Results 1 to 6 of 6
  1. #1
    Join Date
    Apr 2008
    Posts
    3

    Question Location Of Violation Blank, Then Improperly Corrected (22350 Violation)

    (I apologize for the re-post - my previous title was not descriptive at all)

    My question involves a speeding ticket from the State of: California.

    I was clocked 49 in a 30 zone by laser. The officer forgot to indicate the "Location of Violation" on the citation. The Police Department later sent me a letter with a correction on the location "from blank to Street A/Street B" which is NOT where my citation was issued. No direction was indicated.

    I am planning to request a Trial by Declaration, but I'm not sure what evidence I can cite (or lack of on the officer's part) to indicate that the traffic citation was not properly written nor corrected. Do I have to offer a correction to the location?

    I'm not sure that it's just to be cited for a violation at a location at which I wasn't travelling.

    Can anybody please offer some advice?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Location Of Violation Blank, Then Improperly Corrected (22350 Violation)

    Perhaps one of our ticket gurus will chime in.

    As I see it, though, it's problematic to defend this by TBD. If you state, "I wasn't at location X," the officer can respond, "Yes, he was." If you state, "I wasn't at location X, I was at location Y," the officer can respond, "The speed limit at location Y is also 30 MPH." Either way, a corrected citation might be issued specifying location Y. So I'm not sure how you win.

  3. #3
    Join Date
    Apr 2008
    Posts
    3

    Default Re: Location Of Violation Blank, Then Improperly Corrected (22350 Violation)

    Thanks Mr. Knowitall. This is exactly my concern. I'm writing my TBD tonight along the lines of...
    ------------------
    The XYZ Police Department sent a letter to me dated April 10, 2008, indicating that an error was made on the Citation and that the following correction has been made: "change location of violation from blank to Aaa/Bbb..." (letter will be attached)

    I did not travel through the intersection of Aaa/Bbb nor did I travel along either of these streets (Aaa nor Bbb) on the date of the citation.

    The location of the offense cannot be adequately determined, therefore, this violation should be dismissed on its face, as I cannot defend myself.
    ------------------

    Seems oversimplified, and I feel like I'm leaving something out.

    I'm hoping cdwjava can chime in. He seems to have helped cadriver38 with a similar citation, but the wringer in my case is exactly what you stated.

    I'd love to hear from anybody else with recommendations about this case.

    Thanks in advance!

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,416

    Default Re: Location Of Violation Blank, Then Improperly Corrected (22350 Violation)

    Quote Quoting shinysideup
    View Post
    I was clocked 49 in a 30 zone by laser. The officer forgot to indicate the "Location of Violation" on the citation. The Police Department later sent me a letter with a correction on the location "from blank to Street A/Street B" which is NOT where my citation was issued. No direction was indicated.
    Were you on either A or B street when the cite was issued? How far away was your actual location? If it is a block or two, it may be of little note. However, you indicate in your recent post that you were never on either street - that makes it better for you.

    I am planning to request a Trial by Declaration, but I'm not sure what evidence I can cite (or lack of on the officer's part) to indicate that the traffic citation was not properly written nor corrected. Do I have to offer a correction to the location?
    Your corrected text works better, in my opinion, than offering the correction yourself. However, here is the rub that I see - the officer will say he observed you passing through A Street at B Street, you will say you were never there, and the judge will have to decide which of you is mistaken. These "he said, he said" cases tend to go to the officer. Plus, if the officer gets wind of your defense, the cite might be amended again before any trial de novo ... not sure if that's possible or not, but it might be.

    I might be inclined to appear and make that argument at trial if it were me. But, if your die is already cast with the TBWD then you have to make the best of it. Admittedly, I am not all that knowledgeable in writing TBWD - not from the defense perspective, anyway - and have never yet seen the defendant's version of one. The key thing to keep in mind is that the officer has to show to the judge's satisfaction that you committed the violation at the location he said. If everything else in the officer's account is articulate save the location, then it comes down to a push and most courts will side with the officer. But, you'll then have a chance to file for the new trial and get another go at it ... hoping that the officer does not catch wind of your defense and hoping that he does not amend it or recall the location to amend it correctly.

    So, make the best of it in the TBWD and hope for the best.

    Oh, and watch your speed, please. The life you save might be my child's.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Apr 2008
    Posts
    3

    Thumbs up Re: Location Of Violation Blank, Then Improperly Corrected (22350 Violation)

    Thanks for your response Carl!

    Quote Quoting cdwjava
    View Post
    Were you on either A or B street when the cite was issued? How far away was your actual location? If it is a block or two, it may be of little note. However, you indicate in your recent post that you were never on either street - that makes it better for you.
    The street I was travelling on is about 3/4 mile away from A street and parallel to it. I wasn't on "B Street" but I did cross it (3/4 of a mile away from A street) as I was being pulled over - definitely not within visible range from A street.

    What do you think?
    Quote Quoting cdwjava
    View Post
    the judge will have to decide which of you is mistaken. These "he said, he said" cases tend to go to the officer
    Right. For this reason, if my TBD fails, my intent was give up (plead guilty) in the Trial de Novo. I can't possibly challenge the officer's word in court, whether he's correct or not on the location - and as you said - if he states his case confidently to the judge.
    Quote Quoting cdwjava
    View Post
    So, make the best of it in the TBWD and hope for the best.
    Oh, and watch your speed, please. The life you save might be my child's.
    Will do Carl. I've slowed down considerably around town since I got the citation. It's a new car, and I got a little too throttle heavy in my excitement.

    Thank you for your help!

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,416

    Default Re: Location Of Violation Blank, Then Improperly Corrected (22350 Violation)

    Quote Quoting shinysideup
    View Post
    The street I was travelling on is about 3/4 mile away from A street and parallel to it. I wasn't on "B Street" but I did cross it (3/4 of a mile away from A street) as I was being pulled over - definitely not within visible range from A street.

    What do you think?
    It might be possible that the officer citing you was not the officer that observed the violation. That's a slim possibility, but might be the case. Even so, it would not change the fact that you were only on or crossed one of the listed streets.

    Will do Carl. I've slowed down considerably around town since I got the citation. It's a new car, and I got a little too throttle heavy in my excitement.
    An axquaintane of mine showed me his brand new Shelby that can do lik 160 flat out ... he says the temptation to open it up is very strong. Fortunately, we have a raceway here.


    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

    1. Sponsored Links
       

Similar Threads

  1. Ticket Errors: Ticket Error Location of Violation
    By jerroranda in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 02-10-2010, 12:31 PM
  2. Speeding Tickets: I Received a Ticket but the Location Was Left Blank
    By help_in_WA in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 07-22-2009, 11:10 AM
  3. Can a CVC 4000a1 Violation Be Corrected
    By Brewingold in forum Vehicle Registration and Title
    Replies: 2
    Last Post: 04-22-2009, 12:19 AM
  4. Speeding Tickets: 22350 Violation and TBD
    By californianative in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 09-19-2008, 12:54 PM
  5. Ticket Errors: Incorrect Street Marked As Location Of Violation
    By eh1667 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 05-04-2008, 01:10 AM
 
 
Sponsored Links

Legal Help, Information and Resources