Officer changed red light ticket from vc 21453(a) to vc 21453(c) after I signed the ticket. What can I do?

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I have a copy of the original citation and it shows where he wrote over the "a" and made it a "c" and he also added another word. The officer did not issue a notice of correction form (TR-100). So he is in violation of VC 40500(d) which is a misdemeanor. I argued the vc 21453(a) charge in my trial by declaration (TBD) and lost. In his TBD statement he says he wrote me up for vc 21453(c) and that I signed for that citation so he perjured himself which is a felony. My Trial de Novo is coming up and I plan on arguing against the vc 21453(a) charge and since he'll probably give testimony for the vc 21453(c) charge I should be able to get a dismissal on lack of evidence and also credibility of the witness. Thanks for any thoughts!

Attorney Answers

2
Andrew Roberts ·
Clerical errors do not get tickets dismissed. The officer corrected the ticket. Would you have not signed it at the time? I doubt if a dismissal is coming based on your facts- unless officer does not show. An attorney would be helpful.
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Curtis Lamar Harrington JrTax LawyerLong Beach, CA ·
At minimum, you can argue notice and opportunity to prepare and request a continuance. I(I assme that it was changed AFTER you received your copy indicating the other subsection). At best the Judge may toss it out or the DA may drop seeing the problems the state has.
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