Question for California Highway Patrol about Form "CHP 411"

[vrlobo88]

After receiving a speeding ticket, I received a form in the mail entitled:

Notice of Correction and Proof of Service
CHP 411 (REV 3-00) OPI 004

that contained a correction on the maximum speed limit. Does this form ammend the charges? Am I now charged with breaking a different speed limit?

Also, on another note, is it likely that a judge may instruct an officer to provide a sample signature for comparison to this form if I insist that I question the authenticity of the signature on the form? The one I received looks like a female wrote out the CHP 411 form and the handwriting is nothing like that of the officer who issued me the original citation. The form clearly calls for the signature of that officer.

[L-1]

It's hard to tell without seeing the 411 but off hand, it sounds like the citation was amended to reflect either a different Vehicle Code section, or to correct the legal description of the Vehicle Code section you were charged with.

As far as the signature issue, there are occasions when one person may sign certain, minor administrative documents on behalf of another person. Probably the officer was swamped with paperwork that day and had another officer do his 411s for him. Or, perhaps the sergeant caught the error when she reviewed your citation a day or two later and simply completed the form for him because he went off injured, or on vacation and was not expected back for some time. When this happens, they usually put their initials by the other person's name or write something like John Smith, by Janet Jones.

If you feel the officer's name was maliciously forged and the amendment on the 411 does not reflect his true wishes in the matter, then by all means bring it to his attention in court and I am sure he will have it investigated. OTOH, if you are just pi**ed because the officer gave you a ticket and want to use your suspicion that someone else signed the 411 as an excuse to get back at him, tell the judge when you get in court. The judge will ask the officer if it is true. Being under oath and sworn not to lie, he will answer honestly. If he was assisted in completing his paperwork, he will ask the court's permission to amend the 411 to satisfy your concerns. The court will grant that permission and the officer will personally sign the 411 and hand it back to you. The matter will then be rectified, the trial will move on and you will be left feeling silly.

In other words, it's a meaningless procedural issue in the eyes of the court.

[Fuzz]

We have a similar correction notice....... it could be the officer just did a type on the original ticket and is correcting what the maximum speed limit should have been. Unless something on it says the charge has been changed then it is the same violation...... such as speed over 65mph and the officer wrote max speed was 60. You are still being charged with driving faster than 65mph but the form on the ticket was a mistake.

As far as the signature our form asks for the signature of the officer amending the citation....doesnt have to be the officer who originally wrote the cite.

[vrlobo88]

The signature on the form was that of the officer who cited me when he pulled me over. However, there are no intials near it and it does not appear to be his.

The 411 was issued unnecessarily. In fact, I am now charged with speeding in a 65 mph zone when the highways section actually has a limit of 55 mph. Therefore, there is now a mistake with the citation where before there was no mistake.

[L-1]

The signature on the form was that of the officer who cited me when he pulled me over. However, there are no intials near it and it does not appear to be his.

The 411 was issued unnecessarily. In fact, I am now charged with speeding in a 65 mph zone when the highways section actually has a limit of 55 mph. Therefore, there is now a mistake with the citation where before there was no mistake.

Again, if you feel the officer's name was maliciously forged and the amendment on the 411 does not reflect his true wishes in the matter, then by all means bring it to his attention in court. If someone signed my name to a 411 changing a citation against my wishes, I would have it investigated and I am certain he will as well. However, if you are doing this just to tweak the officer because you are upset over the citation, remember what I said before - this is a minor administrative form which others are authorized to prepare on the officer's behalf with his consent. If that is the case, there is nothing inappropriate about someone else signing on his behalf and you will wind up looking foolish. This is not like Law and Order on TV where if you blink the wrong way or sneeze at the wrong time, the case gets thrown out on a technicality. That's just on television and not in real life.

As far as the citation validity is concerned (wrong section being cited on the 411) I can't help you there. This is something that can only be resolved by the court.

Best of luck.