Quote:
Originally Posted by FolsomDad  Thanks for the response. I'll try trial by declaration. After reading the ticket, found out the time specified on the ticket is incorrect, so as the color of the car! (Time is specified as 2:30PM, but the stop happened at 9:30PM!. The color of my car is specified as black, but it's blue). Can this be used against the citation? |
The time & color would be an argument best reserved for appeal -- if you have proof. It's worth mentioning in the trial by declaration's statement of facts, but not as an argument -- just put that You were driving your black YEAR MODEL car @ 2:30 when you were suddenly pulled over by officer whoever.. blah blah blah, don't make it seem like the argument is part of your defense on
tbd or it will just make the judge think you're looking for a loophole. IF you have to appeal, you can argue that fact during the officers testimony if you have proof(request discovery on appeal of radio logs and such for the traffic stop, then you can object when he reads from the ticket for his notes, and what not, then when he testitifes he pulled you over @ 9:30 you can immediately object and move for dismissal for incompetent witness)
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