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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Unsafe Speed Citation After a Rear-End Accident, VC 22350

    My question involves a traffic accident in the State of: California

    Can my citation be dismissed if it was written incorrectly? Also, the officer did not witness the accident and issued me the citation based on my statement and the damage to my car. There was no visible injuries to either of the drivers.

    After reading a few forums, I realized my citation might have been written incorrectly. Can the violation be dismissed based on this?
    (what the citation states)
    Speed Approx. 30
    P.F./Max. Spd. 0
    Veh. Lmt. 0
    Safe 0
    Radar Blank
    Laser Blank

    I believe the max speed and vehicle limit were written incorrectly. The posted speed limit was 35.
    What the officer told me was that the safe speed was 0 because if I was going 0 I would not have hit her.

    Can I contest the ticket because it was cited incorrectly? The car in front of me quickly changed lanes to avoid the stopped car in front of her which I in turn hit.
    I don't want to incriminate myself by stating what I think the citation should have been. I don't think the citation should have been for unsafe speed, when I go to court to contest will they reissue a new citation for what I thought it should be? (following too close)
    I would like to get the citation dismissed based on an incorrect violation code, but will I defeat my purpose because they may issue a new citation for the right violation code?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,087

    Default Re: Unsafe Speed Citation After a Rear-End Accident, VC 22350

    [QUOTE=Chloetffny;609522]Can my citation be dismissed if it was written incorrectly?
    It depends on the error.
    Quote Quoting Chloetffny
    Also, the officer did not witness the accident and issued me the citation based on my statement and the damage to my car. There was no visible injuries to either of the drivers.
    And?
    Quote Quoting Chloetffny
    I believe the max speed and vehicle limit were written incorrectly. The posted speed limit was 35.
    The posted speed limit is irrelevant to the facts of the accident as you've shared them, so it doesn't get you very far.
    Quote Quoting Chloetffny
    What the officer told me was that the safe speed was 0 because if I was going 0 I would not have hit her.
    That's correct - if you weren't moving you wouldn't have hit the other car.
    Quote Quoting Chloetffny
    Can I contest the ticket because it was cited incorrectly? The car in front of me quickly changed lanes to avoid the stopped car in front of her which I in turn hit.
    You can dispute the ticket and present your defense, and see if the court agrees that the accident was caused by your being cut off as opposed to your driving at an unsafe speed.
    [QUOTE=Chloetffny]I don't want to incriminate myself by stating what I think the citation should have been. I don't think the citation should have been for unsafe speed, when I go to court to contest will they reissue a new citation for what I thought it should be? (following too close)[QUOTE=Chloetffny]
    I don't think that gets you anywhere. If you were driving at a safe speed, you wouldn't have been in an accident even if arguably following too closely as you would have been able to stop.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,152

    Default Re: Unsafe Speed Citation After a Rear-End Accident, VC 22350

    You should have been traveling at a speed that was safe enough to allow you to avoid the very problem you encountered.

    From what you write, the violation appears to have been written appropriately.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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