appealing a red light traffic violation legal error?

[demurringdude]

That is interesting. I am surprised that the police officer thought he could amend the ticket like that, and I'm equally surprised that the court thought it was OK.

A copy of the amended ticket with the idiotic initialling of the change will be an excellent addition to your appeal papers. It proves conclusively that the change was made improperly.

Your other comments are all spot-on.

 

[potsnpea]

http://images.freeadvice.com/images_forum/editor/menupop.gif

Would it be good to add these two errors in addition to the first longer one.





Error number 2

The judge allowed the police officer to make a motion to change the charge. The police officer is not an attorney and is not allowed to do any legal act in court. He is there only to give evidence so the judge erred in even allowing the motion to be made.



How this harmed me:
This motion harmed me because it set the precedence in the trial that the officer was a prosecuter rather than witness.


Error number 3

The judge granted the motion of changing the violation code number during the trial. This was not the proper time to grant an amendment.

How this harmed me:
This granting of the motion also set the precedence in the trial and did not give me a sense that my rights were being honored. This further hindered my ability to defend myself. Again I was caused to change my defense suddenly without proper notice to give me time to prepare.

 

[potsnpea]

Is the police officer considered the prosecutor?

There are a few questions about what the prosecutor did.




The appeal papers want me to give a complete and accurate summary of the testimony that I gave in the trial. A lot was said in regards to the tree and confusing way the light was set up.

Since I am going on the one detail of the code being changed do I still give a summary of all the other details?


Then there is this question that they ask you to check off or not

There was not substantial evidence that supported the judgment, order or other decisions I am appealing in this case (Explain why you think the judgment, order decision was not supported by substantial evidence.


Should I write

The court proceedings were about proving I committed a different crime than what I was originally charged with. I went in being charged with one crime and I came out being charged with another. Thus there was no evidence presented to prove I committed the crime I was charged with.

 

[demurringdude]

Would it be good to add these two errors in addition to the first longer one.

If it was me, I would not add those. They are repetitive of the central argument that the ticket was not amended the correct way. I don't think it is necessary to argue individually against each instance of an incorrect attempt to amend. The record shows they didn't use the correct procedure, and that is sufficient.

 

[demurringdude]

Is the police officer considered the prosecutor?

In theory he is not. In theory, he is a witness only. But I wouldn't get into that in your appeal, it is not essential to your argument..

Should I write

The court proceedings were about proving I committed a different crime than what I was originally charged with. I went in being charged with one crime and I came out being charged with another. Thus there was no evidence presented to prove I committed the crime I was charged with.

Regarding testimony, I would write something like this;

I was charged with violating Vehicle Code 21463. No testimony or evidence was introduced that I violated this section of the code. Instead, evidence was introduced that I violated a different section of the code, for which I had not been properly cited or arraigned.

 

[Zigner]

I am looking forward to seeing the result of this case

Despite all the help, I predict a negative outcome for the OP (for reasons I've already given).
Furthermore, I don't expect to hear the truth from the OP when the negative decision is handed down.

Enjoy

 

[demurringdude]

Despite all the help, I predict a negative outcome for the OP (for reasons I've already given).

The outcome may well be negative, since you can never predict anything with certainty. But I am willing to wager that it will not be for the reason you gave, which was complete rubbish.

 

[demurringdude]

By the way, the police officer committed a criminal offense by secretly writing on your ticket and not sending you a copy. See Vehicle code 40505.

 

[potsnpea]

That is interesting. I am surprised that the police officer thought he could amend the ticket like that, and I'm equally surprised that the court thought it was OK.

.

Me too.
I don't think the judge realized that the police officer had changed it the way he did either.

The judge was very eager to let it be changed.

I am surprised the judge went ahead and said he would amended it in court if that is not allowed either.
The judge could have said it was already changed and he didn't need to amend it. The judge used the words that he would grant the request to amend in the court proceedings.

I think I have a good chance here.

I wouldn't have had any idea if it were not for your help.
This is very technical but makes complete sense.

 

[potsnpea]

I am looking forward to seeing the result of this case

Despite all the help, I predict a negative outcome for the OP (for reasons I've already given).
Furthermore, I don't expect to hear the truth from the OP when the negative decision is handed down.

Enjoy

What is an OP?

And what do you mean you don't expect to hear the turth from the OP when the negative decision is handed down?

 

[potsnpea]

By the way, the police officer committed a criminal offense by secretly writing on your ticket and not sending you a copy. See Vehicle code 40505.

That is interesting.

I looked up the code and it says "Traffic Officer failing to include all court information on violator's copy of citation"


So do I include that on my appeal?

Do I get to write him a ticket now?

What do I do with this type of violation?

I'd love to fine him for $436.00
This department of revenue and recovery in my home could use some funds.

Seriously though do I add that in my section of errors?

 

[Zigner]

By the way, the police officer committed a criminal offense by secretly writing on your ticket and not sending you a copy. See Vehicle code 40505.

Oh BROTHER!

40505. Whenever any traffic or police officer delivers a notice to
appear or notice of violation charging an offense under this code to
any person, it shall include all information set forth upon the copy
of the notice filed with a magistrate and no traffic or police
officer shall set forth on any notice filed with a magistrate or
attach thereto or accompany the notice with any written statement
giving information or containing allegations which have not been
delivered to the person receiving the notice to appear or notice of
violation.

 

[demurringdude]

Seriously though do I add that in my section of errors?

No I wouldn't do that. It's not necessary, and some judges don't like that kind of thing. You have a winning argument already I believe, so no point diluting it.

 

[potsnpea]

The reason I asked if the officer was the prosecuter is because there is a section on the CR-143 appeal papers where they ask if the prosecuter made any motions.

I take it there was no prosecuter in my trail?

 

[potsnpea]

Oh BROTHER!


[/I]

So what does that mean?