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  1. #1
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    Apr 2011
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    Default Driving Without Headlights - Cop Wrote a Bad Ticket

    My question involves a traffic citation from the state of: California

    In December of 2010, I was pulled over while driving a vehicle that was not mine for driving without my headlights. I had a North Carolina license at the time (I am still not legally a California resident), and the cop was unable to locate the current registration on the vehicle, writing the name of the last owner on the ticket (even though that was not the legal owner of the vehicle at the time and the DMV will have record of that). He wrote the address on the ticket of my NC license (but it has recently been vacated, I will be handling that soon).

    I took the ticket to court to pay it and was told that the cop needed to refile the ticket. The violation code, apprently, had not been the same as the violation that he recorded (driving without headlights, he has written 24400(a)2 and what looks like a VC. How long does he have to refile the ticket before it becomes void?

    It was also marked as a non-correctable violation.

  2. #2
    Join Date
    Mar 2009
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    LA LA Land
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    9,170

    Default Re: Driving Without Headlights- Cop Wrote a Bad Ticket

    Quote Quoting Skyling
    View Post
    My question involves a traffic citation from the state of: California

    In December of 2010, I was pulled over while driving a vehicle that was not mine for driving without my headlights. I had a North Carolina license at the time (I am still not legally a California resident), and the cop was unable to locate the current registration on the vehicle, writing the name of the last owner on the ticket (even though that was not the legal owner of the vehicle at the time and the DMV will have record of that). He wrote the address on the ticket of my NC license (but it has recently been vacated, I will be handling that soon).

    I took the ticket to court to pay it and was told that the cop needed to refile the ticket. The violation code, apprently, had not been the same as the violation that he recorded (driving without headlights, he has written 24400(a)2 and what looks like a VC. How long does he have to refile the ticket before it becomes void?

    It was also marked as a non-correctable violation.
    They have one year from the date of the violation.

    And yes, Vehicle Code section 24400 was recently amended... It used to be that the violation under that code section would be enumerated as 24400(a)(2), it now needs to be cited as VC 24400(b).

    If/when it is amended, the officer is required to send you a "notice of correction" to the address shown on the citation. Since that is no longer your mailing address and since the appearance date will likely change due to the delay in reissuing the citation, it would be in your best interest to periodically check with the court so that you can appear by the new due date. Failing to do so, and missing the court date will result in a "Failure To Appear" charge being added, and your license will be suspended (and a notice of suspension will be sent to the North Carolina DMV). So you need to be proactive in keeping track of the status of the citation by either contacting the court by phone or through the court's website.

    Lastly, the name and address of the registered owner is not an issue that would invalidate the citation.

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