** <<, Beat a Speeding Ticket powered by Expert WordPress | Sitemap. New comments cannot be posted and votes cannot be cast. 1995 - 2019 TheLaw.com LLC. Call for a Free Consultation 1-800-248-2846 Traffic Ticket Mistakes That Will Get Your Case Dismissed in Court If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. A complaint is a sworn document alleging the offense you committed. And the court can usually amend the ticket that is, simply correct it. The name is COMPLETELY wrong and bears absolutely no resemblance to my name. Update: Ok so I went to the online payments for www.toronto.ca/POA website and the ticket was indeed filed by the cop. The name mistake was my last as my first, and my middle as my last and first as my middle. Once the officer has significantly presented this perjured testimony to the court, that the best time for you to open up the errors on the speeding ticket. Most of the things I've described above are merely clerical in nature. Although the Justice of Peace is required to cancel the traffic ticket in case of a fatal error, at most times, they fail to do so, and your attorney may have to file an appeal. Was there more than one person pulled over at the same time as you? If it's incorrect or only has what speed you were going, it could get your case dismissed. His most recent books include Preston Tucker and His Battle to Build the Car of Tomorrow, and Dodge Daytona and Plymouth Superbird: Design, Development, Production and Competition. James Medows 306 Atlantic Avenue, Brooklyn, NY 11201 Email: jamesmedows@gmail.com Phone: (917) 856-1247 Thanks for any help. A mistake on the ticket does not change those facts. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. One of the first things you are required to do is to sign it but then you find out that there are incorrect information on the ticket it may be that your name is wrong whats the best to do if caught up in such a situation? Ask a Question About Traffic Violations in Our Community Forum (FindLaw Answers). about FindLaws newsletters, including our terms of use and privacy policy. Unlike a parking ticket, this type of error will NOT result in your case being dismissed. Obviously its not a big ticket. I understand that cops misspell names like Adar instead of Adam, but in this case the name on my ticket is not even close to my legal name and is completely void of my last name. No legal advice is being provided. If you don't get it corrected then obviously your father will have a mess on his hands. Your Privacy Choices: Opt Out of Sale/Targeted Ads. Sorry but it's true. If you are looking for more information, please select the county you live in. All you need to do is prove the listed automobile is not your vehicle by providing documented proof of the correct info. I spell my name "Steven" and the ticket reads "Stephen." We cant guarantee results. Users browsing this forum: No registered users and 3 guests. The only possible way this could matter is if the officer wrote the wrong appearance date on the ticket. Road & Track participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites. To prove you were guilty of violating the law, all elements of the offense have to be met. What is considered Actual Possession For Criminal Cases In Texas? Learn more If you decide to hire a traffic lawyer, you should be prepared to part with a lot of money in legal fees. If it was the other way around he wrote the 10th but you were not due until the 14th, you'd show up early. At my destination I checked my ticket out. With those prosecutors, we save the defect for trial. (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. What Is The Punishment Range For A State Jail Felony? Moreover, if a John Smith who drives a green car were to claim the ticket written to John Smite in a brown car was not issued to him, there would also be an issuing officer who could potentially identify the person in court as the driver of the vehicle and end any doubt. We have helped over 300,000 people with their problems. Parking tickets are issued to a vehicle, not a person. Officers are often in a hurry, and sometimes they fail to include all the information needed on a ticket. The website is maintained for informational purposes only. That information must be transposed unto the formal complaint against you. 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. mightymoose, May 28, 2010. Some of it he or she is taking from a driver's license which might be in rough shape and it may be near the end of a shift. 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. The purpose of the ticket is only to offer information regarding the offense. Multiple small mistakes can make such an argument even more likely to succeed. CA Man Fights Traffic Ticket with Physics, How to Fight Traffic Tickets, Five Strategies that Work, Browse Traffic Ticket Lawyers by Location. It really boils down to this: You get notice of the charges against you and the opportunity to dispute them. Choose Your State. I would imagine that somebody else got a ticket with your information on it and you got theirs. Fatal error? wrong name on traffic ticket . Officers often make errors on speeding tickets when they hurriedly or absentmindedly write the ticket. After all, the ticket is simply a description of a charge against you and a notice for you to appear and answer that charge. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. Cookie Notice Blasphemy! As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. Fatal errors come with caveats to a dismissal. Nothing appearing on this site shall be considered legal advice and is presented only as a general statement of the law. by: Whenaxis on Sat Jan 07, 2017 5:43 pm. 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. You can visit the Palm Beach County Clerk and Comptrollers website and search by your name at: http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_main.cp_main_idx You can reach them by phone at (561) 355-2996. The following significant errors could lead to the cancellation of your traffic ticket: If the police officer lists the wrong license plate number, the wrong make, and model of the vehicle, or any other important identifying information, the traffic ticket can get thrown out. Legal Disclaimer: The content appearing on our website is for general information purposes only. 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. However, major errors such as the wrong statute is cited, the wrong highway is listed or your vehicle is radically misidentified are enough grounds to justify the dismissal of your ticket. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. Even the smallest mistake can be grounds for dismissal, but it all comes down to what the judge determines. Of course, there are other errors that may occur on your speeding ticket. 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 really depends on the court and the prosecutor. You can have better chances of fighting your citation if any of these factors influence your ticket. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. Last year I was pulled over in PA for doing 5 over. Let the officer use the wrong descriptions of the location, the violation or the identification of your vehicle to the court. In all honesty, it means that fighting a traffic ticket is a lot more complex than it seems. If you choose to fight your ticket, you can claim that you did not commit the wrongly cited traffic law in hopes that the officer does not remember you or why he actually pulled you over. Experience, preparation and good decision making help us to help our clients avoid points, surcharges, insurance increases and the other negatives that can easily result from a traffic ticket. Blog We have organized a statewide network of attorneys. If you are charged based on another ticket that was given to somebody else, but not to you, then you argue that you were never served with that ticket, but were given this other ticket that was for somebody else. 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. Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. Our most popular destinations for legal help are below. Still, this does not mean an automatic dismissal. It only takes a minute to, (You must log in or sign up to reply here.). You will have a better chance of fighting and winning your citation if any of the mentioned factors affected your ticket. These are legal proceedings and we cant promise you that every case will end in our favor. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. (b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made. Mistakes get made. So there is a strategy and timing issue related to bringing up defects in tickets and complaints. Look out for your traffic ticket issuer's response to discover whether you won. How else would you give someone a ticket who has never had a licence? Incorrect Details on Your Ticket Before you do anything else, take a close look at the citation you were given by the officer. Clients ask if these things aren't Get Out Of Jail Free cards. What happens when the police give you the wrong ticket? Regardless of whether you are at fault, you need an attorney by your side to evaluate your case and figure out if you have a fighting chance in court. The law is also subject to change from time to time and legal statutes and regulations vary between states. You should therefore check periodically for changes. So simply do not dispute the ticket or pay for the ticket - let the person identified in the ticket receive a notice of conviction. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. The best case scenario at this point would probably be that the JP quashes it. Under the description he listed "Improper Lane Usage" but the code actually referred to an "Improper Turn." If an officer lists the wrong make and model of your vehicle, the wrong license plate number, or any other essential identifying evidence, the incorrect information on traffic ticketcan get the citation thrown out. Officer flagged me down in a speed trap, issued me the ticket and I was on my way. 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. by: jsherk on Thu Jan 05, 2017 5:29 pm. Your office is in NYC. 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. 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). 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. Additionally, you signed the bottom of the ticket agreeing to come to court. Anyway, if I plead not guilty and go to traffic court, is it likely to be dismissed? Just got a speeding ticket this morning. If anyone has advice I'm all ears, Speeding Tickets, Traffic & Moving Violations, TheLaw.com has been providing free legal assistance online since 1995. Examining Your Ticket. It's not brown, it's taupe! Copyright 2022, Thomson Reuters. We fight these types of cases in New York all the time so we'd be happy to help. All Rights Reserved. Our experts have carefully reviewed each state's regulations to create a step-by-step guide to the . At most times, officers are often in a hurry and may fail to record all the required information. It is possible that the law may not apply to you and may have changed from the time a post was made. You'd show up late but the court would probably forgive you since you had good cause. It enables us to help clients anywhere in New York State and in our opinion provide particularly effective and affordable representation for our clients. You should contact a local traffic ticket lawyer to see if there are other possible ways to try to fight the ticket. Mistakes on Traffic Tickets: License to Dismiss? 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. (d) A complaint may be sworn to before any officer authorized to administer oaths. If the defect is jurisdictional or based on constitutional violations and you do not bring up the issue, you can also waive your right to bring up the defect. He filed it anyway, although I am not sure if he filed it with the same information as what appears in my ticket. Like where an officer wrote the wrong name, address, license number and car description all on the same ticket. Visit our attorney directory to find a lawyer near you who can help. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, The driver will need to provide proof of the correct information via official documentation from the Department of Motor Vehicles. 0 found this answer helpful | 0 lawyers agree Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. Though this could assist in getting the case dismissed, it is not as easy as one might think. Cop wrote 99km/h over 60km/h but was wrong. "This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. Check the date, time, and location of the ticket. Many of these things are. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The police officer instead of my first and last names wrote the name of my city. Unread post Unread post It's that simple! define('DISALLOW_FILE_MODS', true); Learn How to Beat a Speeding Ticket without Expensive Lawyer Fees. First of all, the officer should mention the location of offense in direct arguments. In that case, if that ticket was submitted to the system that way, then there is a chance it will go away. 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 youre lucky enough to get your case dismissed. i want to know if we could have the ticket dismissed because he has the wrong driver behind the wheel More Well discuss our goals and objectives but no attorney can ever guarantee how a case will conclude. I would guess the officer mixed up the drivers. 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. Most drivers are scared to leave tickets unpaid, especially when the scam insists you may be sent to collections, lose your car, or even be arrested. It does certainly sound like there was a problem with the copy of the ticket that you received. If a police officer uses the wrong name on a ticket, do I have to show up for court, or just let them issue a warrant for a person who does not exist? I know there are some people who have never been ticketed but most of us have seen a citation or two. Although my legal specialty is Lemon Law, I get a lot of phone calls about traffic tickets. The specific requirements of a valid complaint are as follows: Art. We reserve the right to modify these terms at any time. and our I received a ticket for not wearing my seat belt. Steve Lehto is a writer andattorneyfrom Michigan. The myth likely comes from parking tickets where small errors on the ticket are much more damaging. There is no Driver's license Number - it's blank. If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation dismissed. These are the types of traffic ticket mistakes that may or should get the ticket canceled. Our car experts choose every product we feature. Plus, many people think that the legal system is rife with technicalities and legalese and somehow a missing comma or an extra dot can ruin an otherwise-sound case. That said, proving this in court is hard. You won't find any red-tape or legal jargon on our site, just the answers you need in an easy-to-understand format. the officer put my husband's name on the ticket, the car is registered to him, but my son's b'day and license number. The individual state traffic code or municipal code can be broken down into elements. Even if I wanted to pay the ticket I couldn't be certain that it was MY ticket that I was paying since there is nothing on the ticket that bears my ID. Compensation For Injuries After A Car Wreck, Establishing Liability In Car Accident Cases, https://beltzlaw.com/wp-content/uploads/2012/09/Traffic-Ticket-Defense-Lawyer.mp4. Somewhere around the middle there is a section covering errors on a citation. The officer has until the time of trial to amend the ticket. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. Feel free to call us for a free consultation at 212-683-7373 to discuss. 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. The address is completely wrong (probably belongs to the name listed on the ticket) The birthdate is completely wrong (ditto from above) The gender is wrong (ditto from above) There is no signature on the electronic ticket. If you wish to contest your traffic ticket but have no idea where to start, DoNotPay has got you covered in 5 easy steps. Name on traffic ticket is wrong I received a ticket for not wearing my seat belt. Unread post But simply put: Scrivener's errors what civilians call "typos" will not void your ticket. Remember your lawyer is not a magician and for every legal argument made on your behalf, there is usually an equally compelling counter-argument that is presented to the judge by the prosecutor. PREMIUM. Note that signing the ticket does not mean that you admit guilt. If your lucky enough to find out that the cited highway, vehicle or your own name is wrong on a speeding ticket completely, then this is your sure way to have the charge dismissed. I am able to pay the fine now (I did not pay it or enter any info) but nothing shows up identifying that it is indeed my ticket. Article 45.019 gives you the option to contest what is written in the complaint as well as the timeline for when that objection must be submitted. The Ticket Clinic, A Law Firm is not liable for the use, or interpretation, of information contained on the website or otherwise presented on accessed through the website, and expressly disclaims all liability for any actions you take or do not take, based on the website's content.