OneTwoTree
Member
What is the name of your state? What is the name of your state? California.
So.. I have been caught not stopping all the way. I was lost in Culver City, and made a wrong turn, upon the pressure of ongoing traffic I decided to loop back around the block asap instead of forcibly halting traffic, I tap the breaks and turn right. Then the dreaded FLASH hits me. Almost a week later I get the letter sent to me, " Notice of violation" and "Notice to appear". There's an address, but no bail amount is seen anywhere.
Here's the catch, they accuse my brother instead of me! We look alike, and he has a solid alibi to prove that he was not the one driving and he can use the attached paper to disprove the claim and identfy the driver as me, the real perpetrator.
I know that it sounds really evil for me to do this, but I want to see if I could use this error to my advantage to save a couple hundred dollars.
My current plan is that I'm going to use cvc 40518. It still hasn't been 15 days since the infraction but until then, I am going to wait for the 15 days to pass and then have my brother submit the true identity claim, leading to me trying to dismiss it. Will it work? Can they amend all of that information and shift it to me?( And yes I will treat my brother for an expensive dinner if it works)
(For reference: "Whenever a written notice to appear has been issued by a peace officer or by a qualified employee of a law enforcement agency on a form approved by the Judicial Council for an alleged violation of Section 22451, or, based on an alleged violation of Section 21453, 21455, or 22101 recorded by an automated traffic enforcement system pursuant to Section 21455.5 or 22451, and delivered by mail within 15 days of the alleged violation to the current address of the registered owner of the vehicle on file with the department, with a certificate of mailing obtained as evidence of service, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea." The bold wording keeps me awake at night because it is correct and they technically fufilled that part.)
So.. I have been caught not stopping all the way. I was lost in Culver City, and made a wrong turn, upon the pressure of ongoing traffic I decided to loop back around the block asap instead of forcibly halting traffic, I tap the breaks and turn right. Then the dreaded FLASH hits me. Almost a week later I get the letter sent to me, " Notice of violation" and "Notice to appear". There's an address, but no bail amount is seen anywhere.
Here's the catch, they accuse my brother instead of me! We look alike, and he has a solid alibi to prove that he was not the one driving and he can use the attached paper to disprove the claim and identfy the driver as me, the real perpetrator.
I know that it sounds really evil for me to do this, but I want to see if I could use this error to my advantage to save a couple hundred dollars.
My current plan is that I'm going to use cvc 40518. It still hasn't been 15 days since the infraction but until then, I am going to wait for the 15 days to pass and then have my brother submit the true identity claim, leading to me trying to dismiss it. Will it work? Can they amend all of that information and shift it to me?( And yes I will treat my brother for an expensive dinner if it works)
(For reference: "Whenever a written notice to appear has been issued by a peace officer or by a qualified employee of a law enforcement agency on a form approved by the Judicial Council for an alleged violation of Section 22451, or, based on an alleged violation of Section 21453, 21455, or 22101 recorded by an automated traffic enforcement system pursuant to Section 21455.5 or 22451, and delivered by mail within 15 days of the alleged violation to the current address of the registered owner of the vehicle on file with the department, with a certificate of mailing obtained as evidence of service, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea." The bold wording keeps me awake at night because it is correct and they technically fufilled that part.)
