Page 2 of 2 FirstFirst 1 2
Results 11 to 12 of 12
  1. #11
    Join Date
    Oct 2016
    Posts
    3,664

    Default Re: Traffic Ticket Wasn’t in System, have court appearance today which Courthouse clo

    You are welcome and good luck.

  2. #12
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    511

    Default Re: Traffic Ticket Wasn’t in System, have court appearance today which Courthouse clo

    I have a big problem with this practice. The original "NOTICE TO APPEAR" if filed after the appearance date on the citation has no legal authority. Because of the mandate of VC 40513 (…an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea…) the officer cannot change the date on the original citation, so the only recourse is to issue another citation. The problem that arises then is that the officer doesn't have your signature with your promise to appear in court on a certain future day, and without that signature and notice, the court lacks jurisdiction over you as the defendant (CCP 410.50). It is NOT your responsibility to check and see if the citation has been filed with the court. Keep in mind that the citing officer is not the prosecutor, he is only a witness.
    *****
    I may not always be right, but I am never wrong.

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. Speeding Tickets: Officer That Pulled Me Over Wasn't the Writer of My Ticket
    By Rocklizzard91 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 11
    Last Post: 01-19-2016, 10:45 AM
  2. Other Violations: Cell Phone Ticket on My Vehicle When I Wasn't Driving
    By CarFanatic in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 08-17-2014, 08:06 PM
  3. Speeding Tickets: Rental Car Speeding Ticket - I Wasn't the Driver
    By croz in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 11-14-2009, 08:13 PM
  4. Speeding Tickets: Wasn't Speeding but Got Ticket. What Now
    By carpet in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 02-04-2009, 08:57 PM
  5. Careless Driving: Is A Ticket Legitimate If The Officer Wasn't There To See
    By firstafro in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 03-03-2008, 02:20 AM
 
 
Sponsored Links

Legal Help, Information and Resources