Calif: VC 40610 Notice to Correct Violation?
tech...@n05pamsocal.rr.com
pulled you over for driving without a front license plate. This is a
correctable violation". He then issued me a ticket citing both the
vehicle code (VC) for the license plate requirement and VC 40610 "Notice
to Correct Violation".
I have no problem with the front license plate requirement, and I
promptly fixed that. But in reading VC 40610 I find this (paraphrased
for brevity):
"If, after an arrest, accident investigation, or other law enforcement
action, it appears that a violation has occurred involving (registration
or license) then the investigating officer may issue a (written notice
to correct violation)."
It seems fairly clear from the above that the officer was not legally
allowed to stop me solely for the issuance of the "fix-it" ticket since
there was no prior arrest, accident, or other law enforcement action. I
also spoke with a co-worker who had a similar situation. He was issued a
"fix-it" ticket for no front plate while his vehicle was legally parked
on the street. The ticket was subsequently dismissed because the clerk
of the court said that such a ticket could only be issued in conjunction
with a parking ticket, and not by itself.
Anyone every encounter a situation like this or have any advice? As I
said, I've already replaced the front license plate, but I'm considering
fighting any fine or fees associated with the ticket itself. Thanks.
Michael Jacobs
news:<7nab1vc7sf4j75qug...@4ax.com>...
> "fix-it" ticket for no front plate while his vehicle was legally parked
> on the street. The ticket was subsequently dismissed because the clerk
> of the court said that such a ticket could only be issued in conjunction
> with a parking ticket, and not by itself.
>
> Anyone every encounter a situation like this or have any advice? As I
> said, I've already replaced the front license plate, but I'm considering
> fighting any fine or fees associated with the ticket itself. Thanks.
ARE THERE any? You sound like you don't know. If there were, it
would say so on the ticket.
Ages ago when I lived in CA, I got one of those "correctible
violation" tickets cuz my 1961 Falcon was smoking a bit too much
(actually, it was the transmission, but we don't want to go there).
All I had to do was present evidence to the local district (it was
Santa Monica, I believe) that the Muskrat Mobile wasn't smoking
anymore, and they signed off on the correction. No fine. No hassle.
One less moving pollution source.
When in doubt, you could always CALL whatever authority is listed on
your ticket and ask.
--
This posting is for discussion purposes, not professional advice.
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For confidential professional advice, consult a lawyer in a private
communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685 (fax) 410-740-4300
Garry Wiegand
>Here's the situation. I was pulled over by an LAPD officer who stated "I
>pulled you over for driving without a front license plate. This is a
>correctable violation". He then issued me a ticket citing both the
>vehicle code (VC) for the license plate requirement and VC 40610 "Notice
>to Correct Violation".
>"If, after an arrest, accident investigation, or other law enforcement
>action, it appears that a violation has occurred involving (registration
>or license) then the investigating officer may issue a (written notice
>to correct violation)."
>
>It seems fairly clear from the above that the officer was not legally
>allowed to stop me solely for the issuance of the "fix-it" ticket since
Tech3324, I think you're whistling Dixie. Specifically, I think that you were
pulled over for an investigation of a violation of section 5200, relating to
the proper display of license plates. I think that being pulled over for
investigation should counts, in and of itself, as a "law enforcement action".
I don't see any actual statutory definition of the phrase: section 40610 is
the only place it appears. So, a common-English, non-technical, meaning
should be given to the words "law enforcement action". Would you count being
pulled over as "law enforcement action"?
The phrasing of 40610 is indeed odd. Odd phrasing happens a lot in the
California code. Perhaps the point of it was to make clear that "mechanical
violations" etc could be addressed at any time by an officer, even if they
were noticed incidentally to some other investigation.
AND SUPPOSING YOUR INTERPRETATION WERE CORRECT:
In that case, 40610 would, by its terms, simply not apply. Thus, your
violation would no longer be "correctable". You would be on the hook no
matter if you did correct the problem. Is California one of those states that
allows traffic tickets that cite an incorrect code section to be corrected?
Garry