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  1. #1
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    Dec 2016
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    Default Filing a Trial by Declaration for a Ticket With the Wrong Citation Code

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

    Hi All,

    I recently got cited for failure to stop at a stop sign but when I reviewed by ticket it showed the wrong citation code. Basically, on the ticket citation description it says "21800 (c) c.v.c failure to stop at stop sign." The court notice that I received is also listed under the wrong code. Upon my research I know the failure to stop is definitely not code 21800 (c).

    21800 (c) c.v.c is: Driver does not yield the right of way to a vehicle that has already entered the intersection which clearly not what the officer was trying to cite me for. This definitely very different from a failure to stop at stop sign violation.

    I've had good luck with Trial by Declaration in the past and looking for strategy on how to fight this. One thing that throws me off is the incorrect violation code vs. description of the violation.

    I have the following questions:

    1) Now that the court notice has been sent, can the police still change it to the correct code? Even after the TBD request has been submitted?

    2) If I attempt to do a TBD, should I fight this solely on incorrect violation code or should include information on what the officer was really going after me for? Another word, is it not good to say too much?

    As for the failure to stop at stop sign, I did stop and even have witness in the car. But from what I gathered, a passenger can't be witness?

    Love to hear back from someone who had success related to my situation.

    Thanks!

  2. #2
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    Default Re: Filing a Trial by Declaration for a Ticket With the Wrong Citation Code

    Eh? Was there another car present at the stop signs or in the intersection? The captioning it as "failure to stop" means nothing if the officer is asserting you didn't rightfully yield.

    The charge can be amended up to the trial.
    Chances are you're going to lose a TBD if the officer writes anything.

    Your passenger can be a witness, they just won't be a compelling witness in the light of the officer's expert testimony.

    You can try a TBD, but you should be prepared to either accept the conviction or go to trial de novo. You should request discovery from his department (mostly the back side of the notes) to see what you are up against for the trial.

  3. #3
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    Default Re: Filing a Trial by Declaration for a Ticket With the Wrong Citation Code

    There was no car present at the time. He said I just blasted through the stop sign and that's what he intended to charge me with. The cop was parked about 100 feet away on a building to the right and he said he saw me. This is total BS because I had actually saw him prior to crossing the intersection. Why would I do this knowing a cop is parked right there??

    If I'm defending myself based on the incorrect citation code, there was no one to yield because I was the only one on the intersection. I think I'm just confused as to which charge should I defend against? It seems fighting agains incorrect citation codes is all over the map. Someone is a good chance getting off while others says it's simply a "clerical error".

    Should I proceed with requesting the court to drop the charge due to incorrect code or defend myself based on the wrong citation code?

    Why I choose TBD over court trial:

    Cops get paid over time for court trials vs. TBD do not. Guess which one is they like more?

  4. #4
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    Default Re: Filing a Trial by Declaration for a Ticket With the Wrong Citation Code

    Please avoid using profanity here. It annoys us and it will get you into big trouble in front of a judge. The sad truth is that EVERYBODY thinks they stop properly. Stand at an average intersection and you'll find a good number don't have a complete cessation of motion before the limit line as required by the law. My wife swears up and down she stops and she never does, really.

    Your argument the officer is too far away is also not compelling.

    You defend yourself based on what you are charged with. In your TBD you state there were no other cars to yield to and hence you can't be guilty of what you were charged with. Again, TBD isn't quite the same as live court. No matter how great your argument, chances are you lose, but you really have nothing to lose.

    Your argument about overtime is specious. First off, it's not even true. Officers typically are scheduled for traffic court on regular duty days. Even, if they did get overtime for appearing, chances are the day you're scheduled for trial is a day they were already being paid to be there. The idea that you're somehow depriving the officer of money is specious.

  5. #5
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    Default Re: Filing a Trial by Declaration for a Ticket With the Wrong Citation Code

    OK, is there a way I can use mismatched violation code and description on my ticket to my advantage? Let's say I go to trial for the incorrect violation code and then at that point I bring it up to the judge regarding the wrong violation code.

    Can the judge ask the officer correct the code and redo the whole trial again?

  6. #6
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    Default Re: Filing a Trial by Declaration for a Ticket With the Wrong Citation Code

    The piece of paper that is the ticket means nothing at the trial.

    What you want the cop to say is that there were no other cars (you can do that in cross-examination) or just omit stating there was a car there, to begin with. You can then point out that you're charged with failing to yield and the state hasn't made its case.

  7. #7
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    Default Re: Filing a Trial by Declaration for a Ticket With the Wrong Citation Code

    Quote Quoting optical999
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    should I fight this solely on incorrect violation code or should include information on what the officer was really going after me for? Another word, is it not good to say too much?
    You can always file a demurrer to the citation.

    PC sec 1004 states in pertinent part "The defendant may demur to the accusatory pleading …that it does not substantially conform to the provisions of Sections 950 and 952…"

    PC sec. 952 states "In charging an offense, each count shall contain…a statement…sufficient to give the accused notice of the offense of which he is accused."

    To me, there is some confusion as to what the actual charge is and therefore needs to be clarified before entering a plea and having to prepare a defense.

    Because this is a traffic infraction, the formalities of these proceedings are considerably less strict than in regular criminal proceedings. I would suggest that you write a letter to the court stating the uncertainty of the charge and that you need clarification of what the actual charge is before you can continue. This in essence would be the same as filing a demurrer.

  8. #8
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    Default Re: Filing a Trial by Declaration for a Ticket With the Wrong Citation Code

    Once the TBD has been submitted, can the officer correct violation code?

    Here is basically a he says vs. me says situation?

  9. #9
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    Default Re: Filing a Trial by Declaration for a Ticket With the Wrong Citation Code

    Quote Quoting optical999
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    Once the TBD has been submitted, can the officer correct violation code?
    Can they be? Possibly but it's unlikely. Usually it gets caught way before then.
    Here is basically a he says vs. me says situation?
    Nope, it's a "He says" situation. if what "He says" incriminates you, what you say largely doesn't matter.

  10. #10
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    Default Re: Filing a Trial by Declaration for a Ticket With the Wrong Citation Code

    Quote Quoting flyingron
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    Can they be? Possibly but it's unlikely.
    It's not even remotely possible. The charges cannot be changed after you have already presented your defense.

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