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Ticket with Many Procedural Defects

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  • 01-06-2010, 11:58 AM
    jake62
    Ticket with Many Procedural Defects
    My question involves a speeding ticket from the State of: California

    On 8/20/2009 I was pulled over by CHP on a Fresno street. I was told I was going 50 in a 40. I was doing a little over 45 when I saw the officer.
    When I got home with the ticket I noticed that there were several things wrong.
    1. None of the speed information was filled in (ie ;my speed, posted speed, safe speed, etc)
    2. The officer put my age as 48 on 8/20/2009 when I was born 9/1962
    3. Beat # was blank
    The appearance date on the ticket was 10/19/2009. On 9/24/2009 I received a notice of correction for the ticket. It was hand written and signed by the officer and noted a change in the beat as “Beat should be #30”.
    When I went to the court (10/19/2009) and spoke to the clerk stating I wanted to contest the ticket, I pointed out the discrepancies. The clerk paused and then told me that the ticket had not yet been entered into the system. She said that they have one year to get the ticket entered into the system. (Is there a way to check the court logs and records to see if the ticket had actually been entered at this time?). The clerk made a note on the ticket and put the date I was there to be 10/19/2009.
    Several days later I received another notice of correction, (how convenient). It was typewritten and the correction was as follows
    “Date/time of appearance should be changed from 10/19/2009 to 1/5/2010
    Speed approx – 55mph
    P.F/max speed – 40mph
    Beat – 30”
    This notice was not signed by the officer which makes me doubt that he actually filled out the information.
    I went to the court again on 1/5/2010 and spoke to the clerk. She told me that I needed to pay the $285.00 bail to contest the ticket. I thought as an accused I was to be innocent until proven guilty. In this case I am to pay the penalty first then see if I am actually guilty?
    My court date is set for 2/18/2010 and I need as much information as I can get to contest this ticket. Is there anything in procedural law that I can use? Is there case history for this type of thing? If the “system” is allowed one year to prepare a case, should we the people be allowed the same amount of time? I don’t want this to happen to another citizen who wouldn’t know to look for these discrepancies.
  • 01-07-2010, 08:15 PM
    Mr. Knowitall
    Re: Ticket with Many Procedural Defects
    If you want to find out if the ticket is in the court's system, just as you did previously, inquire with the court. I would have to assume from the fact that you've now posted bond that your ticket is in the system. Bond assures that you will appear in court as scheduled (and likely covers your fine if convicted).
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