The only possible way this could matter is if the officer wrote the wrong appearance date on the ticket. Many of these things are confined to small boxes which a law enforcement officer is filling out on the side of the road at 1:00 AM. 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. Mistakes on Traffic Tickets: License to Dismiss? But if someone else has your ticket, technically the officer hasn't met the service requirements specified in s. 3(3) of the Provincial Offences Act: "The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred.". 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. So there is a strategy and timing issue related to bringing up defects in tickets and complaints. Unread post There has been a hot debate about the accuracy of radar guns and the cameras attached to the red lights. If it was the other way around he wrote the 10th but you were not due until the 14th, you'd show up early. Some common strategies include arguing: The Officer's Observations or Subjective Conclusions 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. 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. (b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made. Multiple small mistakes can make such an argument even more likely to succeed. A place to discuss any general Highway Traffic Act related items. More than the citation that you received, the complaint is what holds a little more merit in court. Learn more 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. For more issues related to traffic ticket defenses. If this happens, and you get notice of a conviction in the mail, then you can file an appeal. Unlike a parking ticket, this type of error will NOT result in your case being dismissed. I let it sit for a year and never received any notices about it, whatsoever. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. This field is for validation purposes and should be left unchanged. Our experts have carefully reviewed each state's regulations to create a step-by-step guide to the . i want to know if we could have the ticket dismissed because he has the wrong driver behind the wheel More reCAPTCHA and the Google Privacy Policy and by: kegman1 on Thu Jan 05, 2017 9:43 pm. New comments cannot be posted and votes cannot be cast. This field is for validation purposes and should be left unchanged. All you need to do is prove the listed automobile is not your vehicle by providing documented proof of the correct info. NO ATTORNEY-CLIENT RELATIONSHIP. If you find problems with the information, let an attorney use trusted tactics and defense strategies to go to traffic courts near meand get your case dismissed. If it's incorrect or only has what speed you were going, it could get your case dismissed. Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend, Unread post Or are the circumstances not crazy enough to warrant this and the judge will just amend it? As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. Home / Uncategorized / wrong name on traffic ticket. ** <<, Beat a Speeding Ticket powered by Expert WordPress | Sitemap. We have helped over 300,000 people with their problems. 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). This is one argument you will never win. This is important as many states like California will add a steep civil penalty to your ticket for failing to appear on your court date without good cause. CA Man Fights Traffic Ticket with Physics, How to Fight Traffic Tickets, Five Strategies that Work, Browse Traffic Ticket Lawyers by Location. define('DISALLOW_FILE_MODS', true); Learn How to Beat a Speeding Ticket without Expensive Lawyer Fees. Nothing appearing on this site shall be considered legal advice and is presented only as a general statement of the law. They vary from state to state in form but they generally contain the same elements. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. wrong name on traffic ticket . first results that came up brings up some inaccurate results. 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. All rights reserved. Worst case is that you are "deemed not to dispute the ticket" and are found guilty. (f) If the defendant does not object to a defect, error, or irregularity of form or substance in a charging instrument before the date on which the trial on the merits commences, the defendant waives and forfeits the right to object to the defect, error, or irregularity. How do you handle cases statewide? by: OTD Legal on Thu Jan 05, 2017 4:32 pm. If the ticket has not been filed at that time, wait another week to call a second time. 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. PREMIUM. 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. Out-of-state Drivers With NY Traffic Ticket, New York Unsafe Lane Change Tickets Lawyer. Weathering, high winds, and winter storms can all affect the precision of the shutter speed on traffic cameras, and the way officers handle the radar equipment, the purchase date, and the guns maintenance can all influence how well the sensitive instruments capture correct information. If you wish to contest your traffic ticket but have no idea where to start, DoNotPay has got you covered in 5 easy steps. Mississippi Traffic Tickets Questions & Answers. How a Police Officers Accident Report Affects Your Car Accident Case. A minor error, such as a misspelled last name, will generally not result in the traffic ticket being dismissed. They don't really harm you in any way. that could be considered. (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. Choose Your State. Blasphemy! 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. I have even seen traffic tickets where the officer wrote the wrong citation number for the accused violation. info@tickethelp.com. So it seems we are not in the best case scenario: where the cop realized there was an error and did not file. Leave it out and still sign the ticket. In any case, we still do recommend looking over the ticket carefully. Users browsing this forum: No registered users and 3 guests. If you don't get it corrected then obviously your father will have a mess on his hands. While there are cases where this has been true in general this do not apply to the courts. 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. Under the description he listed "Improper Lane Usage" but the code actually referred to an "Improper Turn." 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. When I finally called the clerk of court, she had to do an extensive search to even find the citation because of the name issue. Sign upwith DoNotPay today to get started. 113. Last year I was pulled over in PA for doing 5 over. You won't find any red-tape or legal jargon on our site, just the answers you need in an easy-to-understand format. We have organized a statewide network of attorneys. 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. However, if you lose the case, you will have to pay the citation as well as added court fees. Steve Lehto is a writer andattorneyfrom Michigan. The question beyond that would be whether or not the officer's copy to be submitted to the court was the same. It is simply a promise that you will appear in court on the scheduled date. After all, the ticket is simply a description of a charge against you and a notice for you to appear and answer that charge. Check the date, time, and location of the ticket. 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. Copyright 2022, Thomson Reuters. Log-in to DoNotPay and go to the Ticket Disputes category. There isnt the additional information, like address, date of birth, ID number, etc. 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. kegman1 wrote: The time is wrong. 1 Answer | Asked in DUI / DWI and Traffic Tickets for Mississippi on Jul 24, 2022. 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. Having said that, the officer can still give you the right ticket within 30 days of the alleged offence, if he realizes his error. 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. All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay the ticket. Thus, while mistakes dont automatically help ones cause, they dont hurt either. Disclaimer: The information contained on this website and any linked resource is intended to provide general information about legal matters to the public and does not constitute legal advice and should not be treated as such. I received a ticket for not wearing my seat belt. To prove you were guilty of violating the law, all elements of the offense have to be met. 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. But receiving a citation that lists incorrect information can be even more frustrating. Well no signature means it is a fatal error. There are likely other ways to win or obtain a favorable result, however. If anyone has advice I'm all ears, Speeding Tickets, Traffic & Moving Violations, TheLaw.com has been providing free legal assistance online since 1995. 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. Thanks for the replies folks. Read along to discover how DoNotPay can help you fight your traffic ticket. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. Why Should You Hire a Speeding Ticket Attorney? Welcome to TheLaw.com! Many factors can affect the precision of these devices, for example: The frequency of maintenance of these devices can also affect their level of accuracy. Officer flagged me down in a speed trap, issued me the ticket and I was on my way. You can have better chances of fighting your citation if any of these factors influence your ticket. In that case, if that ticket was submitted to the system that way, then there is a chance it will go away. My inclination is to not respond and wait for the conviction notice. Clients ask if these things aren't Get Out Of Jail Free cards. Please take a moment and Register today! 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. Our most popular destinations for legal help are below. 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. This document is actually used to prosecute you, not the ticket. (g) In a county with a population of more than two million that does not have a county attorney, a complaint for an offense under Section 32.14, Penal Code, must be approved by the district attorney, regardless of whether a collection proceeding is initiated by the district attorney, Case Type (Select One)Traffic TicketCriminal Charge(s)Felony Charge(s)MisdemeanorDWIPersonal InjuryCar AccidentOther, Copyright 2023 | Beltz Law Firm - Dallas Attorneys | Privacy Policy | Terms & Conditions | Sitemap. New York Traffic Ticket Lawyers | Feifer & Greenberg. Though this could assist in getting the case dismissed, it is not as easy as one might think. You can't do traffic school as long as the citation is in your father's name. Privacy Policy. 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. Mistakes get made. Given the compounded errors, the Officer may not file the ticket with the court. Most of the things I've described above are merely clerical in nature. Crypto Your Privacy Choices: Opt Out of Sale/Targeted Ads. Terms of Service apply. Reddit and its partners use cookies and similar technologies to provide you with a better experience. That information must be transposed unto the formal complaint against you. 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. There is no Driver's license Number - it's blank. Let the officer use the wrong descriptions of the location, the violation or the identification of your vehicle to the court. Which laws were alleged to have been broken, The jurisdiction where you allegedly committed the offense, and. 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? The name is COMPLETELY wrong and bears absolutely no resemblance to my name. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. The judge will ask you if you would like to cross-examine. Obviously its not a big ticket. 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. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. by: ynotp on Sat Jan 07, 2017 8:47 pm. You will have a better chance of fighting and winning your citation if any of the mentioned factors affected your ticket. 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.
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