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  1. #1
    Join Date
    Jun 2010
    Posts
    7

    Question Trial Date Set, but Ticket Information is Erroneous

    My question involves traffic court in the State of: California

    Hello all,

    I posted a while back about receiving a ticket on my motorcycle for violating VC 21755; I am accused of crossing the fog line in a section of freeway with two merging HOV lanes from two different freeways.

    I have already plead not guilty and have a date set in mid-January, but I've discovered the information on the ticket is incorrect. The ticket occurred near the "Orange Crush" in Orange County, where several different freeways are located. However, this was specifically in a protected HOV-only section of two merging freeways, and he wrote down the two wrong highways.

    While preparing and researching for my defense, I've come across many sites that seem to indicate small errors (such as the difference between a blue and green vehicle) are not a big deal, but that major discrepancies may result in the case being tossed. So with that in mind, I'm curious of your thoughts on:

    1) Could the incorrect freeway on the ticket result in a dismissed case?

    2) If it does not get dismissed, will this adversely affect defending myself in any way since the indicated interchange does not, in fact, actually exist?

    Any help would be greatly appreciated.

    For what it's worth, the ticket also contains "Beat", "Area" and "Special" fields with numbers written in them. I suppose it's possible that the wrong freeways are moot if these numbers are correct, but I personally have no idea what those fields mean or the numbers within them.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Trial Date Set, but Ticket Information is Erroneous

    If you argue to the court that the wrong roads are indicated, it's possible that the court will allow the officer to amend the ticket or proceed based upon testimony of the correct roads. Even if the ticket is dismissed it could potentially be refiled with the correct freeway names. Also, without knowing the details, it's impossible to know how material the defect is - how the mistake occurred and whether that would actually create confusion as to the location of the accident.

    Is the offense described actually possible at the location identified on the ticket?

  3. #3
    Join Date
    Jun 2010
    Posts
    7

    Default Re: Trial Date Set, but Ticket Information is Erroneous

    Quote Quoting Mr. Knowitall
    View Post
    Is the offense described actually possible at the location identified on the ticket?
    No; the interchange does not exist as-written on the ticket.

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