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Traffic Tickets
I am a law student (don't shoot me). I am based in NY/PA so statutory law may slightly differ in California but generally minor traffic offense such as yours fall under "strict liability", simply meaning "no fault" or the officer (as a court official) is always right and you are always wrong. Not a good situation to be in.
On the other hand, Police officers are not lawyers, even though they think they are. The typical officer gets a quick course on basic criminal law as part of their training.
Now, back to your problem. The police officer has to be present at court. Practically, go up to the guy or gal and talk to him or her. Plead your case BEFORE it goes before the judge. Explain your situation to the officer with respect (even though you hate the bastard) and chances are he or she will drop the ticket. All you have to do is wait for your case, the officer elects to drop the ticket and you go home. Case closed.
Now, let us assume that the officer decides he hates your guts or pursuant to state law, must pursue a conviction on the ticket. What are your options?
As much as you want to prove the officer and the Judge wrong, proving a technicality on the ticket will be time consuming and costly because the ticket, as I indicated, falls under a "strict liability" bull sh-- of what is called in legal terms Mallum Prohibitum meaning you did wrong because the California state legislature decided you are wrong for what you did and there is no defense.
If I have confused you, I appologize. The law is so confused that the law doesn't know what the difference is between right and wrong. If you or your friends need detailed help on defending your rights, let me know.
The legal system, although fair in it's inception has become very unfair. Let's see if we, as a citizenry can change that.
Good Luck!
Matamoras
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Matamoras
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