The same kind of technical glitch that kept a bus driver on the road when
his license should have been suspended is sometimes a defense in Lamont
and Shafter courts.
Mario Vasquez was caught driving on a suspended commercial drivers’
license in Oregon, pleaded no contest, and paid a $260 fine. According
to California law, the DMV could have suspended his license for another
four months. But officials in the Beaver State apparently didn’t
code the infraction as one that involved a commercial vehicle, so the
agency took no further action against Mr. Vasquez. So, his license
should have been suspended when he allegedly caused a serious bus crash.
Mr. Vasquez also apparently got a speeding ticket in Washington which was
never reported to the California DMV.
Typos on the Ticket
Coding mistakes and other mechanical errors like this are very rare, but
they do happen. In terms of traffic ticket trials, there are basically
harmless errors and fatal errors.
Nearly all mistakes are harmless errors, so it is basically a myth that
any typographical error or other mistake on the ticket will cause the
judge to throw it out. If the officer spelled my name as “Marc”
instead of “Mark” or “Biger” instead of “Bigger,”
But assume the officer recorded my name as “Paul Harman” instead
of “Mark Bigger.” When the case goes to trial, there will
be a variance between the pleadings (Paul Harman was speeding) and the
proof (Mark Bigger was speeding). Or, if the officer erroneously records
the location of the stop as the location of the infraction, the same result
occurs. In cases like these, the judge may throw out the ticket based on a
If there is a fatal variance, prosecutors often make better deals because
they do not want to go to the trouble of re-filing the case with the correct
information or begging the judge for permission to amend the pleadings.
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
firstname.lastname@example.org to receive the personal professional attention you deserve. En español,
llame al 661-376-0214.