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  1. #1
    Join Date
    Jun 2011
    Posts
    12

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

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

    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. They can check the traffic cameras or surrounding area cameras if they have to. But if I want to write a trial by written declaration with this, how would I word it properly? Is this even debatable or is a ticket dismissable due to a technicality? Forgive me if this is a stupid question.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    7,719

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

    Quote Quoting brantastic
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    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.


    Quote Quoting brantastic
    View Post
    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!


    Quote Quoting brantastic
    View Post
    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!


    Quote Quoting brantastic
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    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!


    Quote Quoting brantastic
    View Post
    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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