Re: 21453(A) No Right Turn on Red
You know for someone who's "friend was killed recently because of this", you and your friends aren't really being that extra cautious, are you?
I do see how it can be mistaken for a "c", however, with the notation just to its right, I'm not sure I'd count on it being a "c" in his notes. One more thing to note, defendant gets the 2nd duplicate copy, the court gets the top copy, and the top copy might have more that didn't show on the duplicates if he wasn't pressing hard enough... so even if it shows a "c" on your courtesy notice, I'd still be skeptical until the arraignment. Which then brings up the other issue here which is that you don't appear for an arraignment when you request a TBD, you request that either in person or in writing from the clerk... So, you request a TBD, the court prints out forms, mails them to the officer, he gets them sits down to write his declaration, see as "c" on the TR-235, sees an "a" in his notes, he might say "F*** it" and toss it, or since there is no reason whatsoever why he could not re-file it with the correct code, he may opt for that instead.
For those who say "no he can't"...
Sure he can... Dismiss and refile!
"Not worth the hassle?"
His decision not yours!!!
OK, so you say "new notice to appear has no signature promising to appear"!
I say: "fine, Orange County isn't like L. A. County; even without a signature, they can place a hold on the defendant's license for failing to appear".
All this boils down to whether the citation will get corrected or not... Even if it doesn't get corrected, you submit a TBD saying I'm not guilty of 21453(c) and showing there is no arrow... officer submit a declaration claiming he cited you for 21453(a)... that is not going to make it all go away by itself. You still have some legal wrangling to do! while you're free to stick to your story, once you get your SWORN statements down in a TBD, submit those to the court, you are now stuck with that story... Why? Simply because while some may say "trial de novo = new trial" meaning TBD does not count, the TBD you submitted is still in your case file and the judge has the option to read it before your trial... If you happened to change your statements from TBD to trial... Wouldn't look good for you!
There are several other points that I want to make here, some are because of some incorrect/inaccurate assumptions you're making but others because of some inconsistencies in what you've posted (like the one at the top of this post - maybe even worse).... but I am running out of time and will finish this later on this evening...
In the meantime, if anyone wants to add... correct... clarify anything, its all yours...
I am right 97% of the time... Who cares about the other 4%!