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  1. #1
    Join Date
    Jan 2014
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    Default Can You Get a Ticket Dismissed if a Notice of Correction Contains an Error

    My question involves traffic court in the State of: California, County of: Los Angeles.

    Hello,

    I received a Notice of Correction from the CHP for a traffic ticket. The ticket as written contained an incorrect date of violation. The Notice of Correction corrected the date of violation, however the named defendant on the Notice is incorrect (not me). The original ticket as written contained the correct defendant (me).

    The proof of service that accompanies the Notice lists the correct defendant (me).

    I have a court date to contest the ticket. Is the error in the Notice of Correction a valid point to raise during the trial, possibly for dismissal, or does the original ticket stand as written if the Notice of Correction is incorrect?

    Thank you for your time and input.

    G.

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

    Default Re: Can You Get a Ticket Dismissed if a Notice of Correction Contains an Error

    Quote Quoting GreenGuy33
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    Is the error in the Notice of Correction a valid point to raise during the trial...
    It will all get sorted out long before trial.

  3. #3
    Join Date
    Jan 2014
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    2

    Default Re: Can You Get a Ticket Dismissed if a Notice of Correction Contains an Error

    I don't expect that any additional corrections will occur. The ticket was issued on March 6, 2013. The notice of correction was delivered March 26, 2013. The trial date is Jan 30, 2014. I would be very surprised if any errors will be sorted by the CHP in the next 20 days given the time already elapsed.

  4. #4
    Join Date
    Mar 2009
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    LA LA Land
    Posts
    9,170

    Default Re: Can You Get a Ticket Dismissed if a Notice of Correction Contains an Error

    Quote Quoting GreenGuy33
    View Post
    I don't expect that any additional corrections will occur. The ticket was issued on March 6, 2013. The notice of correction was delivered March 26, 2013. The trial date is Jan 30, 2014. I would be very surprised if any errors will be sorted by the CHP in the next 20 days given the time already elapsed.
    So you came here to ask what? If ^^this^^ is the answer to your question then what would you like to know?

    What is it about your error that makes the citation defective and invalid? Clearly, the date you committed the violation was corrected... In fact, you were there so it being listed different on the citation is not likely to make it defective. It simply makes it correctable.... ANd it was corrected accordingly. The name difference would not be a material defect by virtue of you standing there in court saying "I am here to fight this citation that I received when I was driving on March 16th, 2013 but this is not my name".

    Are you expecting the judge to say "oops... sorry for the inconvenience, you are free to go" or.. Do you think he will say "what is your name and can I see you r ID?" (and you can play the "I don't have my ID" game but that could mean you will be held in custody until your identity can be determined) then he will add "we will just scratch that name and put in yours which obviously matches the name on the driver's license and the DL number clearly matches that which is on the citation, so we know it was you at the time of the stop".

    Were you under the impression that a correction has to happen on a correction form? A better question: how does the error impact the possibility of whether you committed the violation or not? If it does, fine you got a point, if it doesn't, then you can expect it to be corrected and the case will proceed as planned!

    Furthermore, you say the trial is on January 30th... Were you arraigned already? Did you enter a plea or are you going to do that on January 30th? If you've entered a plea and did not motion for a dismissal because of the error (motion would have been denied anyways) then by definition, you waived your right to demur and are bound by the plea you entered at which time the error will be considered a harmless error and it will be corrected on the record and the trial will proceed. If you haven't entered a plea then you can try and demur before you enter a plea at which time the error will be reviewed, the court will decide it is a harmless error and you will be ordered to enter your plea and proceed to trial.

    You are free to try a demurrer if you would like but would be advised to better review the court's local procedures for filing motions, review PENAL CODE SECTIONS 1002-1012 regarding Demurrers and Amendments, file it in a timely manner and serve the county D A's office (or the L A city attorney if this was in the city of LA) accordingly. I think you would be wasting your time and effort but you're free to explore that option if you choose.

    In summary, and whether it is long before or shortly before , the error will be corrected before trial.

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