I really feel I was profiled, cop was following me at night for awhile with no lights, he just had his yellows on (Can they drive with just their yellows on?) and pulled me over under the pretense that I hadn't used my blinker, which I know I did...He also cited me for tint...I have Macular Degeneration and need to be shaded while in the sun at all times, because it will speed up the disease and will cause blindness...In your opinion, can I use that as an excuse to get out of the tint portion of my ticket and keep my tint with a Doctor's note?...
The law requires that you signal before changing lanes. Period. Schedule a traffic trial if you want to fight the ticket. See VC22107 and VC22108 regarding the use of signals. It's your word against the cop at trial--if he shows up. Good luck!
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
Read People v. Carmona and see if it applies to your case. As to the tinted windows, some tinting is permissible, but a medical excuse is not the way to defend such tinting. Click on the attached link to read more about the rules regarding tinted windows (Vehicle Code 26708.5).
Present the doctor note to the judge - I have had clients with similar issues in the past and have gotten tint tickets dismissed. As for the signaling aspect of the ticket a lawyer may be of benefit to you.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
The "proof" that officers typically have is their own observations. There is unlikely to be any video of the incident. You may be able to first fight the case by a trial by declaration, where you send in your written statement of what happened and the officer will need to do the same. If the officer fails to send in a statement, you win. Even if you lose, you have 10 days to request a trial in person, where the officer must show up. If you show up for the trial and the officer does not, the judge will dismiss the case.
If the officer shows up, it will be his testimony and his burden to prove the charge. (If you have an attorney help you, we may be able negotiate with the officer to get you a non-point charge, if that is an issue.) You can choose to testify as to your side of the story as well and the judge will have to decide.
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