Wrong Code Traffic Citation

[cobra3232]

I was recently issued a traffic citation for running a stop sign. The officer wrote the vehicle code for running a red light. The code for running a stop sign is different and carries a fine of half the amount of a red light violation. I paid my fine and set a trial court date. Does anyone know if this traffic citation will get dismissed due to to the fact that I paid the wrong fine.

[CBR_rider]

I was recently issued a traffic citation for running a stop sign. The officer wrote the vehicle code for running a red light. The code for running a stop sign is different and carries a fine of half the amount of a red light violation. I paid my fine and set a trial court date. Does anyone know if this traffic citation will get dismissed due to to the fact that I paid the wrong fine.

I would bring it up in court, but that doesn't mean it will get dismissed.. You still violated the vehicle code. At worst, you will likely get a refund for the difference between the two citation bail amounts. At best, you could of course convincingly argue that you didn't violate the vehicle code and the judge could side with you.. Or the officer may not show up.

[RickD427]

This happens fairly often. Officers are human and make mistakes. According to legend, this is the reason they put erasers on pencils.

It's usually dealt with by a motion to amend the citation to reflect the proper charge. I never seen such a motion denied. There really isn't a basis for a court to deny such a motion.

I did see one clever defendant take advantage of the error, and he got a dismissal. He opposed the officer's motion to amend the citation arguing that he had invested considerable effort in preparing his defense to the offense charged on the citation, and that he was unprepared to defend himself against the amended charge, particulary without having any notice, or time to prepare.

The judge granted the motion to amend, but then dismissed the charge in the interests of justice since the defendant was unprepared to defend on the new charge.

[stilly]

I was in court one day waiting for the defendent to have his case called and I watched one guy who was cited for making an illegal LEFT turn after he pulled into the center lane (was not a lane, but two sets of double parallel lines with about 5 feet or so between them, thus making it a painted median) and he was in the same boat as you, (well, KINDA) and he got up and plead his case and said that he did NOT make that left turn but the officer that cited him for it did not have constant visual eye contact on him which the officer agreed, but the officer stated that he had seen him pull into the middle over the "median" and the next thing he knew the guy was on the other side so it was fair to say that he had made an illegal left hand turn; the defendent told the court strongly that he did NOT do that, but instead, he pulled into the center lane (painted median) and then saw the officer watching him (as the officer pulled into a parking lot before disappearing into traffic) and thought that that it might be wrong, so he got out of the center lane, went down a few more feet where there was a clean break and made a u-turn, then came back and made a right and therefore he never made the illegal left turn that he was cited for. The Judge asked the officer if that was what he saw and the officer stated that he did not maintain visual contact all of the time but it could have happened like that. The judge said okay then, we will change the violation from an illegal left hand turn to driving over the median.

The guy was happy with that though, same fine/bail amount I guess. As long as he was not on the books for making an illegal left!

[Caddis]

It depends on the court if they allow you to amend. Our county in the Bay area no longer allows amending tags at the trial and it would be dismissed if you cited the wrong VC. They have seemed to not cut us much slack in past few years and expect you to have your act together.

We use to be able to dismiss a cite prior to trial with a written declaration and reason and that is no longer allowed and you must make an appearance to dismiss. They also sometimes contact agencies if officer's FTA too much. Court practices vary a lot county by county and even judge by judge within a county.

If I was the OP, I'd take my chances at the trial.

[SMarquez]

Simply state that there is no red light at that intersection. Bring pictures to court. You gotta go, throw it up and see what sticks.

[ckim34]

Not sure how it works in your neck of the woods, but where I work the courts allow the Officer to amend the citation (ie change it to the correct CVC code) right before they testify.

[TKM]

Simply state that there is no red light at that intersection. Bring pictures to court. You gotta go, throw it up and see what sticks.

If it's not lit, you must acquit.

Also mention Wookies.

[GringoBandito6136]

What TKM said.

You were cited for a VC section you didn't violate. Respectfully motion that the case against you be dismissed on those simple grounds. Bring pictures of the intersection.

If the Officer does show up, he can ask that Count 1 (the red light section) be dropped, and a new count (22450(A) VC) be added. But if the judge has any grit he'll deny the motion and kick you loose and refund the bail amount.

Good luck. Speak in simple terms, and be respectful.

[34marine]

I was recently issued a traffic citation for running a stop sign. The officer wrote the vehicle code for running a red light. The code for running a stop sign is different and carries a fine of half the amount of a red light violation. I paid my fine and set a trial court date. Does anyone know if this traffic citation will get dismissed due to to the fact that I paid the wrong fine.

A lot of times the court catches that, because I believe the fines are different, and sends the citation back to the officer to correct it and return it. In that case, I believe you are notified of the reflected correction. Depends on the court. We make mistakes on codes (there are a ton of them). If I notice a mistake when turning in my tickets at the end of the day, I fill out the correction form for the court and turn it in with the ticket.

[cobra3232]

If the fine is paid and is double what it should has anyone heard of a case like this where it is not dismissed and partial money is refunded. I have not so at trial i believe it would not make a difference if the vc code is amended and the only option is to dismiss the citation with full refund as i have never heard of a partial refund.

[CBR_rider]

If the fine is paid and is double what it should has anyone heard of a case like this where it is not dismissed and partial money is refunded. I have not so at trial i believe it would not make a difference if the vc code is amended and the only option is to dismiss the citation with full refund as i have never heard of a partial refund.

Yeah, happens semi frequently in front of my eyes when I am in traffic court

[Funtimes]

This happens fairly often. Officers are human and make mistakes. According to legend, this is the reason they put erasers on pencils.

It's usually dealt with by a motion to amend the citation to reflect the proper charge. I never seen such a motion denied. There really isn't a basis for a court to deny such a motion.

I did see one clever defendant take advantage of the error, and he got a dismissal. He opposed the officer's motion to amend the citation arguing that he had invested considerable effort in preparing his defense to the offense charged on the citation, and that he was unprepared to defend himself against the amended charge, particulary without having any notice, or time to prepare.

The judge granted the motion to amend, but then dismissed the charge in the interests of justice since the defendant was unprepared to defend on the new charge.

Yeah there are timelines on motions, you can't just show up and surprise people like that without providing a defendant a reasonable opportunity to defend themselves against the charge, which in and of itself, requires proper notification.

[Patrick Aherne]

You're asking for legal advice: see a lawyer.

[General]

My mother-in-law once got a ticket for, "failure to stop at a blue stop sign", it was dismissed.