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  1. #1
    Join Date
    May 2013
    Posts
    3

    Angry Can I Get Out of Ticket that Lists the Wrong Court Date

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

    On 6/16/12, I was pulled over by a very angry and belligerent CHP who said I was on my cell phone. I told him that I have Blue Tooth and the phone goes to my car. He yelled at me and said he didn't have time to play my game.

    The date on my ticket says 8/16/12 with a court date of 8/14/12 which is 2 days before he wrote the ticket. I never received anything in the mail and nothing was in the LA Superior Court website under the ticket # or my Drivers License.

    Just in case I went to the court house on 8/13/12 to see what was going on and how I could file a Declaration and nothing was in the system still. The clerk told me that there was no way to File anything because there is nothing in their system so she just gave me a paper stating that I Appeared in Court. At this point I thought the CHP felt bad about his behavior and didn't put the ticket in.

    On May 9, 2013 I receive a Notice of Correction and Proof of Service. People of The State of California vs. me. It says the citation contained an error. Date/time of violation should be 8/16/2012 and Court Appearance should be changed from 8/14/12 to 7/10/2013. The have my last name spelled wrong and it isn't even signed by an Officer.

    I think its bullshit to still have to go to court over a year later!! How do I prove that the date should be 6/16/12? He even circled that it was a Saturday but 8/16/12 was a Thursday.
    Is there any way to get out of this due to technical errors?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can I Get Out of Ticket for Wrong Date

    Cases are not tried on the side of the road. If you were holding your phone, no matter what great interconnect to your car it employs you are in violation of the law.

    You'll not get out of the citation based on anything that is WRITTEN on the ticket. It's irrelevant.
    Yes, you have to deal with this stuff now.

    Please do NOT use profanity on these forums.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Can I Get Out of Ticket for Wrong Date

    The statute of limitations for traffic infractions is in fact 1 year. And as long as the citation gets filed in court within the 1 year period, then it is as legitimate as the day it was written.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can I Get Out of Ticket for Wrong Date

    Hey, TG. How about the 45 day speedy trial limit in CA?

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Can I Get Out of Ticket for Wrong Date

    Quote Quoting flyingron
    View Post
    Hey, TG. How about the 45 day speedy trial limit in CA?
    That would apply to the time period between the arraignment and the date of trial. It doesn't appear this defendant has been arraigned as of yet.

  6. #6
    Join Date
    May 2013
    Posts
    3

    Default Re: Can I Get Out of Ticket for Wrong Date

    There is still no information on my ticket in the system under my drivers license or ticket #. How did they send me a Proof of Correction when nothing is in the system?

  7. #7
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Can I Get Out of Ticket for Wrong Date

    Quote Quoting syebisu
    View Post
    There is still no information on my ticket in the system under my drivers license or ticket #. How did they send me a Proof of Correction when nothing is in the system?
    I couldn't tell you the exact reason or the actual explanation... Typically, a proof of correction need not be issued only on a citation that has been filed and is in the system. If the citation has not been filed yet, and the officer realizes he needs to correct an entry, then he can make the correction, send you a copy, and file both, the citation and the correction at the same time!

    If you are looking for a more definitive answer than that, then you will have to contact the court clerk or go to the courthouse in person.

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