The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. Look out for your traffic ticket issuer's response to discover whether you won. If you disagree with any part of this disclaimer, do not use our website. You can't do traffic school as long as the citation is in your father's name. You will have a better chance of fighting and winning your citation if any of the mentioned factors affected your ticket. That information must be transposed unto the formal complaint against you. When a defendant shows up in court for a traffic ticket, he or she can complain about the mistaken ticket. If you want to legally beat each and every ticket you ever get make sure to check out the beat the system guide. Unless you were on your way to getting someone to the hospital or are running away from someone who wants to harm you, then, by all means, you should explain yourself. It does certainly sound like there was a problem with the copy of the ticket that you received. However, if your complete name is wrong on a speeding ticket like the office put the name of the street you were caught as your first name and the your first name as your last name, then you're lucky enough to get your case dismissed. Additionally, you signed the bottom of the ticket agreeing to come to court. No legal advice is being provided. You can find lots of bad advice recommending that you should fight all errors on a traffic ticket, claiming that if the officer spelled your name wrong or wrote down the wrong address,. The best we could determine was that the officer accidentally got his information from a previous traffic stop and handed it to this driver. If you decide to hire a traffic lawyer, you should be prepared to part with a lot of money in legal fees. The only things that are correct is my car's license plate number. It would be best to let DoNotPay help you with your traffic offense today. If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. Note that signing the ticket does not mean that you admit guilt. The law is also subject to change from time to time and legal statutes and regulations vary between states. Having said that, the officer can still give you the right ticket within 30 days of the alleged offence, if he realizes his error. Also, when a mistake is brought to the court's attention, the prosecutor can simply move . Q: If an officer charge u with a dui and put the wrong vehicle information on the ticket can it be dismissed. You won't find any red-tape or legal jargon on our site, just the answers you need in an easy-to-understand format. I guess people think "car lawyers" should handle tickets too. If the conviction notice comes in then I know they got my address right and the cop fixed the errors? GameStop Moderna Pfizer Johnson & Johnson AstraZeneca Walgreens Best Buy Novavax SpaceX Tesla. The fact that the ticket that you got has no driver's license on it and it has nothing to personally identify you, this means that there will be no consequences against you for this ticket. If you don't get it corrected then obviously your father will have a mess on his hands. kegman1 wrote: The time is wrong. The officer has until the time of trial to amend the ticket. Mississippi Traffic Tickets Questions & Answers. But receiving a citation that lists incorrect information can be even more frustrating. There are likely other ways to win or obtain a favorable result, however. How to Get Traffic Ticket Forgiveness In California Effortlessly, A Step-by-Step Guide to Finding Old Traffic Tickets Quickly, How to Request a Continuance for a Traffic Ticket, All About Statute of Limitation on Traffic Tickets In Texas, How to Avoid Paying Traffic Tickets With This Easy Trick, How to Pay Your Houston Water Bills Online Hassle-Free, How to Remove My Case From The Internet Instantly, How to Recover Your Forgotten Workday Password Hassle-Free, How to Stay In Touch With Inmates at Clements Unit, Sending Money to an Inmate Has Never Been Easier, sign the ticket, and you will have your day in court to plead your case. You have to request a copy of the complaint. PREMIUM. I will wait and see and update the thread when this resolves one way or the other. Feifer & Greenberg, LLP, 15 Maiden Lane, Suite 1208, New York, NY 10038, (888) 842-5384. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. define('DISALLOW_FILE_EDIT', true); ", Professional Drivers & Fleet Services Division. So what I would do is NOT respond at all. Mistakes get made. The following are the common mistakes that most motorists make: As seen above, contesting a traffic ticket by yourselfis a complicated and time-consuming process, and the chances of winning are meager. What Is The Punishment Range For A State Jail Felony? Or do you wait until trial so that they cannot fix it? If the ticket has been filed, you can then decide whether to retain a paralegal or proceed on your own in addressing the original issue. Mistakes do have some merit and could be used as a tool to help chip away at the sufficiency of the evidence offered against a driver. It outlines specifically what the prosecutor intends to prove at trial. "Sorry, come back in 4 days.". Unread post He filed it anyway, although I am not sure if he filed it with the same information as what appears in my ticket. (e) A complaint in municipal court may be sworn to before: (2) the clerk of the court or a deputy clerk; (4) the city attorney or a deputy city attorney. New comments cannot be posted and votes cannot be cast. The common belief is that cases can simply be dismissed by showing up to court and saying, I drove a midnight blue car and the officer wrote black, I have two last names and the officer wrote one as my middle name, The ticket says its a 93 but the car is a 94. Please note that our website is an Attorney Advertisement. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. For more information, please see our Meeting with a lawyer can help you understand your options and how to best protect your rights. Your name, date of birth, address, license number, and vehicle make, model, color and plate, etc. Your office is in NYC. More than the citation that you received, the complaint is what holds a little more merit in court. code or county). We recommend fighting almost all tickets. This document is actually used to prosecute you, not the ticket. I'm interested to see a ticket with so many errors on it! The top of the ticket contains the name and address of the offender, as well as information about the vehicle being driven and then the alleged traffic violation. Let the officer use the wrong descriptions of the location, the violation or the identification of your vehicle to the court. Mistakes on traffic tickets occur when officers are in a hurry or absentmindedly jot down incorrect information. Can you post a photo of your ticket? Officer flagged me down in a speed trap, issued me the ticket and I was on my way. Whether the address is incorrect, the color of the car listed is different from yours or your name is wrong on a speeding ticket (misspelled) theres almost zero chances that it will result in a dismissed ticket. Anyway, if I plead not guilty and go to traffic court, is it likely to be dismissed? Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case. Unread post Mistakes on Traffic Tickets: License to Dismiss? Read along to discover how DoNotPay can help you fight your traffic ticket. While there are cases where this has been true in general this do not apply to the courts. Our car experts choose every product we feature. and. CA Man Fights Traffic Ticket with Physics, How to Fight Traffic Tickets, Five Strategies that Work, Browse Traffic Ticket Lawyers by Location. All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay the ticket. There is absolutely no point in arguing with the traffic officer. Business, Economics, and Finance. Or, he transposes a few digits of your driver's license. He specializes in Lemon Law and frequently writes about cars and the law. Think of it as an indictment based on the information contained in the ticket. However, if you lose the case, you will have to pay the citation as well as added court fees. However, this is still improper service as you were not served with an Offence Notice with your name and address and drivers license on it (also a fatal error). While mistakes on a traffic ticket may not mean an automatic dismissal, sometimes an attorney can argue that perhaps the officer was distracted or similarly mistaken about the underlying violation itself. I spell my name "Steven" and the ticket reads "Stephen." (1) the original traffic ticket gave the defendant notice of the true nature of the offense; (2) the defendant was not deprived of a reasonable opportunity to prepare a defense; and (3) the amendment merely clarifies or amplifies the information in the original ticket. Cop wrote 99km/h over 60km/h but was wrong. But if he does, the mistake on the ticket won't save you. In all honesty, it means that fighting a traffic ticket is a lot more complex than it seems. Wrong Summons Date A traffic citation is essentially a summons that requires you to appear in court to answer for your violation. We have organized a statewide network of attorneys. It only takes a minute to, (You must log in or sign up to reply here.). Even the smallest mistake can be grounds for dismissal, but it all comes down to what the judge determines. However, if the ticket containing the mistake was sent via a red light camera or speeding camera, you may have more options to defend yourself. This field is for validation purposes and should be left unchanged. The ticket should contain essential information such as the alleged charge, the amount of the fine, and the summon date. The content of this post is not legal advice. So start with the complaint and compare to the ticket. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. Most of the things I've described above are merely clerical in nature. You will need a competent and experienced traffic attorney to represent you in court. Because camera tickets are sent to the owner of the car, not the driver, make sure you actually were driving the car when the ticket was issued. Check the date, time, and location of the ticket. Legal Disclaimer: The content appearing on our website is for general information purposes only. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. There has been a hot debate about the accuracy of radar guns and the cameras attached to the red lights. Still, this does not mean an automatic dismissal. But simply put: Scrivener's errors what civilians call "typos" will not void your ticket. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Further, prosecutors have the ability to amend defects in the complaint. You will need to show up to court and explain it, and in doing so ask for traffic school. Fatal error? If a cop makes a mistake writing your ticket, you are most definitely not off the hook. When a ticket bears a mistaken spelling of your name or a slight variation of your license plate number, a judge will likely just amend the ticket to reflect your real information and will not dismiss your case. If the vehicle is not identified exactly, then there will be legitimate questions about the ticket itself and which car was allegedly parked improperly. Something I would have paid immediately had I any information other than a ticket for a guy living in a state Ive never been to. Generally, the prosecutor must prove that you were driving in that location at that date and time. There isnt the additional information, like address, date of birth, ID number, etc. If you are charged based on the ticket number that was given to you, you would point out all the errors that are wrong, and especially that there was no drivers license number and no signature. Which laws were alleged to have been broken, The jurisdiction where you allegedly committed the offense, and. Here are some common examples of citation mistakes: If an officer issued you a ticket with an erroneous summons date, and you fail to appear on time, you can appear on the erroneous date and have the judge find the mistake to be "good cause" for your failure to appear. Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. If the ticket has not been filed at that time, wait another week to call a second time. A Notice to Owner letter must be sent within six months of the ticket being issued, and needs to include: The name of the authority enforcing the ticket; The date of the notice (the date on which the letter was posted), as well as the date on which the alleged offence was committed; The amount of the fine; The reason for issuing the ticket The directive also allows the enforcement of foreign . 0 found this answer helpful | 0 lawyers agree So there is a strategy and timing issue related to bringing up defects in tickets and complaints. Whether the officer forgets to fill a section out or gets called to another accident, if the missing data is crucial to the case, the citation may be dismissed. Do you tell them immediately only to have them amend the defect? The transmission of information via the website does not create an attorney-client relationship between you and The Ticket Clinic, A Law Firm. city/town state) Identity of the violator Date and time If any of those are factually incorrect based on the officer's efforts there COULD be a challenge to the citation. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Tickets may sometimes have the incorrect code section listed for your offense (i.e., the code section for disobeying a traffic device when the officer actually pulled you over for speeding). If you are looking for more information, please select the county you live in. Sit back and relax while we do the work. Visit our attorney directory to find a lawyer near you who can help. what should i do in this case? The top of the ticket contains the name and address of the offender, as well as information about the vehicle being driven and then the alleged traffic violation. Parking tickets are issued to a vehicle, not a person. (888) 842 5384 (TicketHELP) REQUISITES OF COMPLAINT. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. info@tickethelp.com. Users of the website should not act, or decline to act, based on information or content from this website. Of course, it could also mean that the actual ticket was not handed to the driver but still existed somewhere and bad things could happen if the traffic stop were completely ignored. While mistakes on a traffic ticket may not mean an automatic dismissal, sometimes an attorney can argue that perhaps the officer was distracted or similarly mistaken about the underlying violation itself. What is considered Actual Possession For Criminal Cases In Texas? Privacy Policy. Just got a speeding ticket this morning. Of course, there are other errors that may occur on your speeding ticket. Reddit and its partners use cookies and similar technologies to provide you with a better experience. If he wrote for you to appear on the 14th when the court date was the 10th. Somewhere around the middle there is a section covering errors on a citation. ** <<, Beat a Speeding Ticket powered by Expert WordPress | Sitemap. I live in Florida, where I was pulled over for speeding I was borrowing my father truck that day, he and I share the same fist and last name but have different middle names. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. (7) it must conclude with the words Against the peace and dignity of the State and, if the offense charged is an offense only under a municipal ordinance, it may also conclude with the words Contrary to the said ordinance.