Saturday, August 13, 2011

How to Challenge Identity For a Traffic Ticket

A person may contest a charge by claiming under penalty of perjury not to be the person to whom the notice to appear was issued when identification was made by thumbprint or fingerprint. The person must submit a thumbprint or fingerprint for comparison with the thumbprint or fingerprint on the notice. The traffic court may refer the print submitted together with the print on the notice to the prosecuting attorney for comparison. If there is no fingerprint on the ticket or a comparison of the prints is inconclusive, the court must refer the notice back to the issuing agency for further investigation, unless it determines that a referral is not in the interest of justice. Vehicle Code §§40303(c), 40305(b), 40500(e), 40504(c). According to one Kern County Speeding Ticket Attorney, this process will result in the continuance of the case and tolling of the speedy trial period for 45 days. Veh C §§40303(c)(2), 40305(b)(2), 40500(e)(2), 40504(c)(2). The court may make a finding of factual innocence under Penal Code §530.6 if the Judge determines there is insufficient evidence that the person cited is the person charged or if the prosecuting attorney or agency does not respond within 45 days. Except in the latter case, the court may determine that a finding of factual innocence is not in the interest of justice.  This process is available for most speeding tickets but not for DUI or misdemeanor charges.
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4 comments:

  1. JosephAugust 23, 2011 at 4:24 AM

    The whole traffic ticket issue is a problematic one. It's a pain for both sides, because of all the bureaucracy and paperwork and in all cases, one side ends up not satisfied with the result and contests it. Then another round of irrelevant paperwork and so on.

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  2. JosephSeptember 30, 2011 at 6:38 AM

    Great article on how to challenge a ticket. Too bad it can't be applied with impaired driving tickets too. The law is a bit tangling, there are too many types of tickets, but in the end, with the help of a professional lawyer, and a strong defense, anyone can get off without the ticket.

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  3. AnonymousNovember 2, 2011 at 10:07 AM

    Great advice. It may come pretty handy for a driver that receives a speeding ticket Toronto and wants to get rid of it. It's a good thing that there are so many materials and information drivers can gather in order to be prepared in case they receive a ticket.

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  4. AnnJune 27, 2012 at 1:19 AM

    Great read here. I'm actually intrigued by people that drink and drive. There's a third world country out there that actually executes you before a firing squad for drink driving. Talk about taking stuff serious.

    For people like that, you can find help here

    Good luck to all of you, but ultimately, don't drink and drive, it's irresponsible.

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