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I was cited in California for speeding under VC22349(b). Speeding in excess of 55MPH. I filed a trial by written declaration and was found not guilty. The judge however, changed the violation VC22349(b) to VC22349(a), speeding in excess of 65MPH. He found me guilty of this violation. My question: does a judge have the authority to change the vehicle code cited and replace it with another and then find me guilty?
Optional Information: Country relating to Question: United States State (if USA): California Already Tried: Please see details in question.
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QUESTION: "My question: does a judge have the authority to change the vehicle code cited and replace it with another and then find me guilty?"
ANSWER: No. Here is how this works. The legislative branch has provided this means of adjudicating certain cases. Law enforcement is to issue citations and cite code sections based on what they allege took place (after all, the Judge was not present when you were purportedly speeding). The judicial branch is bound to follow that structure. Note the following statutory language, which provides in pertinent part: "The court , pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code,..." California Vehicle Code § 40902(a)(1) [emphasis added in bold faced font].
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Well done, thank you.
I am going to court on the above issue this Friday. In as much as I originally filed a "trial by written declaration", does the law allow the CHP officer to amend the citation to a different code violation, therefore allowing the court to find me guilty of added violation? Thank you
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Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.It is not an added violation, simply a different one. 22349 is for unsafe speed, 1 to 15 miles over the limit. It appears that by changing the speed limit from 55 to 65 the judge may have done you a favor. The court will allow the officer to correct such an error on a ticket so the answer to your question is yes and the officer may have already made that change. A traffic court judge is the king in his kingdom and can pretty much do whatever he pleases. He may still allow you to take the California online traffic school and keep the point off your record. That seems to be what most CA drivers opt to do if available. If you have already taken the traffic school, then there is a second offenders school that you can ask for. You may also be able to get the judge to drop it to a no points ticket of some type such as failure to obey traffic control device. The best option is to watch carefully what happens to the others in front of you and then act accordingly since each judge is different. Here is more information on California speeding tickets.http://www.speedingticketcentral.com/California-speeding-ticket.html
The posted speed limit was 55, this changes the facts regardless of the benefit to me. Can the court and CHP do this?
The answer is yes they can. Traffic court judges do not always follow the law. You do have the option to appeal of course. However, by changing the statue the judge has taken away the speed trap defense. It is possible that the decision by the judge is simply a typo and the actual charge is still shown correctly by the clerk of court. Based on your post, that is the most likley scenario and you can double check with the clerk to be sure. The point is the same for both statutes.
I believe I have answered OK to your responses... So I am confused about the repeat request. Can you help me out here? Thanks.
It appears to be an automated email of some kind from JA. The experts do not see those even though they may appear to come from us. Sorry for the bother but could you let me know what happens. If you fell that I have been of service, then please rate my answers also.
Thanks for the reply and yes, I will let you know.
Thanks