{"id":1165,"date":"2012-01-18T20:12:29","date_gmt":"2012-01-18T20:12:29","guid":{"rendered":"http:\/\/www.markagallagher.com\/socaldefenselawyers\/chp-officer-mistake-jurisdiction-can-screw-your-client-over\/"},"modified":"2020-10-30T20:48:43","modified_gmt":"2020-10-30T20:48:43","slug":"chp-officer-mistake-jurisdiction-can-screw-your-client-over","status":"publish","type":"post","link":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/chp-officer-mistake-jurisdiction-can-screw-your-client-over\/","title":{"rendered":"Paperwork Error by CHP Officer Almost triggers Bench Warrant"},"content":{"rendered":"

\"\"<\/a>This morning at my clients DMV hearing, I had the opportunity to speak with the CHP officer who had arrested my client for DUI. While we were waiting in the lobby at the DMV Driver’s Safety Office I was trying to get a feel of the officers experience on the field since you looked fairly young and discovered that the officer had made a mistake that almost caused my client to receive a bench warrant. I had made a comment to the officer about the fact that nothing was filed against my client when I appeared at Malibu court for him. He then stated that “Oh thats because I accidentally wrote the wrong court down on the citation. I thought it was an LA County case”<\/p>\n

Apparently, the officer was confused about which court would handle my clients case\/which District Attorney’s Office to send the arrest report to. This alarmed me because my clients court date was a weeks ago and was worried my client would have an outstanding warrant for failure to appear at his arraignment. I then asked the officer where he sent the report, it was not until then that I learned my clients case would be handled in Ventura County. I immediately called Ventura District Attorney’s Office and learned that my client has court next week.<\/p>\n

While I had the clerks office at Malibu Court provide me with a “Proof of Appearance,” and was following with Malibu District Attorney on\u00a0 a weekly basis (of course nothing was ever filed), my client would have had a bench warrant in the meanwhile until we discovered that a case was filed in Ventura County. Luckily for my client the new court date has not passed yet and will not receive a bench for failure to appear.<\/p>\n","protected":false},"excerpt":{"rendered":"

This morning at my clients DMV hearing, I had the opportunity to speak with the CHP officer who had arrested my client for DUI. While we were waiting in the lobby at the DMV Driver’s Safety Office I was trying to get a feel of the officers experience on the field since you looked fairly…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"categories":[19,5,20],"tags":[],"class_list":["post-1165","post","type-post","status-publish","format-standard","hentry","category-california-criminal-law-blog","category-california-dui-law-blog","category-california-traffic-ticket-blog"],"_links":{"self":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/1165","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/comments?post=1165"}],"version-history":[{"count":1,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/1165\/revisions"}],"predecessor-version":[{"id":5624,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/1165\/revisions\/5624"}],"wp:attachment":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/media?parent=1165"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/categories?post=1165"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/tags?post=1165"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}