How to Dismiss "Non-Correctable" Fix-it Traffic Tickets

When Officers (CHP or Police) stop drivers they always look for items drivers have neglected to fix or have unlawfully modified on their vehicles. The officer will generally add a vehicle code violation on the ticket for such abnormalities. If you look at the middle of your ticket there are four lines the officer uses to identify all the violations and those code sections start with "CVC" (California Vehicle Code).

Reason for the Stop

Above the space on the ticket where statutory violation are stated there is a box that says "reason for the stop" and the officer will usually say speeding, fail to stop, tint on front windows, etc... The California Judicial Counsel who dictates the form of the tickets just added that box last year. The officer must have "probable cause" to stop you in your vehicle otherwise that is a violation of your constitutional rights

When you are stopped, that is a "custodial arrest" and if there is no probable cause for the stop that is a violation of your 4th amendment rights against "search" and "seizure" (to fully explain that would require a Post on its own... go with it).  So, any observable fix-it violation gives the officer the right to stop you and then while stopped he/she will pile on whatever other violations are observed or that they find... don't admit anything. Often the officer has measured by radar or lidar (laser) that you were speeding which is the reason for the stop and then other violations are added. 

The the judicial Counse added "reason for the stop" because so many attorneys like myself know that if there is no probable cause for the stop in the first instance there can be no evidence presented to the court of violations charged after the stop. But it is rare that an officer does not testify as to why the driver was stopped in the first place. They will say while sitting on the side of the road "I observed..." and probable cause has been established.

I have been told by several officers that they look for vehicles in the carpool lane with tint on their front windows or a missing license plate on the front so that they can pull the car over in the carpool lanes (HOV), which is probable cause and then they can look in the car to make sure there are passengers. I have handled many HOV tickets that arose in this manner. So don't think you are safe in the HOV lane because no one can see in your car. You will get stopped.  

Common Fix-it Violations 

California's correctable vehicle violations (fix-it tickets) include offenses related to registration, license, equipment, and insurance, such as expired registration tabs, missing plates, improper equipment, and issues with safety certificates. There are certain things the officer will ask for when you are stopped and that includes, driver license, registration and insurance. Those three are always request by officers. 

Many officers will put "non-correctable" on the ticket. There are "y" and "n" boxes checked to indicate whether the officer deems the ticket to be correctable. With Drivers license, Registration and Insurance the statue expressly states that drivers are to maintain current documents in their vehicle and must be present when stopped by an officer.  Technically it is an impossible to correct such a situation because we can't reverse time and do it again... the doc was not in the car at the time of stop as required. Thus it appears that it can't be corrected.

How do I Fix a Ticket Deemed "Non-Correctable"

Remember its not the officer who has the final say. The judge determines what happens and I always tell our clients to give me the proof of correction ("POC") because I can generally get the judges to make these correctable and get relief for my clients. As an attorney, I have built credibility with the court. They know that my office works to help people become, and remain, compliant with the vehicle code. As an officer of the court (an attorney), I believe I have that obligation. Also it is good advice for our clients because they will just get ticket after ticket which will run into other problems if things are not fixed the first time.

Also, it is bad public policy to deem any fix-it ticket non-correctable as our laws are in place to be a deterrent to undesirable activity and to persuade the desired conduct. Tickets that are marked "non-correctable" prompt the driver to simply not fix the violation because the driver feels that any effort would be futile. I have spoken to scores of people who feel that way. Drivers should be encouraged to fix such items, i.e., keep your drivers license, registration, and proof of insurance in the car and make sure they are current. (As an aside, proof of insurance violation is $980 fine.) 

Most judges will listen to my arguments and agree. They will change the ticket to be correctable and most of the time dismiss the infraction upon seeing the proof of correction.  Note, that every court charges $25 admin fee when a correctable infraction is dismissed. But, regardless of the designation on the ticket, correct the problem and show your proof of correction to the judge and request relief. As an attorney, I get my clients relief on these almost every time.

Even if the registration or insurance was not in place at the time of the ticket (didn't cover the day you were stopped), when I pitch my arguments, as stated above, and show proof of correction of the current registration and/or insurance, the judge will cut the fine in half. That shows compliance and an effort to become compliant, and judges recognize that.

So no matter what - fix-it and show proof of correction. I don't think these arguments are reserved for attorneys, although, I get a lot of positive results this way.