Massive Incorrect info on ticket/ LACO CA.

[zafyrgoalum]

I was ticketed for speeding in the beginning of December. I plan to fight it for a variety of reasons, foremost that I was not speeding. But, in addition to that, the ticket has many things wrong with it. Most of these could have been corrected by a simple question but it is my belief that the officer was on a quota hunt and didn't have the time or notice.

This happened on the border of La Verne and Claremont, California. Though the property is Los Angeles County owned.

I am just looking for some general advice and CVC codes that expound on incorrect information.

This is what is wrong with the ticket.

1. Home Address. I was not asked if it was the correct address on my license and my registration states another (my correct) address.

2. Height. My license was incorrectly printed and states my height as 6'10". Even when sitting down, I am clearly not this tall. The officer made no mention of it whereas I have been questioned about it by waiters as well as another La Verne officer during an unrelated incident. (He was getting in his Harrassment Quota)

3. The body style of my car. While I do drive a Red car, it is not a 2 door coupe. It is a four door sedan. Additionally, there were no Dodge Neon coupes for 2002. They were called SRX.

4. Evidence of Financial Responsibility & Registered Owner or Lessee, etc. Not filled out beyond having "Same as driver" checked, which is correct as far as the name. But then the officer, when I was getting the card, said he didn't need to see it.

5. Did not enter Date under Arresting or Citing Officer

6. Marked boxes for Juvenile Superior Court, Juvenile Traffic Court, and Pomona Courthouse. BTW, I am in my mid-twenties.

Anyone have any good info for me?

 

[asdfgh]

NO. 3 should get you an immediate dismissal. Most judges will. Count on your luck. My mind, you have 90% chance of dismissal.

 

[zafyrgoalum]

That's what I was thinking, but I wasn't sure and don't want to go in there with the wrong attitude and shoot in the dark.

Thanks

 

[Malibu_Barbie]

1. Home Address: Please check the statute on the timeframe i which you were to notify the Dept. of Public Safety of your new/current address. If you were past the deadline, then I certainly wouldn't bring that up in Court, as that would be another voilation, which the Judge won't take too kindly.

2. Height: It was your responsibility to ensure that your driver's licence contained the correct information, therefore, I would not bring up this point as an argument either, as it might just irritate the Judge into thinking that you'll stop at nothing to get this charge dropped.

As to the other incorrect info., you can try to argue it, but I really don't feel it'll help much, if at all (just because of my previous 15 years of experience in dealing with these types of cases).

What I would target and present my argument on is the actual "speeding" charge. When is your court date? I need to know whether you have time to file a motion for discovery (that's where you'll get the proof to defend your case or dispute the officer's testimonly for lack thereof). Please let me know when your court date is scheduled, and if you want, I'll email you a basic form to request discovery in your case prior to the hearing.

 

[zafyrgoalum]

Court date is set for January 25th.

 

[willis34]

I agree with the previous posts.... I don't think any of the errors are serious enough to cause case to be dismissed. I would stick to trying to defend the fact that you were not speeding. I was a former traffc Officer for 9 years.

Good luck