Wrong Vehicle Code on a California Ticket

[cdwjava]

Testimony IS evidence. In cases where all the evidence is testimony, credibility becomes very important. Credibility can involve the potential for bias, position of the witnesses, training and experience of the parties, past criminal histories, etc.

It seems to me that most sexual assault cases you hear about go nowhere if it's "he said/she said" and there is no physical evidence.

Most do not go anywhere, but some actually do. It often depends on what else is involved. If all you have is "He did it!" vs. "No I didn't!" then it's difficult, but, not impossible.

In theft cases, I imagine it would have to be established that something was actually stolen.

Very often that is simply the victims asserting that it is stolen.

If you report your wallet was stolen, how am I going to know you ever had a wallet? Or, that the wallet wasn't missing a month ago? You don't have to prove something was stolen, but that foundation has to be established by some evidence (and, testimony IS evidence).

If you were defending someone charged with embezzlement, wouldn't you expect to be shown that money was truly embezzled? I guess I just don't get it!

Sure you would. But, again, this kind of case CAN (occasionally) be made on circumstantial evidence so it does not necessarily stand that money was "truly" embezzled, only that there is a belief beyond a reasonable doubt that the money was stolen and that the defendant committed the theft.

- Carl

[chuckycheese]

OK, I think we've pummeled this dead horse almost enough.

If I committed a serious crime, I would feel pretty confident going to trial knowing that there was absolutely no physical evidence showing I committed the crime, that there was absolutely no physical evidence showing that a crime was even committed (such as is the case with speeding without the benefit of radar) and that there was only one person in the whole, wide world that would testify against me. I think the chances of it even being prosecuted would be almost zero....and that I'd prevail if it were.

I rest my case!

[cdwjava]

Sure. But, those weak evidence cases of he-said, she-said felonies rarely get to trial ... the point is that they CAN, and they sometimes DO. And, sometimes, people get convicted.

Traffic courts have often played a little loose with the rules for a number of different reasons. Ultimately, it is not worth the money to appeal a traffic court case (an infraction) up the chain so it is rarely done.

- Carl

[jrt059]

WOW! Relax guys. All I want to know is do I have a fighting chance?

The more and more I think about it. An officer of the law is suppose to serve and protect. I felt like that the officer was almost threating and intimidating me, by pulling up on my butt extremely fast (trying to get me to go faster).

But then again, I guess pulling someone over at 2 in the morning can be a heart pounding experience.

JRT059

[cdwjava]

WOW! Relax guys. All I want to know is do I have a fighting chance?

You have a chance, sure ... but, it depends on whether they amend it before court, or if you can successfully move to have it dismissed when they begin prosecuting on the wrong charge.

If the officer testifies to your speed being UNDER 65, then you might be able to point out to the court that the violation for which you have been cited is for EXCEEDING 65.

HOW you go about making this pronouncement, I am not certain. I suspect that it can be done when it is your turn to make your case and AFTER you have asked the citing officer again what your speed was, and what section he cited you for. Having a copy of CVC 22349 in your possession might help.

But then again, I guess pulling someone over at 2 in the morning can be a heart pounding experience.

Yep.

Last night to NYPD officers were shot on a traffic stop ... and a few months ago I lost a friend from my former agency in So. Cal. - he was shot and murdered while assisting on a traffic stop. These can be among the most dangerous situations we are involved in.


- Carl