Can I fight this ticket?

[Ineeds2noe]

What is the name of your state (only U.S. law)? CALIFORNIA


I was given a ticket for driving on a suspended license. After issuing the ticket the officer told me to drive away. It was not dark out and the area was not unsafe. It was on the freeway and I did have a cell phone. Is this grounds for a dismissal. How can you ticket me for a crime then ask me to committ the same crime. The car should have been towed. He was nice about not towing but then he should have allowed me to call someone to pick it up.

 

[The Occultist]

Lemme get this straight: the officer gave you a break, and now you're choosing to question that??

 

[Ineeds2noe]

That is right!!!

I asked a question that required a simple yes or no answer. I did not ask for you to judge me. I know that I committed a crime. I know that I was given a break. But I thought it was hypocritical. I just want to know if the officer followed procedure. That is all. But since I posted situation I also opened up the door to be judged by people like you (a person that I dont even know). I am not mad at you or hating on you. You spend your time how you want. Thanks for spending it on me and responding to my post at all. Now I will do what I should have done in the first place- Research and answer my own question!!

 

[Zigner]

I asked a question that required a simple yes or no answer. I did not ask for you to judge me. I know that I committed a crime. I know that I was given a break. But I thought it was hypocritical. I just want to know if the officer followed procedure. That is all. But since I posted situation I also opened up the door to be judged by people like you (a person that I dont even know). I am not mad at you or hating on you. You spend your time how you want. Thanks for spending it on me and responding to my post at all. Now I will do what I should have done in the first place- Research and answer my own question!!

How does the officer allowing you to leave after issuing your ticket change the validity of your ticket?

 

[CdwJava]

I was given a ticket for driving on a suspended license. After issuing the ticket the officer told me to drive away.

Dumb move by the officer. He should have cited you for the misdemeanor offense and then towed your car for a 30 day impound (thus costing you about $1,800 to get out). Instead, he cut you a HUGE break that placed his tail on the line. Lucky you.

It was not dark out and the area was not unsafe. It was on the freeway and I did have a cell phone. Is this grounds for a dismissal.

Not at all. But, you would be doing his agency a favor by reporting his conduct. I doubt his supervisors want their officers to be opening themselves up to such liability by allowing suspended drivers to continue driving.

How can you ticket me for a crime then ask me to committ the same crime. The car should have been towed. He was nice about not towing but then he should have allowed me to call someone to pick it up.

The fact that you got a huge break does not invalidate the offense. If you have a REAL defense, raise it at trial. If this is all you got, it is irrelevant.

- Carl