Wrong Violation Changed After Trial by Written Declaration

[OniLinkSword]

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

Hello everyone.

I just recently received a Notice of Correction and Proof of Service after I sent in my Trial By Written Declaration.

The original code was 22101(d). It was changed to 22102. In my TWD I state I wasn't in violation of the law because there were no signs and the law was meant for movements within an intersection. I received the change after the notice to appear in court. This means that the officer received a copy of my TWD and changed the violation in order to fight back.

My main question, is it allowed for them to change the violation after I sent in my Trial By Written Declaration and they have received it? If it is, am I allowed to contest the change?

Am I overlooking anything?

[That Guy]

The officer does NOT get a copy of your declaration, I don't care what anybody says.

Is it possible that he/she sat down to write his/her declaration and realized "oops, I cited the wrong code... I'll send out a Notice of Correction..."????

At any rate, and in answer to your question, here is all I could find...

The Notice of Correction form cites CVC section 40505 which states:

40505. Whenever any traffic or police officer delivers a notice to appear or notice of violation charging an offense under this code to any person, it shall include all information set forth upon the copy of the notice filed with a magistrate and no traffic or police officer shall set forth on any notice filed with a magistrate or attach thereto or accompany the notice with any written statement giving information or containing allegations which have not been delivered to the person receiving the notice to appear or notice of violation.

One might infer and interpret that to mean that the notice of correction should be delivered (to the person receiving the notice to appear) prior to it being filed in court. not sure if that argument will fly in court though...

Also found this:

California Rule of Court 4.103. Notice to appear forms

(c) Corrections

Corrections to citations previously issued on Continuation of Notice to Appear (form TR-106), Continuation of Citation (form TR-108), Automated Traffic Enforcement System Notice to Appear (form TR-115), Nontraffic Notice to Appear (form TR-120), or Traffic/Nontraffic Notice to Appear (form TR-130) must be made on a Notice of Correction and Proof of Service (form TR-100).

As you can see, it does not mention a definitive/specific time period during which the notice of correction must be delivered...

What I would do is contact the court clerk and ask what you should do at this point. It would be fair to assume that since you received the notice of correction AFTER filing your TBD, that you should be given an opportunity to amend your TBD as well.

I am curious to find out the timeline of your case so far. Meaning, when did you request your TBD, what was the due date, when did you file your declalration, when did you receive the notice of correction and what date was it signed/mailed???

[OniLinkSword]

Thank you for your quick response.

I confess that I assumed that the officer received a copy. Considering the situation, it seemed like the most likely reason for the change in my mind.

As for the timeline: the ticket was issued 10/28/09, my original date to appear was 12/15/09, I mailed my request for TBD 11/17/09, I mailed my TBD 12/30/09, I believe the due date was for 1/5/10 (I can't find the exact date at this moment), the notice of correction was signed by the officer 1/7/10 and postmarked 1/8/10.

I will contact the clerk tomorrow.