Say you got a speeding ticket (NOTICE TO APPEAR), and you find that the cop had mistakenly recorded (written) the following information incorrectly:
- year/make/color of your car
- violation code (i.e. CVC 22349 instead of CVC 22350)
- the location/your traveling direction where you violated the traffic law
- insurance company name / policy number
- court appearance date (i.e. WHEN: Date___ Time___)
Based on our experience, about 5% to 15% of the tickets contain mistakes or typos. And, about 100% of our Defendants think that these are the “grounds” for their ticket dismissal or appeal. Let me tell you a story, and you will change your thinking.
A few years back, around year 2009, I always visit the Trial de Novo trial at the Palo Alto Courthouse (Palo Alto, CA) on every Wednesday morning from 9 AM to 11 AM. The Trial de Novo trial is an appeal traffic trial for Defendant who was found guilty at the Trial By Written Declaration. These Defendants at the Trial de Novo trials are experienced ticket fighters. Most of them are very experienced. (i.e. They beat 5+ tickets before). In one case, the cop and Defendant both showed up, and at the beginning of the trial, the cop requested the Judge to amend (change) the violation code since he made a mistake in the first place. The Judge then asked Defendant if he would agree with such change. As an experienced ticket fighter like this Defendant, of course, he would object to such change. Then, here is the catch, the Judge then asked Defendant: “On what basis that you object to such change ? Which code, which law ?” And, the Defendant just could not figure this out, of course, he is not a lawyer, he does not study law. So, the Judge allows the cop to change the code, and asked them to re-visit the court for trail after two weeks.
I then went home and research for codes or laws that could be used as basis to raise an objection to such change at the last minute. I found that you may, during the trial, object to such change pursant to California Code Of Civil Procedure Section 471.5.
The Officer should follow the proper procedures where the Officer must:
- File the change of the ticket with the court house
- Serve the Defendant (you) with the amended copy of the ticket
And, if you have never been granted a Continuance, you must tell the Judge that even if the Officer followed the above procedures, your right for Speedy Trial (45 days) will be violated.
Request the Judge to dismiss the case, or request the Officer to follow the procedures otherwise.
If the cop follows the procedures in the first place, you will be served with an amended copy of your ticket (usually the same cop), and you will receive the Courtesy Notice much later.
Please remember that mistakes made by the cop are not excuses (“grounds”) for your ticket dismissal, and don’t be tricked by the cop and Judge !
Mr. MC
The Founder of MotherCopper.com