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Do I have a right to have my fix it ticket reduced to a correctable fine?

San Bernardino, CA |

I received a ticket for a violation of VC-26101, tinted brake lights. The ticket is correctable because the lights can be swapped out and the tint can be taken off. The officer marked it as a non-correctable violation. When I tried to have it signed off because I took off the tint at the local station the lieutenant told me he could not sign it off because the officer checked the non-correctable box. I wrote a letter to the court asking them to modify my ticket to a correctable violation and to dismiss a violation of VC-24004 written on the same ticket because VC-24004 states that I can't operate a vehicle after being told by a police officer it is not in compliance, unless I need to drive said vehicle back home to bring the car withon compliance....(see additional info below please)

the court wrote me a letter back denying my request for a modification and denying my request to dismiss violation 24004 VC. I really don't want to pay a $450-$500 fine for something that I can correct for a $25 fee. My friend received a ticket in violation of 26101 last month, but his lights were completely blacked out and his violation was a correctable violation. My tint is a slight grayish tint and mine is not correctable. PS: We both have the same make and model car.

Attorney Answers 2

Posted

It is almost always in your interest to contact a reliable traffic defense attorney, who can get a resolution on the case so as not to affect your record or your budget.

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Posted

We offer a free consultation. The court has discretion to accept your proof of correction for the dismissal fee.
If you have corrected the alleged violation by taking the tint off the brake lights then the car is in compliance and you can drive it. Just becaus the officer could not sign off the ticket that is a different issue.
If you cannot afford a lawyer, set a court date, drive the car to court and bring in pictures of the tail lights taken up close during the day so they can see that the tint is removed, make sure the license plate of the car is in the picutres Also take pictures at night. Explain to the court the situation you have removed the tint, show pictures. Tell the judge the car is here and you would like permission to have the Sherrif sign it off. Hopefully the court will agree and send you to the sheriff to sign it off and then back to the courtroom to bring back the signed off ticket. If this is your second or more offense for the same thing my comments above to not apply. Good Luck

Feel free to contact us for a consultation. Iannelli & Associates, 949 729-3171 This answer does not constitute legal advice and no attorney client relationship is created. Every case has many facts which are different and distinctly theirs, make sure that you understand this is general information and it would be advisable to constact a competent lawyer for personal legal advice.

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Posted

I had the offense once before for the same exact violation of VC-26101, but I actually took the traffic ticket to trial and it got dismissed. I had a letter and pictures from the dealership that stated that the sport model cars had standard red/smoke tail lights from the manufacturer. Does the ticket count if it was not guilty and it was dismissed at trial?

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