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. Why Should You Hire a Speeding Ticket Attorney? There has been a hot debate about the accuracy of radar guns and the cameras attached to the red lights. This site is protected by how did martin luther king jr change the world. >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. 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. 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. 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. 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. Still, this does not mean an automatic dismissal. Legal Disclaimer: The content appearing on our website is for general information purposes only. (b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made. They aren't required on e-tickets. The ticket should list the fine amount, the alleged offense, and the summons date. There isnt the additional information, like address, date of birth, ID number, etc. NO ATTORNEY-CLIENT RELATIONSHIP. In the past few years, the accuracy of radar guns and cameras attached to red lights have been hotly debated. Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. 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. Mind you, I never received any notices. about FindLaws newsletters, including our terms of use and privacy policy. Meeting with a lawyer can help you understand your options and how to best protect your rights. All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay the ticket. Officers are often in a hurry, and sometimes they fail to include all the information needed on a ticket. This document is actually used to prosecute you, not the ticket. Still, this does not mean an automatic dismissal. Even the smallest mistake can be grounds for dismissal, but it all comes down to what the judge determines. So there is a strategy and timing issue related to bringing up defects in tickets and complaints. Hiring an attorney does not mean it will automatically be dismissed either. I know there are some people who have never been ticketed but most of us have seen a citation or two. Aftermarket Parts Won't Void Your Warranty, A Traffic Ticket Won't Be Thrown Out Because the Cop Made a Typo. 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. 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? info@tickethelp.com. Privacy Policy. So simply do not dispute the ticket or pay for the ticket - let the person identified in the ticket receive a notice of conviction. He also has apodcastwhere he talks about these things. Just got a speeding ticket this morning. Provide us with some details on why you believe the citation issued is a mistake. Unlike a parking ticket, this type of error will NOT result in your case being dismissed. REQUISITES OF COMPLAINT. Please note that our website is an Attorney Advertisement. Small mistakes leading to dismissal of the charges is simply another traffic court myth. At my destination I checked my ticket out. The address is completely wrong (probably belongs to the name listed on the ticket), The birthdate is completely wrong (ditto from above), There is no signature on the electronic ticket. 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. When that happens, you may have a chance of fighting the ticket or having traffic ticket lawyers do so for you. (c) A complaint filed in municipal court must allege that the offense was committed in the territorial limits of the municipality in which the complaint is made. Having said that, the officer can still give you the right ticket within 30 days of the alleged offence, if he realizes his error. If you don't get it corrected then obviously your father will have a mess on his hands. You should contact a local traffic ticket lawyer to see if there are other possible ways to try to fight the ticket. Terms of Service apply. Home / Uncategorized / wrong name on traffic ticket. 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. Nothing presented on the website constitutes legal advice and shall not be relied upon in any way. The ticket has other identifying information, like your license number, your description, the car's plate number, etc. 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.". However he issued the ticket under my father name, birthday and driver license number. The content of this post is not legal advice. General Talk - Discuss General Traffic Related Topics Here! Thanks! The best we could determine was that the officer accidentally got his information from a previous traffic stop and handed it to this driver. So it seems we are not in the best case scenario: where the cop realized there was an error and did not file. that could be considered. There are so many myths about you being exempted from the case when errors are found in the speeding ticket Wrong. There is no Driver's license Number - it's blank. If you feel you have been charged unfairly, simply. What Is a Bench Warrant for Traffic Ticket? For more information, please see our You'd show up late but the court would probably forgive you since you had good cause. (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. I received traffic ticket, but my full name is XXXXX XXXXX wrong on it. 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. and. Anyway, if I plead not guilty and go to traffic court, is it likely to be dismissed? The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. Further, prosecutors have the ability to amend defects in the complaint. WHAT IS A TRAFFIC TICKET COMPLAINT? The name was so messed up I never received any notices about the ticket because they didnt deliver due to the wrong name. We will always honestly assess your case (both good and bad) and set realistic expectations during your consultation. All Rights Reserved. I spell my name "Steven" and the ticket reads "Stephen." 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,. Out-of-state Drivers With NY Traffic Ticket, New York Unsafe Lane Change Tickets Lawyer. Do you tell them immediately only to have them amend the defect? Blasphemy! Consider some of the information on a ticket issued for a moving violation. I let it sit for a year and never received any notices about it, whatsoever. Read along to discover how DoNotPay can help you fight your traffic ticket. Though this could assist in getting the case dismissed, it is not as easy as one might think. A mistake on the ticket does not change those facts. The name mistake was my last as my first, and my middle as my last and first as my middle. If anyone has advice I'm all ears, Speeding Tickets, Traffic & Moving Violations, TheLaw.com has been providing free legal assistance online since 1995. The following are examples of minor traffic ticket errors: Incorrect location Wrongly spelling the name of a location Wrong time Improper description of the vehicle The court can make amendments to a ticket that has minor mistakes. 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. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. 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 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. by: jsherk on Thu Jan 05, 2017 5:29 pm. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. Some common strategies include arguing: The Officer's Observations or Subjective Conclusions 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. Hello, Im not resident of the US. No drivers licence number on a ticket is also not a fatal error. Mistakes get made. The individual state traffic code or municipal code can be broken down into elements. It is not a substitute for professional legal assistance. 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. It enables us to help clients anywhere in New York State and in our opinion provide particularly effective and affordable representation for our clients. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. What happens when the police give you the wrong ticket? DoNotPay can help you contest traffic tickets in different cities, such as: DoNotPay has many other outstanding services to offer you, such as: And a lot more. While there are cases where this has been true in general this do not apply to the courts. Think of it as an indictment based on the information contained in 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. Under the description he listed "Improper Lane Usage" but the code actually referred to an "Improper Turn." 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. A slightly misspelled name or the wrong color car or a mistake with the address or other license info can easily be overlooked by a Judge because of the presence of all the other information. 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. When an officer pulls you over to issue a traffic ticket, you may be upset. 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. It's not brown, it's taupe! A Court/Prosecutor/Judge can be satisfied, even in the face of certain minor errors, that the person with the ticket in their hand is the person who was observed driving and allegedly committing the violation in question. 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. The myth likely comes from parking tickets where small errors on the ticket are much more damaging. Minor mistakes on your traffic ticket are unlikely to merit dismissing the charge. If the conviction notice comes in then I know they got my address right and the cop fixed the errors? 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. Choose Your State. Chances are that if a traffic ticket has errors,the citation can be overturned or dismissed with the help of a traffic lawyer. This really depends on the court and the prosecutor. There are unfortunate times when you get pulled over for speeding then get issued with a ticket. Nothing appearing on this site shall be considered legal advice and is presented only as a general statement of the law. The officer has until the time of trial to amend the ticket. Okay so Ive read a bunch of these but a lot of the name issues were a simple typo. How to Supercharge the Air Going Into Your Engine, The CT4-V Blackwing Is One of the All-Time Greats, Watch This Abandoned E39 M5 Get an AMMO NYC Detail, VW Dealer Apologizes for Slurs on Oil Stickers, Four Ferraris Stolen From New York Service Center, Avoid Getting Ripped Off When You Buy a Used Car, The Sad Story of the Tucker 48 Killed in a Fire, What to Know When Shopping at a Car Dealer, Tucker Designed the World's Most Radical Pickup. My inclination is to not respond and wait for the conviction notice. The only things that are correct is my car's license plate number. You will have a better chance of fighting and winning your citation if any of the mentioned factors affected your ticket. 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. If it was the other way around he wrote the 10th but you were not due until the 14th, you'd show up early. It is possible that the law may not apply to you and may have changed from the time a post was made. All you need to do is prove the listed automobile is not your vehicle by providing documented proof of the correct info. Ask a Question About Traffic Violations in Our Community Forum (FindLaw Answers). Select whether or not you want the letter mailed to the traffic ticket issuer on your behalf! The use of the website does not create an attorney-client relationship. It outlines specifically what the prosecutor intends to prove at trial. 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. Crypto If it's incorrect or only has what speed you were going, it could get your case dismissed. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. However, there may be some cases in which traffic ticket mistakes can help in your defense. There are, however, some mistakes that are fatal errors and can have your traffic ticket thrown out if handled in the proper manner at trial, some of which include the following: No accused's name on the traffic ticket at all Incorrect fine or total payable recorded on the traffic ticket The offence not properly listed on the traffic ticket Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. No drivers license also means it is a fatal error. Wrong Summons Date A traffic citation is essentially a summons that requires you to appear in court to answer for your violation. The police officer instead of my first and last names wrote the name of my city. 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. You have to request a copy of the complaint. Examining Your Ticket. So start with the complaint and compare to the ticket. Lets say you were driving a black Ford Escape then the office has put down on the ticket a black Ford Expedition this wont still be enough justification to dismiss the ticket. Was there more than one person pulled over at the same time as you? 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. Generally, the prosecutor must prove that you were driving in that location at that date and time. Additionally, you signed the bottom of the ticket agreeing to come to court. 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. (d) A complaint may be sworn to before any officer authorized to administer oaths. Users of the website should not act, or decline to act, based on information or content from this website. Here's How to Challenge Them! Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend, Unread post If you decide to hire a traffic lawyer, you should be prepared to part with a lot of money in legal 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, Doing this will have your traffic ticket held as confidential information. I would guess the officer mixed up the drivers. The question beyond that would be whether or not the officer's copy to be submitted to the court was the same. Please take a moment and Register today! All rights reserved. Like where an officer wrote the wrong name, address, license number and car description all on the same ticket. Clients ask if these things aren't Get Out Of Jail Free cards. We do not recommend that anyone substitute anything they read or learn on the internet for personal legal advice from competent legal counsel. 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. 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. Also, when a mistake is brought to the court's attention, the prosecutor can simply move . 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. Even if the current NY traffic tickets arent particularly harmful, you have an incentive to keep your record clean for the future. Read or contribute to the latest legal news in. Thats it! He knocked me down to 10km over. The problem is that you cannot retain us to fight a ticket issued in someone else's name. When this happens, you may have a golden opportunity to contest the ticket, even when you were in the wrong. 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. Many of these things are. and our Dont even try to correct the errors of the officer instead, use these to your advantage. first results that came up brings up some inaccurate results. 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.

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