Legal Question in Traffic Law in California

Husband Ticketed in Our Driveway, Location Falsified by Officer

My husband was ''pulled over'' (absolutely NO probable cause) by a deputy in our driveway & ticketed for an expired DL (vc 12500(a)). The license fees were paid to the DMV, he just needed an eye exam; Regardless, all 4 tires were in our driveway, yet the deputy did not put the location of violation as our home address, instead she put the location as the nearest cross street (approx 75 yds away) which is a lie. There were several witnesses: besides the workers fixing our roof (the reason he was moving the car farther down the driveway), the Neighborhood Watch block captain saw everything and she is willing to provide a notarized letter stating what she witnessed as well as another neighbor who is well respected in the community.

This is the 4th run-in we've had with this deputy who is friends w/ another neighbor that we unknowingly angered by parking in front of her house the day before.

My husband has never fought a traffic ticket but wants to fight this because he thinks it's wrong. What can my husband expect to happen at court? Any suggestions on how he should handle it? Thank you.


Asked on 4/04/06, 12:57 pm

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

Re: Husband Ticketed in Our Driveway, Location Falsified by Officer

Nolo Press publishes "How to Fight Your Traffic Ticket". This book is available on line, at many libraries and book stores. This book will provide a great deal of information on the best way to present his case. However, it appears from your statement that he did not have a valid driver's license. The license was not renewed until his completed the eye exam. If he has not done so he should complete the eye exam and get a valid driver's license.

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Answered on 4/08/06, 1:44 pm


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