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  1. #1
    Join Date
    Feb 2012
    Posts
    1

    Default Proper Procedure for Citations in California

    My question involves a traffic ticket from the state of: California

    Two parts: first, are state troopers supposed to issue a driver a citation at the time of the charged violation? The only thing the trooper said was I would "get something in the mail" which turned out to be a Courtesy Notice which does not explain the charge other than listing the Section Violated and the code - 22349(b) CVC but no indication of where the violation occurred, who the trooper was.

    Second part - what is the likelihood of a guilty finding if the trooper listed an incorrect vehicle license plate?

    Thanks for any help.

  2. #2
    Join Date
    Jan 2006
    Posts
    20,652

    Default Re: Proper Procedure for Citations in California

    (b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:
    (1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.
    (2) Passing lanes may not be considered when determining the number of through lanes.
    (c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.
    You got a speeding ticket.

    YOU got a speeding ticket, not the car so while an incorrect license plate might be used in some form of defense attempting to iquestion the reliability of the officer, you are who was issued the ticket so it does not invalidate the ticket.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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