Location Does Not Exist

I got a speeding ticket awhile ago in northern CA. I received 2 citations that day for the same traffic stop. The locations listed were different on both tickets. I had originally used google maps to find out the distance between locations and it said 12 miles. However, I had the chance to travel the same route this past week and I found out that the location listed for the speeding ticket is NOT an exit that exists off of this particular freeway. Is this helpful to my case at all and is it possible to get a dismissal based on this mistake? Thanks for any guidance.

Used to work but not so much anymore. They would just consider it a type and correct it.

I guess it depends on how well you argue your point. You were charged with violating a specific section of the vehicle code, at a specific time and a specific place. Since the place does not exist, how could you possibly be guilty?

Quote:

---

Quoting EWYLTJ

---

I guess it depends on how well you argue your point. You were charged with violating a specific section of the vehicle code, at a specific time and a specific place. Since the place does not exist, how could you possibly be guilty?

---

Hahahaha... That sounds like the story about the tree that fell in the forrest... If nobody heard it then did it really fall... Or did it just decide to grow sideways.

If the location cannot be established, then jurisdiction may not be able to be established. Certainly the court might allow the officer to testify to a location modified from that which is on his citation, but that could be problematic.

I have seen courts rule both ways on similar issues ... though I have never seen one where the intersection did NOT exist, only that it was off by a few blocks.

- Carl

Quote:

---

Quoting chuckycheese

---

You obviously didn't go to a quality school...It's amazing how badly you've misconstrued the 'tree story'. Give it some thought and get back to us.:rolleyes:

P.S. By the way, forest has but one "r".:D

---

No guts... No glory!

So you're gonna judge my schooling by the "tree story"? Shows how much you know...

Besides, with a name like chuckycheese, you're one to criticise! :rolleyes:

what? bottom line your sol give it a try but more than likely your the ticket is going to stand.

Quote:

---

Quoting DonnyC

---

what? bottom line your sol give it a try but more than likely your the ticket is going to stand.

---

What do you base that on??

The courts arent as forgiving now days as they used to be with these errors. Of course everything pretty much rests on the counsel you have at trial both yours and the states. Ive personally recieved a ticket with the wrong vehicle year,make, model and thought i would be able to argue this but they weren't having it. Like i said that was just my personal and what ive seen in the courts. With the shortage of cash in california i would think they would be incline to offer maybe a lower charge but dismissal im saying pretty non existant on this type of thing. Assuming the ticket has all the other correct information. But you could always spend $500+ bucks for an attorney to fight it.

Quote:

---

Quoting DonnyC

---

The courts arent as forgiving now days as they used to be with these errors. Of course everything pretty much rests on the counsel you have at trial both yours and the states. Ive personally recieved a ticket with the wrong vehicle year,make, model and thought i would be able to argue this but they weren't having it. Like i said that was just my personal and what ive seen in the courts. With the shortage of cash in california i would think they would be incline to offer maybe a lower charge but dismissal im saying pretty non existant on this type of thing. Assuming the ticket has all the other correct information. But you could always spend $500+ bucks for an attorney to fight it.

---

1. Illinois moods don't necessarily translate to CA.
2. For a speeding ticket, it is unlikely the OP will hire counsel and I know the State will not be represented by counsel either.
3. There are a LOT of improper traffic convictions that happen in CA (my opinion is that it is budget driven also), but most of these occur because someone doesn't stand up and argue a point.

Quote:

---

Quoting EWYLTJ

---

There are a LOT of improper traffic convictions that happen in CA

---

Quote:

---

Quoting EWYLTJ

---

my opinion is that it is budget driven

---

Quote:

---

Quoting EWYLTJ

---

most of these occur because someone doesn't stand up and argue a point.

---

Can you cite any data, or study, or statistic... anything that supports any of the claims you made here?

Oh wait, you can't!!! :rolleyes:

Quote:

---

Quoting That Guy

---

No guts... No glory!

So you're gonna judge my schooling by the "tree story"? Shows how much you know...

Besides, with a name like chuckycheese, you're one to criticise! :rolleyes:

---

Hey, I can't help it if my mother named me Chuckycheese; at least I'm not just 'one of the guys'. Oh, by the way, 'criticise' is also incorrect. ;)

Quote:

---

Quoting chuckycheese

---

Hey, I can't help it if my mother named me Chuckycheese; at least I'm not just 'one of the guys'. Oh, by the way, 'criticise' is also incorrect. ;)

---

Actually, "criticise" can be correct ... I believe it is common in Great Britain, not here.

http://www.wordreference.com/definition/criticise

You will find that spelling preferred on BBC and British news media sites.

- Carl

people dont hire counsel for traffic? what planet are you on? The state will be represented by the states attorney is that not counsel... We can just skip that post because apparently someone has a case of the mondays :D

Quote:

---

Quoting DonnyC

---

people dont hire counsel for traffic? what planet are you on? The state will be represented by the states attorney is that not counsel...

---

In CA the District Attorney is almost never involved in traffic cases at all. The state presents only the officer as a witness for the prosecution, no prosecuting attorney.

I have yet to ever see a District Attorney prosecute a traffic infraction. In some counties the DA MIGHT send someone to accept plea deals the day of trial or some time before, but this, too, is rare.

- Carl

this is one of those wait and see cases. Im just simply stating from my experience with mistakes on tickets it rarely gets thrown out for incorrect information. All the other ticket info was correct im assuming since he didnt say different. I guess we will all see if he posts the results, however reading a lot of forum theres rarely a finish to the story.

Quote:

---

Quoting cdwjava

---

Actually, "criticise" can be correct ... I believe it is common in Great Britain, not here.

http://www.wordreference.com/definition/criticise

You will find that spelling preferred on BBC and British news media sites.

- Carl

---

There are a fair number of words like that. I've noticed that most recently in researching Great Britain, as I'm going there next month. However, I live in the U.S. and I suspect he does, as well. When in Rome, do as the Romans.....

Quote:

---

Quoting DonnyC

---

people dont hire counsel for traffic? what planet are you on? The state will be represented by the states attorney is that not counsel... We can just skip that post because apparently someone has a case of the mondays :D

---

Carl and I are in California. It seems like a different planet...but, it's not.;) (The only attorney I've ever seen in a California traffic court has been the judge.)

Quote:

---

Quoting chuckycheese

---

There are a fair number of words like that. I've noticed that most recently in researching Great Britain, as I'm going there next month. However, I live in the U.S. and I suspect he does, as well. When in Rome, do as the Romans.....

---

Actually, I live on Seychelles... An island in the Indian Ocean. :p

Quote:

---

Quoting chuckycheese

---

(The only attorney I've ever seen in a California traffic court has been the judge.)

---

You, obviously, are not qualified to make that statement!

As Carl indicated previously, California Traffic Infractions are usually do NOT see any representation by a District Attorney. However, if you ever attended a misdemeanor proceeding, you would see a minimum of 2 attorneys. One is the Judge, the other is a Deputy D. A.

Furthermore, an appearance by a defense attorney is pretty normal in a misdemeanor proceeding; and that would make for 3 "attorneys".

Post was spellchecked using the U.S. version of Microsoft Word Spellchecker. :p

How could I not be qualified to make a statement like that? Don't you understand what I wrote??? There is nobody better qualified than me to say what I've seen or what I haven't seen.

I think the reason you have such a hard time understanding some of these posts is because you're up so late. After all, it's 2:00am in Seychelles!:rolleyes:

Quote:

---

Quoting That Guy

---

As Carl indicated previously, California Traffic Infractions are usually do NOT see any representation by a District Attorney. However, if you ever attended a misdemeanor proceeding, you would see a minimum of 2 attorneys. One is the Judge, the other is a Deputy D. A.

Furthermore, an appearance by a defense attorney is pretty normal in a misdemeanor proceeding; and that would make for 3 "attorneys".

---

However, if it were a misdemeanor and is CHARGED as a misdemeanor (meaning the possibility of jail time exists), it would be handled in a criminal division of the Superior Court and not in the Traffic Division. Traffic matters in CA are typically without a prosecuting attorney, and more often than not, also without a defense attorney (as the state does not provide one for traffic infractions in CA).

- Carl

Quote:

---

Quoting cdwjava

---

However, if it were a misdemeanor and is CHARGED as a misdemeanor (meaning the possibility of jail time exists), it would be handled in a criminal division of the Superior Court and not in the Traffic Division. Traffic matters in CA are typically without a prosecuting attorney, and more often than not, also without a defense attorney (as the state does not provide one for traffic infractions in CA).

- Carl

---

So are you saying that driving on a suspended license or a hit and run is not a "Traffic matter"?

Update: After doing some searching I found that this exit does exist on a different highway, but it does not exist on the freeway that I was traveling on. Is this a pretty big mistake or is it a non-issue?

Quote:

---

Quoting That Guy

---

So are you saying that driving on a suspended license or a hit and run is not a "Traffic matter"?

---

Missed this one ... the hit and run would generally be handled by the criminal division, not traffic, and the suspended license COULD be handled as a criminal matter but is often handled as a traffic one.

Quote:

---

Quoting Brewingold

---

Update: After doing some searching I found that this exit does exist on a different highway, but it does not exist on the freeway that I was traveling on. Is this a pretty big mistake or is it a non-issue?

---

If the state cannot establish jurisdiction, it's all over. However, even if they exist in the same county, the fact that the officer made such a grand error could look bad for the remainder of his testimony.

- carl