Mistakes on Speeding Citation - Is it Worth Fighting

[stephr1]

My question involves a speeding ticket from the State of: CA (s/b Hiway 17)

Hi all,

I received a citation for allegedly speeding on my way over to Santa Cruz 1 Sat. morning. The officer who pulled me over said I was clocked with radar (never showed, or offered to show, me the readout). It was morning ~8AM with light traffic conditions, dry road and good visibility. I was near the summit (one of the few places where the road is straight) and pulled out from behind a truck to pass in the left lane. I believe that was the point where the officer may have gotten me with his radar because he pulled me over not too much more down the road.

I have not admitted any guilt and I am curious what errors on a ticket could be used to get the ticket dismissed. I did not notice it at the time (too upset w/being pulled over for the 1st time in ~15 yrs.), however, a week or 2 later I noticed that the officer left the spaces blank where the citation asks for registered owner as well as address of the vehicle. Instead, he checked the boxes that indicate these are the same as the driver (me). In addition, the officer put down as my address the address of where the vehicle is registered. The car isn't mine and the address on the registration isn't mine, either.

When I gave the officer my license, he asked if the address on it was correct. I told him "No" and that I had not yet written my new address on the back of the license. He never inquired as to what my new address was...I also figured he had access to databases which could have given him that info.

I saw in other postings and responses that some mistakes are not defensible and not worth trying to fight. Are these the kind of mistakes which make it worth fighting the ticket? In my mind, it calls into question the accuracy and validity of any any information the officer entered on this citation.

Thanks in advance.

Steph

[HonkingAntelope]

There are mistakes that can result in the case being dismissed, but yours isn't one of those. What vehicle code section does your ticket say you violated and how many mph above the limit were you doing?

Also, if he wrote down the wrong address, that's where the court's notice with the fine amount will be sent. Make sure you contact the court about it BEFORE the deadline written on your ticket.

[stephr1]

There are mistakes that can result in the case being dismissed, but yours isn't one of those. What vehicle code section does your ticket say you violated and how many mph above the limit were you doing?

Also, if he wrote down the wrong address, that's where the court's notice with the fine amount will be sent. Make sure you contact the court about it BEFORE the deadline written on your ticket.

Thanks for the reply.

In the Code and Section area the citation says "22350VC - Unsafe speed", "Clocked @ 67 mph". Then below in a space that says "Speed Approx." he wrote "60+".

[HonkingAntelope]

if it was daylight and very light traffic, you have an excellent shot at beating this.

Look at this thread http://www.expertlaw.com/forums/showthread.php?t=80107

[sniper]

Change of Address
14600. (a) Whenever any person after applying for or receiving a driver's license moves to a new residence, or acquires a new mailing address different from the address shown in the application or in the license as issued, he or she shall within 10 days thereafter notify the department of both the old and new address. The department may issue a document to accompany the drivers license reflecting the new address of the holder of the license.

In addition to cutting you a break on the ticket by not adding the above charge, he cut you a break on the speed. I usually go the other route when you are 67. If he wrote 22349(a) VC as your violation, 67 in a 65, my guess would be the fine on that would be the same as writing 60 in a 50 or whatever the posted limit is. I look to make court easier to win for me. It's still winnable for the officer since a speed survey is on file, just harder.

[stephr1]

if it was daylight and very light traffic, you have an excellent shot at beating this.

Look at this thread http://www.expertlaw.com/forums/showthread.php?t=80107

I looked farther down in the speeding tickets section and came across this thread http://www.expertlaw.com/forums/showthread.php?t=83131. It would seem the section of the survey kindly provided by the poster pretty much covers my situation. Unless the missing or wrong information is a basis for calling into question the validity and accuracy of other information on the citation, I'm kind'a stuck. Thanks for the pointer, tho.

[HonkingAntelope]

In addition to cutting you a break on the ticket by not adding the above charge, he cut you a break on the speed. I usually go the other route when you are 67. If he wrote 22349(a) VC as your violation, 67 in a 65, my guess would be the fine on that would be the same as writing 60 in a 50 or whatever the posted limit is. I look to make court easier to win for me. It's still winnable for the officer since a speed survey is on file, just harder.

Why not charge them with both 22350 and 22349a? While you're at it, why not cite them for a broken taillight (right after you break it with ur nightstick) and also say that you smelled marijuana odor coming from their vehicle in order to legally take a good half-an-hour to thoroughly search them and their vehicle?

Unless you get caught on camera or audio recording, there's no way they'd be able to convince the court that the taillight was fine and that there was no suspicious smell coming from the vehicle. It's quite amazing how many traffic stops result in arrests due to guns, drugs, crack pipes, and etc laying In Plain View

[stephr1]

Change of Address
14600. (a) Whenever any person after applying for or receiving a driver's license moves to a new residence, or acquires a new mailing address different from the address shown in the application or in the license as issued, he or she shall within 10 days thereafter notify the department of both the old and new address. The department may issue a document to accompany the drivers license reflecting the new address of the holder of the license.

In addition to cutting you a break on the ticket by not adding the above charge, he cut you a break on the speed. I usually go the other route when you are 67. If he wrote 22349(a) VC as your violation, 67 in a 65, my guess would be the fine on that would be the same as writing 60 in a 50 or whatever the posted limit is. I look to make court easier to win for me. It's still winnable for the officer since a speed survey is on file, just harder.

Thanks for pointing that out. However, the DMV has my correct address (notified the DMV when I registered my vehicle at my new address last year). What I haven't done is to write the new address on the back of my license, which I know the DMV suggests doing. So, I would expect the officer was just being lazy because the vehicle stated as being registered to me and registered at the address referenced to me is not mine (my name is nowhere on the registration) and I have never owned a vehicle of the type nor lived at the address the officer assumed was mine from the registration. I provided no false information, yet the citation was written without regard to these facts (which would be available in the system).

I appreciate being cut a break, and don't mind owning up to the responsibility. However, I would also appreciate that if law enforcement is doing their job, these kinds of errors wouldn't occur. I got the sense the officer was in a hurry to get back and catch more speeders.