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  1. #1
    Join Date
    Jun 2007
    Posts
    3

    Default Multiple Errors On A Ticket As A Basis For Appeal

    I went to traffic court about 2 weeks ago to fight a ticket. While I'm 100% sure I did not exceed the traffic speed, the officer insisted he observed me speeding (Of course, the curious bit was that the officer's story changed significantly in court from when he pulled me over, but we'll save that for a little bit).

    As a preface, I was going 55 in a 55, and the officer claimed I was going 68.

    During the trial, I had pointed out and presented as evidence in court that the officer made errors on the ticket the date of event, my street address, my license plate number, and the date of arraignment. I also pointed out that the officer testified the event occurred on the wrong date, that there was a SUV speeding near me at the time he claimed that he RADAR'd me (At the pullover, he mentioned this vehicle and how he observed it speeding, but during the court case, he "did not recall"), and that all he could recall of the situation was my car w/ modified exhaust, and the speed I was travelling at, and that it was raining an hour before, but not the curvature of the road, the presence of other cars on the road, etc...

    When going against a cop, who's observance of facts is considered the law, I figured the best way to defend myself was to politely point out the errors of the cop's testimony, present the situation and evidence, and let the facts speak for themselves. So, I based my arguments on the above and with the provable facts I had with me.

    Unfortunately, the Judge ruled against me. He completely ignored all of my arguments that the officer failed to perform fact-checking on the situation (to verify I was the one speeding), the errors in his testimony, and the rather significant errors on the ticket, and basically said that since the electronics in a police interceptor are infallible, and I was found guilty.

    Would these four errors (date on ticket, address, license plate number, date of arraignment), plus the errors in the officer's testimony (including testifying the wrong date) be enough to appeal this case?

  2. #2
    Join Date
    Jul 2007
    Location
    naples, florida
    Posts
    2

    Default Re: 4 errors on ticket (including wrong date and license plate number) enough to appe

    hey the part that he put the wrong person's name on the ticket, address and driver's liscence number on the ticket... that happened to me in florida. can this be dropped.

  3. #3
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: 4 errors on ticket (including wrong date and license plate number) enough to appe

    Appealing a case due to lack of evidence generally does not work.

    But nobody here can tell you what an appeals judge will do.

    So try it.

  4. #4
    Join Date
    Jun 2007
    Posts
    3

    Default Re: 4 errors on ticket (including wrong date and license plate number) enough to appe

    Quote Quoting seniorjudge
    View Post
    Appealing a case due to lack of evidence generally does not work.

    But nobody here can tell you what an appeals judge will do.

    So try it.
    I figure I've been given no other choice. I wrote a nice letter to the judge, not admitting guilt but politely requesting to take traffic court. If he would let me do this, I am willing to forget about the fine (The insurance costs are what I care about), but if I can't get traffic court, I'm gonna have to take every step I can to protect myself.

    Does anyone know which CA law that states how accurate a ticket has to be?

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: 4 errors on ticket (including wrong date and license plate number) enough to appe

    Quote Quoting EPC7
    Does anyone know which CA law that states how accurate a ticket has to be?
    There is no statute on the matter.

    An error on the date of the event CAN be an issue if it goes to trial and he testified inaccurately. However, courts tend to be lenient on this as it is obvious that the two of you met even if the officer wrote the wrong date down. The date of the event is also not an element of the offense, the location (for jurisdictional purposes) is more important.

    Errors in street addresses are common depending on how the information is obtained (via radio, old address, bad transcription by the officer, etc.) and since it is not an element of the offense, not usually an issue.

    The wrong license plate number can also be a matter of poor transcription as can the arraignment date. Depending on what he wrote down compared to what the arraignment date was, it's likely no big deal ... unless you failed to show in court.

    You can certainly use these things to try and show reasonable doubt to the court by arguing that the officer's attention to detail that day was poor. But, if the facts of the contact as testified to by the officer are such that such detail may not be necessary, then this, too, may be of little impact to the court.

    In general clerical matters are not a great concern to the court. But, judges all have their own ideas and it is possible that one might decide that the officer made too many blunders.

    - Carl

  6. #6
    Join Date
    Jun 2007
    Posts
    3

    Default Re: 4 errors on ticket (including wrong date and license plate number) enough to appe

    Quote Quoting cdwjava
    View Post
    There is no statute on the matter.

    An error on the date of the event CAN be an issue if it goes to trial and he testified inaccurately. However, courts tend to be lenient on this as it is obvious that the two of you met even if the officer wrote the wrong date down. The date of the event is also not an element of the offense, the location (for jurisdictional purposes) is more important.

    Errors in street addresses are common depending on how the information is obtained (via radio, old address, bad transcription by the officer, etc.) and since it is not an element of the offense, not usually an issue.

    The wrong license plate number can also be a matter of poor transcription as can the arraignment date. Depending on what he wrote down compared to what the arraignment date was, it's likely no big deal ... unless you failed to show in court.

    You can certainly use these things to try and show reasonable doubt to the court by arguing that the officer's attention to detail that day was poor. But, if the facts of the contact as testified to by the officer are such that such detail may not be necessary, then this, too, may be of little impact to the court.

    In general clerical matters are not a great concern to the court. But, judges all have their own ideas and it is possible that one might decide that the officer made too many blunders.

    - Carl
    The whole event was a veritable comedy of errors on the part of the authorities involved. My letter for my Trial de Novo also stated that my court time was 11PM at night, when it was actually 11AM that day.

    I just find it personally rather frustrating (So I apologize for my tone) that I have to continue to do this to protect my name, especially when the officer made so many errors on the ticket and his testimony, and then can follow it up with "and I estimated his speed at...", and yet somehow it still stands

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