Legal Question in Personal Injury in California

Hi. I got cited for 23111cvc: can I beat the ticket? The officer never found the item and never asked if my cigarette was lit. When he asked why I threw the cigarette out the window I told and showed him that I always use the ashtray.


Asked on 3/05/10, 12:27 pm

3 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

Your word against his. You can argue to the judge that the officer does not automatically get more credibiilty than you do, simply because he is an officer. The judge has to believe the against against you is to the degree that beyond a reasonable doubt, that you violated the law. If it is a 50-50 split, that you are both believable, then you are entitled to win. Then the juge will rule against you anyway.

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Answered on 3/10/10, 12:37 pm
Maria Kao Feldsott & Lee

Also, you can hope that the officer doesn't show up. If the officer doesn't show up in court, then you win by default judgment.

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Answered on 3/10/10, 1:20 pm
BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

I would fight it.It is a pretty hefty fine and if the officer does not show then you win.If he does show he will have to convince the judge that the lit object came from your vehicle and that you did it .If there was a lot of traffic and you raise the possibility that it could have come from another vehicle then you should prevail.Remember that you dont have to prove that you did not do it the officer has to prove that you did.You do not have to testify.A lot of people forget that the 5th amendment applies to traffic cases as equally as it does to a murder case.

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Answered on 3/10/10, 8:17 pm


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