QuestionQUESTION: I got ticket 22349b at 84highway livermore down hill to Vallecitos Rd had green light going straight. My car at left lane, had other car right lane, cop is motorcycle stop at other right side hide at grass. I sure I not speeding I always pay attention to my speed to down hill, I driving at 54MPh. The car on my right side saw cop he stop his speed. Then I came down he pull he over didn't say I got speed ticket. He told me is can't pass vehicle, I says I not. I would going straight on my left lane. Cop told me give him my driver license #, talk with judge if you have any question. You can go to court at any time before your court date. Police didn't tell me to provide proof of my financial responsiblity, resgister owner and we wrote down year of my car is not correct. My car is 1999, he print out 1998, ticket print out no insurance information and resgister owner. Can you tell me, I have a chance to win this ticket or not.
Thank you
ANSWER: Hello Kay and welcome to AllExperts!
Let me see if I understand your question...
You were in the left lane of Vallecitos Road traveling through an intersection with a green light at 54mph. There was another car along side of you in the right lane that was traveling faster than you, but saw a motor officer hiding across the road in tall grass. The driver of that car immediately slowed down.
As you drove down the roadway, the motor officer pulled you over. The officer did not say you were speeding, but stated you had illegally made a lane change (passed a vehicle). You told the officer you were traveling in the same lane all along and did not make a lane change at all.
The officer asked for your drivers license and stated you could speak with the judge if you had any questions regarding the citation, and also said you can go to court at any time before your court date. The officer did not ask for your registration or proof of insurance. The officer incorrectly wrote down the year of your vehicle, and did not include information regarding the registered owner on the citation. Is this right?
Ok.... If this is correct, then you may be able to win the case due to an improperly filled out citation. The ticket must be accurate and must have the drivers information along with the registered owners information. Unless an accident is involved, it is not necessary for the officer to note financial responsibility (Proof of insurance).
Because you were not cited for speed, this is a non-issue. The lane change violation is your word against his, so if the case is based solely on this, you may well lose the case. However, the incomplete citation may very well get you out of hot water. A citation is a legal document, and must be accurate on its face.
Please keep in mind that my answer is based on my understanding of your statement. If that is incorrect, then my response may be as well.
Good luck to you Kay.
Terry
---------- FOLLOW-UP ----------
QUESTION: THank you Terry
Thank you for your answer, I had went to court before not guilty, court send me back 11/30/09. Do you know I need to go back there take picture of the street, and bring my register owner make sure year of vehicle is correct? Also I had question first time I received fee is high $322 and 2 weeks later their send me differ fee same citation number is $202 is it legal. They can change fee whatever them want. Can I fight with this point. This cop is always making mistake.
AnswerHello again Kay
Ok..... I am not sure if you are saying that you plead "Not Guilty" and the case was extended to 11/30/09, or the court found you guilty and you have until 11/30/09 to make payment.
If you have already been found guilty, there is nothing you can really do regarding taking pictures or bringing people to court. The case is over and done with. If the case has been extended to another date, then you still have a chance.
Assuming your case has been extended, the only need for taking a picture would be to prove that you were not in violation of a Vehicle Code section based on physical evidence. As your violation was an on-view lane change, a picture would not really prove anything.
There is also no need to bring the Registered Owner with you. Just bring your copy of the vehicle registration, as that document was issued by DMV and is considered accurate on its face.
As to lowering the payment of your penalty, most all infractions have preset financial penalties, although the judge does have some wiggle room to make changes to the initial violation or to mitigate the infraction.
What you have stated so far is perfectly legal. If the court wants to lessen the amount of the violation, I would welcome it.
From your point of view, I would fully agree that you should not be paying for a violation you did not commit, and the officer must have made an error. Sadly, if this case has already be adjudicated (you have been found guilty and a sentence has been imposed / ordered upon you), there is nothing you can do. If this is only an extension, I wish you luck, as the only hope you have is the partially completed citation which was issued in error.
Good luck to you Kay!
Terry
