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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27479
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I would like to appeal a citation given to me backing using

Customer Question

Hello I would like to appeal a citation given to me for unsafe backing using the center divider. I was driving my box truck work truck. I did back up with caution and had my partner guiding me. Do I have a legit case?
Submitted: 2 years ago.
Category: Criminal Law
Customer: replied 2 years ago.
The CHP officer that cited me was in the building about 30 feet away never left the building, I walked in to get a fix it ticket signed and I came out with another one.
Expert:  Zoey_ JD replied 2 years ago.

Hello,

While you can appeal the case, a higher court does not relitigate the facts of the case. They just look at the transcript of what occurred on the lower level and see if there was some kind of judicial error. So assuming that all of this evience was put out there in the original trial, you can appeal that the verdict was against the weight of the evidence which shows you took all possible care when backing up. But you're not going to be able to bring out any new facts not in the original transcript.