Legal Question in Traffic Law in California

Can DA file different viol than the ticket indicates?

I got pulled over by CHP for dropping a cigarette filter (no tobacco and unlit) while stopped at city intersection and issued a citation for littering (with the notation it was a cigarette). Now I have received a notice from court to appear (no bail amount specified) but the violated code section is indicated as 23111 (throwing a lit object). Is it legal for district attorney to change the VC section I am charged with? Is this allowed under the law and a common practice? It appears to me that the peace officer was not very competent in the letter of law and just wanted to write me a ticket and now DA wants to hang me... Please advice... I thought that I was going to defend myself from littering charge but now instead it seems the charge is more serious with more substantial penalty.


Asked on 11/06/02, 2:11 pm

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Can DA file different viol than the ticket indicates?

Thanks for your posting. To directly answer your question, YES, the D.A. can actually change the charges, and file completely different charges from the police recommendation, or from what the police cited you for in their report, forwarded to the D.A.'s office. This is allowed under the law, although it is not always a common practice.

From what you described, you may have a very good defense to "throwing a lit object", as you did not throw a "lit" object from your vehicle.

My recommendation, as I am sure most on this board would recommend, is to get a competent attorney to handle your case and fight for a dismissal of the charges filed.

I hope this answer helps -- but if you want to discuss your case further, provide more information, or if you have questions or need representation, please feel free to call my office anytime at 1-877-568-2977, or email me at [email protected]. Best of luck, and I'm happy to help if I can.

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Answered on 11/08/02, 9:10 pm
David Diamond Diamond & Associates

Re: Can DA file different viol than the ticket indicates?

Yes, the DA can change it. You should hire an agressive attorney who can try and get the charges dismissed or at least get you a reduced charge. Please contact my office at 310/277-1707.

Sincerely,

Lawrence Wolf, ESq.

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Answered on 11/11/02, 12:38 pm


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