QuestionI received a speeding ticket from CHP for 84 in a 65 SEC 22349 (a)by LADAR in heavy traffic on the 605n. Is this the correct section (A or B) and the officer noted me as the driver and registered owner, but I'm not the registered owner my wife is, it is her car not mine. Is this enough to void the ticket as incorrect?
AnswerHello Rich and welcome to AllExperts!!
The correct section is in fact, 22349(a) CVC.
The issue you are focusing on is one of accuracy. The idea behind this usually is, if the officer has made an error one one thing, it is possible that the officer may be wrong about other areas. The truth is, as long as the driver and vehicle have been identified correctly, along with probably cause for the violation, the court will usually find there was a factual basis for the stop and accept the observed violation into evidence. The officer can amend the citation in court with corrected information.
As to this particular issue, there is virtually no difference in ownership between husband and wife (joint community property law). Further, DMV often shows both parties on the registration tag. Even if none of these conditions existed, the R/O box is not considered a disqualification.
I am sorry to say that you have no acceptable standing for a demur/objection before the court. Best luck to you Rich!
Terry
