New comments cannot be posted and votes cannot be cast. 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,. Blog When to Fight a Traffic Ticket | DMV.ORG When I drove away, I realized it wasnt even my ticket. If you fail to appear in court at the specified day and time, the judge will usually issue a bench warrant and your license could possibly be suspended automatically. If the conviction notice comes in then I know they got my address right and the cop fixed the errors? It is a fatal error for an officer to put the wrong street or not to put the place or street at all where you were caught as this is needed to justify your violation. 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? Okay so Ive read a bunch of these but a lot of the name issues were a simple typo. A minor error, such as a misspelled last name, will generally not result in the traffic ticket being dismissed. Blasphemy! Myth: If the officer makes a single mistake on your traffic ticket, the If you want to legally beat each and every ticket you ever get make sure to check out the beat the system guide. In the past few years, the accuracy of radar guns and cameras attached to red lights have been hotly debated. 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. If you wish to contest your traffic ticket but have no idea where to start, DoNotPay has got you covered in 5 easy steps. Incorrect Details on Your Ticket Before you do anything else, take a close look at the citation you were given by the officer. You can have better chances of fighting your citation if any of these factors influence your ticket. I tried to contact the deputy via Clerk of Courts and through his office as well to see how this matter could be resolved, to date I have not heard back from the deputy in anyway. by: jsherk on Thu Jan 05, 2017 5:29 pm. The website is maintained for informational purposes only. Steve Lehto is a writer andattorneyfrom Michigan. If the vehicle is not identified exactly, then there will be legitimate questions about the ticket itself and which car was allegedly parked improperly. 1995 - 2019 TheLaw.com LLC. Was there more than one person pulled over at the same time as you? So simply do not dispute the ticket or pay for the ticket - let the person identified in the ticket receive a notice of conviction. That information must be transposed unto the formal complaint against you. What Is The Punishment Range For A State Jail Felony? 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. There are unfortunate times when you get pulled over for speeding then get issued with a ticket. How else would you give someone a ticket who has never had a licence? Welcome to TheLaw.com! The judge will ask you if you would like to cross-examine. Chances are that if a traffic ticket has errors,the citation can be overturned or dismissed with the help of a traffic lawyer. Ask a Question About Traffic Violations in Our Community Forum (FindLaw Answers). by: Whenaxis on Thu Jan 05, 2017 6:14 pm. Meeting with a lawyer can help you understand your options and how to best protect your rights. The only possible way this could matter is if the officer wrote the wrong appearance date on the ticket. New York Traffic Ticket Lawyers | Feifer & Greenberg. Officers are often in a hurry, and sometimes they fail to include all the information needed on a ticket. 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. 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. The ticket is used to complete this document. by: Whenaxis on Sat Jan 07, 2017 5:43 pm. In most states, a traffic ticket is simply a summons for you to appear in court for your offense. Dont even try to correct the errors of the officer instead, use these to your advantage. It really boils down to this: You get notice of the charges against you and the opportunity to dispute them. 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. Despite many myths surrounding traffic tickets, clerical errors on a traffic citation are generally not sufficient cause for a judge to dismiss your case, even if the officer fails to spell your name right, according to the privately owned website DMV.org. There is absolutely no point in arguing with the traffic officer. But that's not how it works. With those prosecutors, we save the defect for trial. It takes decades to gain the knowledge on how to fight defects in traffic tickets and complaints in Texas. More than the citation that you received, the complaint is what holds a little more merit in court. In any case, we still do recommend looking over the ticket carefully. Exceeding the speed limit by 16 to 29 km/h, Ticket not showing up online ticket search need some recommendation. Despite your undying urge to explain to the traffic officer why you were overspeeding, it is always best to exercise your right to remain silent. (d) A complaint may be sworn to before any officer authorized to administer oaths. There are numerous issues which I would consider fatal errors but wanted the experts on this board to weigh in: The name is COMPLETELY wrong and bears absolutely no resemblance to my name. Convictions quickly lead to surcharges, insurance increases and other complications. 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. how did martin luther king jr change the world. Unread post by: kegman1 on Thu Jan 05, 2017 4:26 pm. (b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made. wrong name on my traffic ticket - justanswer.com Users browsing this forum: No registered users and 3 guests. 1 Answer | Asked in DUI / DWI and Traffic Tickets for Mississippi on Jul 24, 2022. Nothing appearing on this site shall be considered legal advice and is presented only as a general statement of the law. Check the date, time, and location of the ticket. Is It Legal To Obscure Your License Plate? At that point, it's too late for the officer to give you the right ticket because it will have been more than 30 days after the offence was allegedly committed. If a cop makes a mistake writing your ticket, you are most definitely not off the hook. Consider some of the information on a ticket issued for a moving violation. 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. If he wrote for you to appear on the 14th when the court date was the 10th. wrong name on traffic ticket : r/legaladvice If there is any incorrect information on the ticket, you'll probably be able to get it dismissed. Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. There isnt the additional information, like address, date of birth, ID number, etc. However, if you lose the case, you will have to pay the citation as well as added court fees. 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, Leave it out and still sign the ticket. Mistakes get made. 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. "This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. Unread post my son got a speeding ticket in nassau county, ny. If the information was transposed in a way that gives you proper notice of the charges against you, then it will be considered valid for the purposes of proceeding to trial. At most times, officers are often in a hurry and may fail to record all the required information. 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. So, in 24 years of practicing law I have handled several hundred traffic tickets. You can hire a traffic lawyer to determine the best strategy for fighting a ticket based on your specific violation; an attorney knows your area's specific traffic codes and how to best approach the judge. I'm interested to see a ticket with so many errors on it! Sorry but it's true. 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). You'd show up late but the court would probably forgive you since you had good cause. For this reason, it is crucial that you do your best to win your traffic case. 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. It would be best to let DoNotPay help you with your traffic offense today. kegman1 wrote: The time is wrong. Q: If an officer charge u with a dui and put the wrong vehicle information on the ticket can it be dismissed. In our network are both attorneys who work for Feifer & Greenberg and attorneys who work for other firms that regularly provide of-counsel representation to our clients. The best case scenario at this point would probably be that the JP quashes it. The problem is that you cannot retain us to fight a ticket issued in someone else's name. 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. Or do you wait until trial so that they cannot fix it? There has been a hot debate about the accuracy of radar guns and the cameras attached to the red lights. If you claim the ticket now does not apply to you because of a misspelling, it probably will not fly as a legitimate defense. For more issues related to traffic ticket defenses. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If you received a traffic ticket, contact us to go over your case and let an experienced attorney review the information for you to ensure you get the best outcome possible. Our experts have carefully reviewed each state's regulations to create a step-by-step guide to the . 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. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. about FindLaws newsletters, including our terms of use and privacy policy. and on the ticket they only have correct number of my driving license, which is from my own country, and it's not the US. Going to the court and saying, The citation is wrong only alerts them that the complaint must be amended so that they have an accurate case against you. When this happens, you may have a golden opportunity to contest the ticket, even when you were in the wrong. So it seems we are not in the best case scenario: where the cop realized there was an error and did not file. Or are the circumstances not crazy enough to warrant this and the judge will just amend it? 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. 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. This statewide network allows us to match clients in a particular county or court with local attorneys who regularly appear on similar matters in the same county or court. You should therefore check periodically for changes. What's the Fine for Disobeying a Traffic Control Device in NY? But if he does, the mistake on the ticket won't save you. These are the types of traffic ticket mistakes that may or should get the ticket canceled. So there is a strategy and timing issue related to bringing up defects in tickets and complaints. To fight a traffic ticket, you should know the specific law or speeding statute that you are accused of violating. Given the compounded errors, the Officer may not file the ticket with the court. It outlines specifically what the prosecutor intends to prove at trial. When that happens, you may have a chance of fighting the ticket or having traffic ticket lawyers do so for you. Worst case is that you are "deemed not to dispute the ticket" and are found guilty. It is possible that the law may not apply to you and may have changed from the time a post was made. If you get pulled over by the traffic officer for a traffic violation for one reason or another, chances are that the police officer will issue you a traffic ticket. In all honesty, it means that fighting a traffic ticket is a lot more complex than it seems. You should contact a local traffic ticket lawyer to see if there are other possible ways to try to fight the ticket. How to Handle a Mistake on Your Traffic Ticket - Road & Track This really depends on the court and the prosecutor. Mistakes on Traffic Tickets: License to Dismiss? Choose Your State. And because I never received any notices whatsoever, Ill now have to pay to get my license back and itll add to my insurance and additional points, etc. Thanks! Well no signature means it is a fatal error. 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. Last year I was pulled over in PA for doing 5 over. 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. Local attorneys can draw on their particular local experiences and, with travel time and expense removed from the equation, help us keep our legal fees low. 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. Let it finish presenting his version of the "facts." Do not object or ask any questions of the officer, during, or after it finishes giving testimony. define('DISALLOW_FILE_EDIT', true); Mistakes on Traffic Tickets: License to Dismiss? - FindLaw 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. Fatal errors come with caveats to a dismissal. Or, he transposes a few digits of your driver's license. We reserve the right to modify these terms at any time. Thanks for the replies folks. It is not a substitute for professional legal assistance. There are likely other ways to win or obtain a favorable result, however. Visit our attorney directory to find a lawyer near you who can help. Another instance may be that the ticket indicates that you were speeding 60 at a 25 mile zone but there was no specific street put down or that you were speeding 60 at a 25 mile zone at highway X where theres actually a higher speed limit than 25, then this could get your case dismissed. But receiving a citation that lists incorrect information can be even more frustrating. People wish this was the case because it would be fun to not have to pay for our driving misdeeds. Read or contribute to the latest legal news in. Business, Economics, and Finance. But simply put: Scrivener's errors what civilians call "typos" will not void your ticket. Multiple small mistakes can make such an argument even more likely to succeed. The question beyond that would be whether or not the officer's copy to be submitted to the court was the same. For more information, please see our They caught a lot of people in the speed trap. Should I just pay my ticket or should I fight? The use of the website does not create an attorney-client relationship. We can only guarantee that we will provide the best possible client service and legal representation. So if you do get a notice of conviction for a ticket, you can file for a reopening and say that the officer didn't provide you service of a ticket under s. 3(3) of the Provincial Offences Act; you just got someone else's ticket. 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. You have to request a copy of the complaint. However he issued the ticket under my father name, birthday and driver license number. Unread post When an officer pulls you over to issue a traffic ticket, you may be upset. You will need to show up to court and explain it, and in doing so ask for traffic school. that could be considered. Mississippi Traffic Tickets Questions & Answers - Justia Ask a Lawyer Even the smallest mistake can be grounds for dismissal, but it all comes down to what the judge determines. At my destination I checked my ticket out. So start with the complaint and compare to the ticket. If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation dismissed. Does your ticket do these things? Anyway, if I plead not guilty and go to traffic court, is it likely to be dismissed? Home / Uncategorized / wrong name on traffic ticket. Can you post a photo of your ticket? This document is actually used to prosecute you, not the ticket. Select whether or not you want the letter mailed to the traffic ticket issuer on your behalf! The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. Legal Corner: If my name is misspelled on a traffic ticket, is - KPLC These are legal proceedings and we cant promise you that every case will end in our favor. Somewhere around the middle there is a section covering errors on a citation. It only takes a minute to, (You must log in or sign up to reply here.). Generally, the prosecutor must prove that you were driving in that location at that date and time. Lets review what a complaintis and what it must have. I know there are some people who have never been ticketed but most of us have seen a citation or two. A place to discuss any general Highway Traffic Act related items. How a Police Officers Accident Report Affects Your Car Accident Case.