Re: Can a Moving Violation Be Change to a Fix Ticket
You can try that but considering the fact that the officer is merely a witness at the time that you appear for your violation, it would be highly unlikely that he can change the citation once it is filed in court.
Moreover, the judge cannot change the charge by virtue of the fact that he is there to hear both versions of the story (yours and that of the officer) and make a determination as to whether you're guilty or not.
Legally, the only way the charge can be amended after filing is if the prosecution will agree to the change, but since there will no prosecutor who will appear in a California traffic infraction case, that eliminates the last possibility of any changes...
In my view, your only hope would be that you will get a sympathetic judge who will preside over your case, and one who would be willing to lower the fine amount based on the circumstances.
I am right 97% of the time... Who cares about the other 4%!