Re: Illegal U-Turn in Business District, Location of Violation Incorrect on Ticket

Quoting
brantastic
The ticket says I committed a violation in a place that I actually did not commit any violation. I did not commit this violation as per the ticket's description of location.
So where did you commit the violation and where does the ticket say you committed the violation? can you provide intersection names? Or Google map links? There are times where the exact location is virtually impossible to describe with a few words.

Quoting
brantastic
They can check the traffic cameras or surrounding area cameras if they have to.
Actually, they wouldn't have to... This would be an affirmative defense that you would have to present proof of....
meaning, the officer will testify according to the citation... You can then look for tapes/recordings/witnesses and present any or all of that to the court to prove that the location description on the citation is incorrect. But by doing so, are you not presenting evidence that you committed the violation -somewhere-? Depending on how off the description is, dismissal may not be a given!

Quoting
brantastic
But if I want to write a trial by written declaration with this, how would I word it properly?
That is a good question simply because you denying the location is not any different that you denying any other element of the allegation. And chances are, the court will take the officer's word over yours... Its just the way it works out in court most of the time!

Quoting
brantastic
Is this even debatable or is a ticket dismissable due to a technicality?
Well, technically, the citation is defective simply because allegedly it describes a different alleged location than where the alleged offense allegedly happened... At least that is what you are alleging! Proving that the description is erroneous and convincing the court the citation is defective, is a completely different story!

Quoting
brantastic
Forgive me if this is a stupid question.
No worries!
I am right 97% of the time... Who cares about the other 4%!
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