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Hello Jacustomer,If he was walking in the crosswalk against the light, you are correct that he should have been charged with VC 21462. What he was told to say at the close of the police testimony is correct. There are no "magic words." That is, "legalese" isn't necessary. He can just ask for the dismissal based on the state's failure to make out the offense charged, or he can say it more formally, the way you have put it here. Either will work.That said, police officers give a lot of traffic tickets, enough so that they really won't remember one from another if there was any gap in time between the stop and the court room appearance. So the police officer will use what's on the ticket to refresh his recollection. I don't know what's written there, but if it's short on facts, it's extremely possible that the officer will simply make out the elements of jaywalking in his testimony, because that's what he charged. In short, young man's motion will only work if the officer commits in his testimony to the young man having used the crosswalk and having crossed against the light. That this is what the officer will say is not a foregone conclusion.Otherwise the 18 year old will have to cross-examine the police officer to show that 1) he crossed in the crosswalk against the light or 2) that the officer has no independent recollection of what happened during this incident in order to get a dismissal.Good luck!
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