on the grounds that a 40505 violation had occurred (assuming you even addressed that issue properly in your appeal), then you can bring up the issue of a 40505 violation... But it wasn't... so give it up already!!!!!
I kinda wish the OP had pursued it further, maybe small claims court or file a complaint against the officer and the judge. I dunno what else she could have done but I suppose there must have been something. At least even if in the end she lost her time and money, she might have felt at peace with it or some sense of justice rather than injustice. Anyhow, this is a really good thread and I learned alot from reading it.