My question involves a traffic ticket from the state of: California
I had a Trial de Novo for a Traffic Citation (CVC 22350) in the City of Lake Elsinore. In the Trial, the citing officer testified information that is factually WRONG (inaccurate, false, untrue) which carried very heavy weight in the Decision against me. He claimed that the area of my alleged violation is an area that Caltrans has designated a "Safety Corridor" w/ appropriate signage. He said this 2 or 3 times in the trial.
I discovered that his testimony was all untrue AFTER trial, when I contacted Caltrans, and the city and sheriff dept of Lake Elsinore after the trial. They all told me that there is definitively NO safety-related designation, classification, labeling or signage - "Safety Corridor" or otherwise - of that area.
I don't know if the officer was knowingly saying wrong information, or if he was just misinformed. Would his factually wrong testimony be "false testimony" or "perjury"?
What recourse do I have to remedy the harm done to me by his factually wrong testimony?
I am to argue this point in my Appeal Hearing (as I did in my Opening Brief), but I don't know where to find law, decisions, etc that support this notion. How would I discuss this in my hearing?
Can anyone please advise or suggest what I can cite during the hearing to support this notion, that the court admitted and was influenced by factually wrong testimony?
Also, regardless of the result of my Appeal Hearing, is there any other course of action I can take to address the officer's wrong testimony? (i.e. press charges against him for Perjury)
Thanks much!
I had a Trial de Novo for a Traffic Citation (CVC 22350) in the City of Lake Elsinore. In the Trial, the citing officer testified information that is factually WRONG (inaccurate, false, untrue) which carried very heavy weight in the Decision against me. He claimed that the area of my alleged violation is an area that Caltrans has designated a "Safety Corridor" w/ appropriate signage. He said this 2 or 3 times in the trial.
I discovered that his testimony was all untrue AFTER trial, when I contacted Caltrans, and the city and sheriff dept of Lake Elsinore after the trial. They all told me that there is definitively NO safety-related designation, classification, labeling or signage - "Safety Corridor" or otherwise - of that area.
I don't know if the officer was knowingly saying wrong information, or if he was just misinformed. Would his factually wrong testimony be "false testimony" or "perjury"?
What recourse do I have to remedy the harm done to me by his factually wrong testimony?
I am to argue this point in my Appeal Hearing (as I did in my Opening Brief), but I don't know where to find law, decisions, etc that support this notion. How would I discuss this in my hearing?
Can anyone please advise or suggest what I can cite during the hearing to support this notion, that the court admitted and was influenced by factually wrong testimony?
Also, regardless of the result of my Appeal Hearing, is there any other course of action I can take to address the officer's wrong testimony? (i.e. press charges against him for Perjury)
Thanks much!
Appeals: What to Do if You Find Out an Officer Gave False Testimony in Traffic Court
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