Legal Question in Traffic Law in California

Questionable police conduct!

While visiting relatives in California I was recently stopped in San Bernardino County for speeding.I am still researching whether or not the section of highway I was traveling is a speed trap. My vehicle is registered in the State of Texas and my driver license is also from Texas.

I gave my Texas DL to the officer whom I assume ran it through the system. He asked me if I once lived in CA and I said yes but that was at least 5 years ago. One of the violations he cited me for was driving with an expired DL and wrote my old CA DL # on the ticket even though I provided him with a perfectly valid Texas DL and an explanation as to why the CA DL I once had was now expired (I had to turn it over to the State of Texas when I obtained my Texas DL).

The officer's signature on the ticket states that under the ''penalty of perjury'' the information on the ticket is true and correct. Well, the info is not true or correct and the officer is being dishonest by using my old CA DL in an attempt to do who knows what?

Can I get my ticket dismissed do to the officer's dishonesty?


Asked on 7/12/02, 11:52 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Questionable police conduct!

Thanks for your posting, and I am sorry to hear about the way you were treated visiting California.

The simple answer to your final question is "maybe". You cannot simply get a ticket dismissed, but you can fight it at trial, and you have the opportunity to present defenses before the judge, and cross-examine the officer (if he or she shows up) as to the inconsistencies in the ticket, which go to the officer's honesty and accuracy in recalling facts and information.

You may want to have an attorney handle this, for distance reasons alone, let along for the added value of motions we can file, etc., that may help your case.

Thank you, and please email me, or call me toll free at 1-877-568-2977, if you have any questions. I hope this helps.

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Answered on 7/15/02, 3:26 pm


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