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  1. #1
    Join Date
    Aug 2018
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    4

    Default Will a Ticket be Dismissed Based on an Error in the Time it Was Issued

    My question involves a traffic ticket from the state of: CA

    I was cited for speeding on the 101 in Marin County (81 in a 65). I'm electing to a trial by written declaration and I have a few questions. I was pulled over at 1am, the officer marked 1pm on the ticket, does this come into play at all? I was in a rental and I swear I had the cruise set to 75. I'm not familiar with the area and it was a large 5-6 lane highway. I assumed it was a 70-75 area and guess I was mistaken. There was very little traffic and there were several cars going much faster at the time, I was the second to get stopped in the group of traffic. Any help or pointers would be much appreciated. Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,495

    Default Re: California Speeding Violation - How Much Weight Does an Error on the Ticket Hold

    1 PM??? That's unusual since law enforcement tend to use military time. So, 1 AM would have been 0100 on the ticket and 1 PM would have been 1300. You're saying that the officer actually wrote 1 PM? Or, did he write, "0100" and then mark the "PM" box?

    Generally, an oops like that is not an automatic disqualifier.

    What code section were you cited for? What kind of defense you might make will depend on the offense cited. Though, it doesn't sound like you're going to have much of a defense besides stating you think you were going 75 which would be an admission to excessive speed.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Aug 2018
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    4

    Default Re: California Speeding Violation - How Much Weight Does an Error on the Ticket Hold

    He wrote 1:26 and marked PM. I was cited for code 22349(a)VC. Does the survey defense not apply in this instance? I would assume this section would be surveyed at 70-75 and that's why they speed trap there, it feels like it should have a higher limit. It being a rental also has no weight? Thanks again.

  4. #4
    Join Date
    Mar 2013
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    1,244

    Default Re: California Speeding Violation - How Much Weight Does an Error on the Ticket Hold

    The time discrepancy is a minor clerical error and can be amended by the officer prior to court or in court.

    Under CVC 22349(a), 65 MPH is the maximum allowable speed limit on a highway, unless a speed survey has been conducted that justifies raising it to 70 MPH. No survey is required for 65 MPH.

    If the speed limit is 65 MPH and you acknowledge setting your cruise control for 75 MPH, you have admitted the violation. Now, the only thing in dispute is the 6 MPH difference between what speed you think you were going and what you were cited for. Even then, we are onlyu talking abvout a few dollars difference in the fine.

    A couple quick questions with respect to the accuracy of your speed perceptions. When was the last time the speedometer was calibrated on the car you were driving? (I drive relative new cars and mine are off by several MPH in the 60 to 80 MPH range.) Next, is it possible you were on a downgrade when the officer measured your speed? Remember, cruise controls maintain a minimum set speed, but when you exceed that speed (like when going on a downgrade) all they will do is lift off the gas. They will not apply the brakes to slow the car down.

  5. #5

    Default Re: California Speeding Violation - How Much Weight Does an Error on the Ticket Hold

    Not much. Officer wrote the wrong time on my ticket too but it was basically a non-factor. Also wrote the wrong court date (Sunday), which he amended a week later.

    When I was in court to fight my ticket, one of the cases before me was a woman who was ticketed for doing 75 in a 55. Her defense was that she couldn't have been going that fast cause she had set her cruise control at 63. The judge just looked at her and said either way you just admitted to speeding and found her guilty.

    I don't think you'll get out of this ticket but it's worth a TBD I guess. Might want to omit the part where you admit you were speeding with the cruise control engaged.

  6. #6
    Join Date
    Jul 2018
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    1,988

    Default Re: Ticket Error

    Quote Quoting Lol_irl
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    I was pulled over at 1am, the officer marked 1pm on the ticket, does this come into play at all?
    Unless the speed limit varies based on the time of day (and, based on my experience on that particular road, it doesn't), no.

    Quote Quoting Lol_irl
    View Post
    Any help or pointers would be much appreciated.
    Nothing you posted suggests any basis for a defense. Your best bet probably would be to take care of this by going to traffic school. It can be done online nowadays.

  7. #7
    Join Date
    Aug 2018
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    4

    Default Re: California Speeding Violation - How Much Weight Does an Error on the Ticket Hold

    Quote Quoting L-1
    View Post
    The time discrepancy is a minor clerical error and can be amended by the officer prior to court or in court.

    Under CVC 22349(a), 65 MPH is the maximum allowable speed limit on a highway, unless a speed survey has been conducted that justifies raising it to 70 MPH. No survey is required for 65 MPH.

    If the speed limit is 65 MPH and you acknowledge setting your cruise control for 75 MPH, you have admitted the violation. Now, the only thing in dispute is the 6 MPH difference between what speed you think you were going and what you were cited for. Even then, we are onlyu talking abvout a few dollars difference in the fine.

    A couple quick questions with respect to the accuracy of your speed perceptions. When was the last time the speedometer was calibrated on the car you were driving? (I drive relative new cars and mine are off by several MPH in the 60 to 80 MPH range.) Next, is it possible you were on a downgrade when the officer measured your speed? Remember, cruise controls maintain a minimum set speed, but when you exceed that speed (like when going on a downgrade) all they will do is lift off the gas. They will not apply the brakes to slow the car down.
    Thanks for the response. So, I believe the difference in fines is actually about $140. You bring up a good point and that's why I was wondering if it being a rental mattered at all. I have no idea when the speedometer was calibrated, how can I be responsible for knowing the equipment in a rental is accurate? I wasn't going downhill, slight incline actually I believe.

    I'm a little surprised that the time mistake holds no weight. I know it's nit-picky but not only for my selfish motivations I would think details like this should matter on any citation. I could provide proof I was not there at 1pm and should instantly be a "Get the paperwork right next time" situation for the officer.

  8. #8
    Join Date
    Sep 2005
    Location
    California
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    20,495

    Default Re: California Speeding Violation - How Much Weight Does an Error on the Ticket Hold

    Only if coupled with a number of such errors will the time mistake generally be considered an indication of inattention to detail such as to cast doubt upon the officer's observations. Ultimately, it will be what the officer testifies to that will be the issue, not what is written on the citation. In CA the citation is, essentially, a charging instrument, not specifically evidence.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
    Join Date
    Aug 2018
    Posts
    4

    Default Re: California Speeding Violation - How Much Weight Does an Error on the Ticket Hold

    Quote Quoting cdwjava
    View Post
    In CA the citation is, essentially, a charging instrument, not specifically evidence.
    That makes sense, thank you.

  10. #10
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: California Speeding Violation - How Much Weight Does an Error on the Ticket Hold

    If it's not amended (the time) then wait for the officer to testify. Then when it's your turn to present to the judge tell them where you were at 1pm on that date and that you were not driving at that time. It's likely the officer will reopen and tell the judge there was a mixup in time. If that happens, especially if there are any other errors, may push the verdict to your favor.

    Its not saying that you didn't receive a ticket because you were sleeping in a hotel at the time, because you signed it but its showing that the officer made a mistake. It's more showing the judge the officer committed an error.

    It is unlikely the officer or his clerical staff will catch the time issue prior to trial.

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