I have recently gotten a ticket in California (Barstow District). On the ticket, some of the information is written incorrect... year of car, model of car. The cop put that I own a 2007 Infiniti Skyline... I have a 2005 Infiniti G35. Yes... my car has the Skyline badges from Japan... but the cop has to properly write what is on the paperwork (registration and insurance card).
I have previously gotten a ticket in Nevada where he had 5 mistakes: My last name (4 of the 6 letters were wrong), year, make, model and plate #. I gave the ticket to a lawyer and was thrown out. Problem is... I don't want to pay the legal fee again for something I could do... so I was going to do a Written Declaretion.
I am wondering what is the legal term and if anyone knows the legal # of that law? So anything will help. Thanks.
Add you must know... 75 in a 70.
2007-03-20 20:44:30 · 6 answers · asked by Topher 2 in Cars & Transportation ➔ Other - Cars & Transportation
Maybe I didn't get this correctly written. What is it called when the officier incorrectly writes the ticket?
2007-03-20 21:13:11 · update #1
The law allows you to contest any traffic infraction entirely by mail. You can appear via mail through a Written Not Guilty Plea pursuant to CVC 40519(b). In your plea you can request a Trial by Written Declaration pursuant to CVC 40902. In this way you can contest your citation without appearing at all and, for reasons already discussed, will have a better chance of winning than at trial. Further, if you lose your trial by declaration, you have 20 days to request a Trial de Novo (new trial) pursuant to CVC 40902(d). You then can appear in court for the first time for your second chance of winning.
Good Luck !
2007-03-20 20:53:40 · answer #1 · answered by Rainman 5 · 0⤊ 0⤋
I tried such a challenge once. The ticket doesn't matter. It will be what is written on the court's procedural paper, and, mind you, the DA can change that after speaking with you. Your best bet is to get one of those lawyers that challenge traffic tickets in large bundles. Then, the DA and the defense lawyer shift through the pile and decide who the unlucky ones will be and let the rest go.
2007-03-20 20:56:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The legal term is: The officer made a minor mistake" , and can you get out of the citation, NO . Every one else is going to tell you to get a lawyer and fight it. B.S. The court allows for minor mistakes so don't waste you time or money trying to get out of it. Most cops will let you slide at 5 mph over, did you do something to draw his attention?
2007-03-20 21:38:46 · answer #3 · answered by Peedlepup 7 · 0⤊ 0⤋
easiest way is take it to court and hope that the cop does not show up. That is what I did the first time. If the cop does not show up, you win, if he does show up, then just state that the information is not accurate. Due to the fact that we in California have pretty much a 3 mile an hour rule (3 mph over the limit is okay) so they only technically got you for 2 miles per hour. just take it to court, and represent yourself, it will not cost you anything, and more than likely, unless you were rude to the cop, he will not even show up since it is only 5 miles per hour.
2007-03-21 00:05:33 · answer #4 · answered by armyguy0207 2 · 0⤊ 0⤋
As others have pronounced, signing the cost ticket isn't an admition of guilt. you're signing for a replica of the quotation. I particularly doubt he intentionally crammed out those packing bins. i could no longer enable you realize the way many circumstances i've got placed AM instead of PM or any opposite direction around.
2016-10-02 12:10:16 · answer #5 · answered by wyckoff 4 · 0⤊ 0⤋
all they care about is that the lic. number is correct,get a lawyer if you want to win, outhere wise if you go to court you will loose garenteed.
2007-03-20 20:58:06 · answer #6 · answered by big dummy 2 · 0⤊ 0⤋