Legal Question in Traffic Law in California

I recieved a speeding ticket, and the officer wrote down an incorrect location where I was ticketed. The officer took an extensive amount of time to write the ticket(15 to 25 minutes) as well as making light of my surname with another officer who showed up at the scene(the officer said my last name over his radio and both the officers began laughing) I reported the officer to his internal affairs bureau. My question is do I have a legal recourse for this incident? It occured in Santa Clara County. I was "speeding" in San Jose but he wrote the location as Morgan Hill. I believe he do this because the area of Monteray road In Morgan Hill has a lower speed limit then the portion in San Jose.


Asked on 12/17/09, 4:49 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

You may able use that fact to your advantage. If the police officer does not know where you were driving then you may be able to convince the judge the officer has not proved you were speeding. Copies of the 911 tape should have a report from the officer when he stopped you. This may provide information regarding the location of the driving and the stop. The Nolo Press book How to Fight Your Traffic Ticket may also prove helpful to you.

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Answered on 12/22/09, 8:02 pm


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