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  1. #1
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    Oct 2010
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    Default Officer Changed VC Section After I Submitted Trial by Written Declaration

    My question involves a traffic ticket from the state of: California.

    I received a ticket on Sept. 13 2010 for failing to yield at a red light while making a right turn (VC 21453(b)). The officer originally claimed I had run the red light, but after I protested (I most certainly DID stop at the light before proceeding), he said he would "give me a break" and only charge me with failing to yield, a lesser offense (and about half the cost).

    While his gesture was certainly appreciated, I felt I had sufficient grounds to challenge that charge as well, and I submitted my Trial by Written Declaration paperwork on October 22, 2010, paid the bail required for VC 21453(b), and thought that was that.

    On October 28, 2010 I received in the mail a Notice of Correction and Proof of Service from the officer, who changed the violation from VC 21453(b) to VC 21453(a). The only reason I can think of that he did this was to be vindictive after learning I am challenging the ticket.

    Can the officer do that? Does what he did constitute perjury on his part, since he told me at the time that he was NOT going to change me for running a red light? What is my recourse?

  2. #2
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    Feb 2010
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    Default Re: Officer Changed VC Section After I Submitted Trial by Written Declaration

    i believe that the cop can change to ticket to correct errors but not to change the charge for the reasons shown here. Motion for dismissal on these grounds ... google scholar research this. If he gave you a break, thats fine, but he cannot later change his demeanor like this. It was not an error he "corrected"; it was a change in the citation due to you applying your rights. He is being an ass. I would say that he agreed with you during the traffic stop that you were not guilty of running a red light (you argued & he did not give you a ticket for this, right?). I would not state he was going to give you a break (this indicates that he did think you ran the light). Bring this up in a pre-trial motion --- at least the judge will see this argument several times..

  3. #3
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    Default Re: Officer Changed VC Section After I Submitted Trial by Written Declaration

    The Notice of Correction was filed and formally served upon you to resolve the issue of the wrong code section being erroneously cited.

    A statement made out of court is not perjury.

    From what you say, it sounds like the officer gave you a break at the time of the incident based upon your claims to him, and when you chose to use that break to try to completely avoid the ticket he amended the charge back to the one he believes he saw you commit. But from any other perspective it looks like the correction of a minor clerical error.

  4. #4
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    Oct 2010
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    Default Re: Officer Changed VC Section After I Submitted Trial by Written Declaration

    The section listed on the original citation was not wrong. The officer told me which violation he was citing me for. He even wrote the description of said violation next to vehicle code. Now he is saying, via the Notice of Correction, that he is changing the vehicle code to the more serious violation. The Notice of Correction reads like it is supposed to amend mistakes on the original citation (typos and "minor clerical errors" as you state) not for some vindictive cop to get back at someone for contesting a ticket, which is my right to do. And if he is trying to say "Oops! I wrote down the wrong vehicle code!" then he is lying and it does constitute perjury, as 1) his statement is filed with the court and 2) the Notice of Correction states: "I declare under penalty of perjury ... that the foregoing is true and correct" followed by his signature.

    Also, I didn't "use that break to completely avoid the ticket". I felt his allegation that I ran a red light was completely specious, and his secondary allegation that I failed to yield was debatable, hence the TBWD.

  5. #5
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    Default Re: Officer Changed VC Section After I Submitted Trial by Written Declaration

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    The officer originally claimed I had run the red light...
    More often than not, that means you failed to make a complete stop at the limit line before proceeding through to make your turn. Meaning, you rolled over the line/stopped after passing the line and proceeded to make your turn. Of course I have no idea what the officer saw or what he will testify to... You'll have to wait and see!

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    ... but after I protested (I most certainly DID stop at the light before proceeding)...
    Again, simply "stopping", and unless it happened BEFORE you crossed the limit line, is still in violation of 21453(a).

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    The section listed on the original citation was not wrong. The officer told me which violation he was citing me for. He even wrote the description of said violation next to vehicle code. Now he is saying, via the Notice of Correction, that he is changing the vehicle code to the more serious violation. The Notice of Correction reads like it is supposed to amend mistakes on the original citation (typos and "minor clerical errors" as you state) not for some vindictive cop to get back at someone for contesting a ticket, which is my right to do. And if he is trying to say "Oops! I wrote down the wrong vehicle code!" then he is lying and it does constitute perjury, as 1) his statement is filed with the court and 2) the Notice of Correction states: "I declare under penalty of perjury ... that the foregoing is true and correct" followed by his signature.
    And as long as the officer can articulate that the elements of the offense charged in the notice of correction (the 21453(a) code section) did in fact occur, then the amendment is valid (as long as it was filed properly and notice of the same is sent to you).

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    I felt his allegation that I ran a red light was completely specious, and his secondary allegation that I failed to yield was debatable, hence the TBWD.
    Well, if you felt it was "specious" before it was amended then then I can only assume that you still feel the same after. Make the argument in court and see whether the judge agrees or not!

  6. #6
    Join Date
    Feb 2010
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    Default Re: Officer Changed VC Section After I Submitted Trial by Written Declaration

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    My question involves a traffic ticket from the state of: California.

    I received a ticket on Sept. 13 2010 for failing to yield at a red light while making a right turn (VC 21453(b)). The officer originally claimed I had run the red light, but after I protested (I most certainly DID stop at the light before proceeding), he said he would "give me a break" and only charge me with failing to yield, a lesser offense (and about half the cost).

    While his gesture was certainly appreciated, I felt I had sufficient grounds to challenge that charge as well, and I submitted my Trial by Written Declaration paperwork on October 22, 2010, paid the bail required for VC 21453(b), and thought that was that.

    On October 28, 2010 I received in the mail a Notice of Correction and Proof of Service from the officer, who changed the violation from VC 21453(b) to VC 21453(a). The only reason I can think of that he did this was to be vindictive after learning I am challenging the ticket.

    Can the officer do that? Does what he did constitute perjury on his part, since he told me at the time that he was NOT going to change me for running a red light? What is my recourse?
    As has been explained, 'perjury' is only lying in court.

    The whole 'he said' thing is a losing proposition- the judge will believe nothing you say, and the officer will 'not remember' anything that helps your case. You will NEVER be able to prove he is lying (not saying he is).

    You submitted the TBWD request, not the actual declaration- correct?

    Any witness?

    Sadly, traffic court is grossly unfair- judges essentially discount everything YOU say, and accept the officers testimonay as unassailable fact.

    GL

    A

  7. #7
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    Oct 2010
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    Default Re: Officer Changed VC Section After I Submitted Trial by Written Declaration

    Thanks for the reply adam_.

    I did submit the actual TBWD paperwork, not just the request.

    I am not out to prove that the officer was lying. I just can't let his allegation go unchallenged; I know what I did and didn't do. Although if one can only perjure oneself in court, I'm not sure why they print the whole "I declare under penalty of perjury..." stuff at the bottom of the form he filled out.

    And as far as traffic court being completely stacked in favor of the officer, I wouldn't doubt it. But it then begs the question: what is the point of TBWD? Or any traffic court trial for that matter.

  8. #8
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    Default Re: Officer Changed VC Section After I Submitted Trial by Written Declaration

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    Thanks for the reply adam_.

    I did submit the actual TBWD paperwork, not just the request.

    I am not out to prove that the officer was lying. I just can't let his allegation go unchallenged; I know what I did and didn't do. Although if one can only perjure oneself in court, I'm not sure why they print the whole "I declare under penalty of perjury..." stuff at the bottom of the form he filled out.

    And as far as traffic court being completely stacked in favor of the officer, I wouldn't doubt it. But it then begs the question: what is the point of TBWD? Or any traffic court trial for that matter.
    Others more expert may chime in, but once you are charged, I thought they could not change that...your TBWD responds to the citation as first charged. How are you to have a trial if the charges are changed after you 'testify'? (ie you TBWD)

    Back to the perjury- 1. You will never prove it, and 2. Whos to say he was lying at the traffic stop and telling the truth on the form?

    Whats the point of TBWD or court? One wonders...the written stuff is almost a total waste, and court at least they have to put on a good show.

    GL

    A

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