Can You Dispute a Speeding Ticket by Claiming the Officer Didn't Identify You
My question involves a traffic ticket from the state of: California
I imagined I was being pulled over for a loud exhaust but instead was told I was going 65 in a 45. I quickly gave I.D and registration and was in shock as I received a ticket. All the while I never took off my helmet or raised my tinted visor. Can I fight this ticket? In my offense "it wasn't me". Perhaps a friend was bringing my bag and bike to me after I had a drunken night out. Perhaps they offered up my I.D and registration from my backpack and got away with it because they never took off their helmet. Please help me beat this lying cop who failed to do his job because he was rushing to issue his fake speeding ticket. I have never gotten a ticket nor pulled over simply becuaee I obey the rules, it is dangerous enough to ride safely on a motorcycle
Re: Officer Failed to Properly I.d Me, I Never Took Off My Tinted Motorcycle Helmet
A few things:
It was you. Are you prepared to lie about that?
Everyone thinks the cop was lying.
It's most definitely not a fake ticket.
Re: Officer Failed to Properly I.d Me, I Never Took Off My Tinted Motorcycle Helmet
A lawyer might be able to work some magic with the failure to verify who was under the helmet. It would be foolish for you to try on your own as you could very likely wind up committing perjury in the process.
Re: Officer Failed to Properly I.d Me, I Never Took Off My Tinted Motorcycle Helmet
Re: Officer Failed to Properly I.d Me, I Never Took Off My Tinted Motorcycle Helmet
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Solis
My question involves a traffic ticket from the state of: California
I imagined I was being pulled over for a loud exhaust but instead was told I was going 65 in a 45. I quickly gave I.D and registration and was in shock as I received a ticket. All the while I never took off my helmet or raised my tinted visor. Can I fight this ticket? In my offense "it wasn't me". Perhaps a friend was bringing my bag and bike to me after I had a drunken night out. Perhaps they offered up my I.D and registration from my backpack and got away with it because they never took off their helmet. Please help me beat this lying cop who failed to do his job because he was rushing to issue his fake speeding ticket. I have never gotten a ticket nor pulled over simply becuaee I obey the rules, it is dangerous enough to ride safely on a motorcycle
So ... you want to run the risk of committing perjury and lying to the court? Risk jail time over a traffic ticket? Really?!?
It is not a "fake" ticket if you were speeding. You do not deny speeding. But, if you wish to challenge the citation, challenge it based upon the merits and not on a lie. If you were traveling at the speed limit (presumably 45) then you make that argument, you do not lie about the whole thing and say it was not you.
Re: Officer Failed to Properly I.d Me, I Never Took Off My Tinted Motorcycle Helmet
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Solis
Can I fight this ticket?
Sure you can. What's your defense?
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Solis
In my offense "it wasn't me". Perhaps a friend was bringing my bag and bike to me after I had a drunken night out. Perhaps they offered up my I.D and registration from my backpack and got away with it because they never took off their helmet.
Great. If this is true (and we all know it's not), feel free to testify to this and call your friend as a witness and have him testify to this. Of course, we all know that it would be you who would be lying if you did this. Also keep in mind that if this hadn't actually been you, you wouldn't have any idea whether or not the person pulled over took off his helmet, but please feel free to give this a shot and let us know how it goes.
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Solis
Please help me beat this lying cop who failed to do his job because he was rushing to issue his fake speeding ticket.
The purpose of these boards is not to help anonymous strangers achieve a particular result in a legal matter. Rather, the purpose is to provide general information about the law. Also, nothing in your post suggests the cop lied or failed in any way to do his job.
Re: Officer Failed to Properly I.d Me, I Never Took Off My Tinted Motorcycle Helmet
The purpose of these boards is not to help anonymous strangers achieve a particular result in a legal matter. Rather, the purpose is to provide general information about the law.[/QUOTE]
What's the law in California when it comes to being properly Identified by an officer when being pulled over. Was the officer wrong to not ask me to remove my helmet so that he can compare the rider to the I.D
Re: Officer Failed to Properly I.d Me, I Never Took Off My Tinted Motorcycle Helmet
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Solis
What's the law in California when it comes to being properly Identified by an officer when being pulled over. Was the officer wrong to not ask me to remove my helmet so that he can compare the rider to the I.D
The "law" is rather minimal. It allows the officer to issue a citation to a person who he reasonably believes is the person who committed the offense.
http://leginfo.legislature.ca.gov/fa...r=2.&article=2.
You are free to try and argue that it was not you, but if you do so you may also be committing perjury. If you do not appear in court and allow an attorney to speak for you, you will be basing your entire hope on the ability of the attorney to compel the officer to admit he could not identify you in some way. This could be difficult if your signature matches that on your license, or the court agrees with the officer that you had been sufficiently identified for purposes of the cite. Without you being present, you cannot offer testimony on your behalf and would very likely lose ... AND likely lose any option of traffic school.
It would be best to challenge the citation on the merits and the flaws in the offense rather than some obscure stab at trying to bamboozle the court. If VC 22350 there are a number of potential avenues you might take that would not run the risk of your going to jail.
Re: Officer Failed to Properly I.d Me, I Never Took Off My Tinted Motorcycle Helmet
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What's the law in California when it comes to being properly Identified by an officer when being pulled over. Was the officer wrong to not ask me to remove my helmet so that he can compare the rider to the I.D
Wrong, yes, that is not SOP anywhere, however, that does not cure the citation. It is extremely advisable not to contrive any legal fallacy to try to worm out of it.
Re: Officer Failed to Properly I.d Me, I Never Took Off My Tinted Motorcycle Helmet
So you got caught speeding but want to use the "It wasn't me" defense cause the cop didn't make you remove your helmet to verify identity? Hey, I've heard sillier defenses that worked so go ahead. Wish I could be there to witness what happens.
When I was pulled over, cop didn't verify my identity either (was wearing mask) but I didn't use the it wasn't me defense but certainly thought about it. I still won cause I had strong evidence of corruption by government and cops.
Re: Officer Failed to Properly I.d Me, I Never Took Off My Tinted Motorcycle Helmet
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Solis
The purpose of these boards is not to help anonymous strangers achieve a particular result in a legal matter. Rather, the purpose is to provide general information about the law.
What's the law in California when it comes to being properly Identified by an officer when being pulled over. Was the officer wrong to not ask me to remove my helmet so that he can compare the rider to the I.D[/QUOTE]
There is no particular law about that. The officer pulled over a person riding your bike and who produced your driver's license upon request. Presumably, the person also produced an insurance card with your name on it.
Here's the only thing that might work. You could hire a lawyer and have the lawyer ask the cop: "did you have the driver of the bike remove his or her helmet so that you could be sure the driver was the same person depicted on the license?" Assuming the officer testifies in the negative, the lawyer could then ask, "so how can you be sure that my client was driving?" Your lawyer could then argue that the state failed to meet its burden of proof that you were driving. Given that you'll have no affirmative evidence to back up your story (i.e., you won't testify yourself or have any friend testify -- assuming you're not going to perjure yourself -- or have any evidence that you reported your bike and your wallet as stolen), I don't see that working. Even if it does work, you'll have spent more than it would have cost to take care of the ticket by going to traffic school.