Legal Question in Traffic Law in California

Urgent Help Needed - Innocent person being victimised by traffic ticket

Hi

I was given an traffic ticket (moving citation) in error. The police officer was not paying attention and caught me in error for taking a right turn red light without stopping when I did not do it.

It was dark and late in night. There was moderate traffic on the road and the road is curved... so I believe he lost the sight of the real car.

Still he was not paying attention at all. He noted my address incorrectly from the drivers license and my car name was also misspelt on the citation.

I am planning to call the officer and let him know about the mistakes he made in the citation. I am planning talk to him calmly and get a acknowledgement for all these mistakes from the officer. Will it be legal for me to record this phone conversation on tape without informing the officer? Will I be able to use this confession of mistake in court to prove the office was not paying any attention to any facts?

Please help this innocent victim. Thanks in advance for your help...


Asked on 5/03/03, 3:18 am

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

Re: Urgent Help Needed - Innocent person being victimised by traffic ticket

Thank you for your posted inquiry.

It is in fact illegal to tape record anyone without their consent, so I can't recommend you do that. From the date the officer issues a ticket, it becomes difficult, if not impossible, to get him or her to recall the ticket anyway. The original typically is sent to the court for filing, and in some jurisdictions, is sent to the DA's office, and the police dispatch keeps one copy. For that reason, the officer cannot just call up the court and recall the ticket. You are going to have to fight the ticket, and show the judge that the officer made a mistake.

I hope that this information helps, but if you have more questions, want more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. Best of luck, and I�m happy to help you in any way that I can.

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Answered on 5/08/03, 6:58 pm


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