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Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

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  #1  
Old 07-23-2009, 9:08 PM
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Acorn556 Acorn556 is offline
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I got a ticket and it was filled out incorrectly. Will that be enough ground to dismiss the citation? There was only one error and I'm here on an internship so I'd like to take care of this asap. Already have a claim on my insurance and two points is no bueno.
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  #2  
Old 07-23-2009, 9:10 PM
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Depends on the error, usually not, but sometimes
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  #3  
Old 07-23-2009, 10:50 PM
Unit74 Unit74 is offline
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We have a simple form for it. It gets filled out annotating the error, the officer signs it and it gets sent out in the mail.

So to answer your question, no, it will more than likely not get dismissed for an error.
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Old 07-24-2009, 5:52 AM
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I didn't think it would. thanks
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  #5  
Old 07-24-2009, 1:48 PM
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The court here will reject any ticket with a critical error. The officer gets it back and corrects it (and sends out a notice of correction). Then it gets resubmitted to the court.
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  #6  
Old 08-07-2009, 10:31 AM
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Tickets dismissed based on errors are pretty much myths if you go to court alone. It might work if you bring an attorney with you that has that kind of knowledge to go back and forth with the judge and officer, but for your normal civilian, the judge is not going to make a LEO look like a fool in front of everybody, esp his own LE peers. My father who is a Commander with LASD said with huge budget cuts, big city police depts are advising their officers not to show up at court unless they are for matters more than a traffic ticket since it counts as overtime. So if you live in the big city, it might be worth going to court. And if you choose Monday or Friday, you have a huge chance the officer will be on holiday or vacation. I just went in for a speeding ticket 6/21 at the LA Superior Court in Downtown and I swear to god, more than 2/3rd of all tickets were dismissed. Not one single Sheriff Deputy or CHP showed up at court. The only ones that showed up were LAPD motorcycle officers. So I would think you have a good chance of going to court hoping the officer doesn't show up.
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  #7  
Old 08-07-2009, 4:02 PM
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Originally Posted by cmonk518 View Post
Tickets dismissed based on errors are pretty much myths if you go to court alone. It might work if you bring an attorney with you that has that kind of knowledge to go back and forth with the judge and officer, but for your normal civilian, the judge is not going to make a LEO look like a fool in front of everybody, esp his own LE peers. My father who is a Commander with LASD said with huge budget cuts, big city police depts are advising their officers not to show up at court unless they are for matters more than a traffic ticket since it counts as overtime. So if you live in the big city, it might be worth going to court. And if you choose Monday or Friday, you have a huge chance the officer will be on holiday or vacation. I just went in for a speeding ticket 6/21 at the LA Superior Court in Downtown and I swear to god, more than 2/3rd of all tickets were dismissed. Not one single Sheriff Deputy or CHP showed up at court. The only ones that showed up were LAPD motorcycle officers. So I would think you have a good chance of going to court hoping the officer doesn't show up.
Sorry I have to call BS. A subpoena is a court order for you to show. If you fail to show you are in contempt of court and is a crime. The court overtime is a completely different budget than standard overtime since it cannot be avoided. The only way the Officer doesn't show for traffic is if he was not served or was called to a criminal case. Departments cannot tell their Officers to not show up; it's outside of their power.
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  #8  
Old 08-07-2009, 4:33 PM
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I have to agree with tyrist. Sounds completely bogus. I don't doubt that there were several LEO no-shows. This can be for a large variety of reasons. But I call BS on the reason for this being that LE managers are telling the LEO's not to appear in court or honor subpeonas due to overtime restraints. I've received a whole lot (hundreds0 of subpeonas in my life time. They all begin with the opening sentence of, "You are commanded to appear on (date) (time) (court) in reference to court case# in reference to your case #." I''ve never seen one that said , "If you would like to, and it fits your schedule and budgetary constraints, we would so appreciate it if you could grace us with your presence at the following trial date." I'd like cmonk518 to cite his source or such policy to back-up this claim up. If so, then I'll apologize and eat my hat. But until then....

I will conceed tht I once had an LT. that thought it was totally inappropriate for an officer due to his/her OT to make a salary that exceed that of an LT. or Captain's. He keep a crib sheet in his desk that monitored each officer's OT. Once it reached near LT,'s pay, he'd shread the subpeona. The court complained, BIA was called in, and in 24 hours, he went from a LT. with a pension, to an unemployed civilian w/o a pension.

Last edited by Fire in the Hole; 08-07-2009 at 5:00 PM..
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  #9  
Old 08-07-2009, 9:55 PM
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I will conceed tht I once had an LT. that thought it was totally inappropriate for an officer due to his/her OT to make a salary that exceed that of an LT. or Captain's. He keep a crib sheet in his desk that monitored each officer's OT. Once it reached near LT,'s pay, he'd shread the subpeona. The court complained, BIA was called in, and in 24 hours, he went from a LT. with a pension, to an unemployed civilian w/o a pension.[/QUOTE]

Ouch!

I recall while working Walnut, that the Pomona Ct. traffic commissioner didn't seem to care if an officer showed or not. On the other hand, the supervising judge at Citrus Ct. (W. Covina) made sure we knew (through a memo that was briefed) that if we didn't show up without a good reason, he would issue a subpoena for an arrest. Plus, we were also advised if we didn't show, we would be writing a long memo to the Capt.
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  #10  
Old 08-09-2009, 8:40 PM
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Quote:
Originally Posted by retired View Post
On the other hand, the supervising judge at Citrus Ct. (W. Covina) made sure we knew (through a memo that was briefed) that if we didn't show up without a good reason, he would issue a subpoena for an arrest. Plus, we were also advised if we didn't show, we would be writing a long memo to the Capt.
What is good reason?
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  #11  
Old 08-09-2009, 9:01 PM
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What is good reason?
retired is off now, but I'll try to answer. Often times I've been enroute to court, but dispatch has diverted me to a higher priority call, such as a fatal collision, over turned shcool bus with children on board, airplane landing on the highway, bomb threats, a shooting, or God forbid the 11-99 call, etc. These things actually happen a lot. Then there's the times when you come down sick with the flu or a cold the day of court, that has you bed ridden, you have to call in sick to work, which includes court. Then there are the times when you are on vacation, and the court clerk has failed to note you planned vacation date, on your citation or report, and you are in Hawaii.
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  #12  
Old 08-09-2009, 9:12 PM
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I could not have said it better Fire in the Hole, thanks.
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  #13  
Old 08-09-2009, 9:13 PM
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Quote:
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I could not have said it better Fire in the Hole, thanks.
Oops I just stole the Moderator's thunder. Dog house for me.
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  #14  
Old 08-09-2009, 9:20 PM
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Nah, like I said, I would have said something similar.
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  #15  
Old 08-11-2009, 3:33 PM
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Quote:
Originally Posted by G17GUY View Post
What is good reason?
Immediate defense of life or property. If you have a subpoena for the same date/time in another court which is a higher priority.
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  #16  
Old 08-11-2009, 4:48 PM
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I didn't show ONCE for traffic court. I called the DA and told them I was sick..which I was vomiting out both ends. He never got the voice mail and I got my butt chewed, memo sent out to the whole department explaining why we need to show for traffic court etc etc.

I was let off the hook when I actually got to explain but still, you have to show. No ifs ands or buts about it.
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  #17  
Old 08-20-2009, 6:13 PM
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Leroy goesto the San Leon Primitive Baptist Church revival
and listen to the preacher.
After a while the preacher asks anyone with needs to be prayed over to
come forward to the front at the altar.
Leroy gets in line, and when it's his turn, the preacher asks: "Leroy,
what do you want me to pray about for you?" Leroy replies: "Preacher, I
needs you to pray for my hearing."
The preacher puts one finger in Leroy's ear, and he places the other
hand on top of Leroy's head and prays and prays and prays. He prays a
blue streak for Leroy. After a few minutes, the preacher removes his
hands, stands back and asks, "Leroy how is your hearing now?"
Leroy says, "I don't know, it ain't till next Wednesday."
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