The Ninth Circuit U.S. Court of Appeals may have closed the book on one
of the more bizarre law enforcement incidents in recent Central California
Wilkinson v. Gingrich, a three-judge panel overturned James Wilkinson’s perjury conviction.
The factual background is long and complicated, yet also very intriguing,
so fasten your seatbelts.
Way back in January 2007, CHP Officer Mark Magrann pulled over a driver
who was travelling 101mph on Interstate 405. Mr. Wilkinson, who produced
a UK license at the stop, did not show up for court, and the judge issued
an arrest warrant. At trial, Mr. Wilkinson produced a Nevada license.
Based on Officer Magrann’s testimony that he “doubt[ed] whether
he was actually driving the vehicle,” the judge found Mr. Wilkinson
But it didn’t stop there. Officer Magrann spearheaded a six-month
climaxed when armed officers broke into Mr. Wilkinson’s Dana Point home to
execute a search warrant. Officer Magrann found the original ticket during
the search, and prosecutors charged Mr. Wilkinson with perjury. The California
Court of Appeals upheld his 45-day jail sentence, but the federal court
reversed that decision. Judge William A. Fletcher wrote that “In
acquitting Wilkinson in the first case, the traffic court judge thus necessarily
decided that Wilkinson was not the driver, and that he had been telling
the truth in so stating.” The judges also rejected the state’s
argument that perjury was a different offense from speeding, for double
The state might still appeal the case to the full Ninth Circuit or to the
Supreme Court, but it is unlikely that either body would hear the matter.
Mr. Wilkinson definitely did the right thing by contesting the original
ticket, because he was cited under
VC 22348(b). These citations are quite common on the long, empty stretches of California
highways, particularly on the I-5 from the Nevada border through Mojave
and into Barstow.
The penalties are incredibly high: possibly thousands of dollars in fines,
penalty assessments, and higher insurance premiums, up to a 30-day licenses
suspension, and two points towards NOTS suspension. In these situations,
it’s very important to partner with an experienced attorney that
can get the ticket thrown out, or at least get the penalty reduced.
Getting Legal Help
The aggressive lawyers at Bigger & Harman, APC, are committed to giving
individuals a voice when dealing with speeding and traffic tickets. Call
today at 661-859-1177 or email
email@example.com to receive the personal professional attention you deserve. En español,
llame al 661-376-0214.