Wrong Violation Code / Date on Citation

[sorikorik]

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

Hi everyone,

What happens if they put in the wrong violation code and time?

A CHP officer cited me for having the high beams on at 8:30pm.

Problem is, he posted it as 8:30am (can I argue that it is alright to put on beams during daytime?)

AND

He putted down "24601 VC High Beams On Freeway"
24601 VC is the violation code for not having a light for the rear license plate, and has nothing to do with high beams.
I believe it should've been 24409 VC, however, 24409 is split into (a) and (b),

(a) Whenever the driver of a vehicle approaches an oncoming vehicle within 500 feet, he shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver.

The lowermost distribution of light specified in this article shall be deemed to avoid glare at all times regardless of road contour.

On the freeway that I was in, there was a barrier between my direction and the opposite direction, so there was no way we can "shine" each other.

(b) Whenever the driver of a vehicle follows another vehicle within 300 feet to the rear, he shall use the lowermost distribution of light specified in this article.

There was aboslutely no cars in front of me, except for the CHP, in which he took the pleasure of suddenly cutting in front of me as he entered the freeway, as described below.

Basically, he entered the freeway and cutted me off out of nowhere as he was entering while I was on the right lane. Upon being literally around 5 feet in front of me, he immediately pulled over, then pulled me over and stated, "I don't know if your high beams are on now, but they were at first, and it felt like you were shining a flashlight in front of my eyes." Before I can respond, he just asked for the license, etc, and gave me a ticket then and there.

Can I fight this?

Thank you anyone for any helpful advice.

[That Guy]

Yes you can fight it... I would highly doubt that the "time" error would make much of a difference (it will probably be considered a minor error) unless the officer testifies that it was daylight but even then, the statute itself does not differentiate between daytime or nigh time hours...

You do, however, have a pretty solid argument in that he cited you for the wrong CVC section, and therefore, that has hindered your ability to prepare a valid defense and you can move for a dismissal on those grounds. If you do go that route, I would refrain from mentioning CVC 24409 (if you figured which section you should have been cited for then you were able to develop whatever defense you could). It is not your burden to cite the correct CVC section, the officer should have written you up for the correct one.

Keep in mind that depending on when the citation was issued, and whether it has been filed in court or not, the mistake might be caught and if so, the officer can in fact mail you an amended copy of the citation and file the same in court. If that happens, then your "wrong CVC section" defense would not apply and you'd be better off developing the "opposing traffic/freeway center divider" argument... Although I am not sure how successful that might be.