First of all, the officer should mention the location of offense in direct arguments. These are legal proceedings and we cant promise you that every case will end in our favor. It does certainly sound like there was a problem with the copy of the ticket that you received. Until a signed representation and fee agreement and acceptance of the terms and conditions here and required payment is received and written confirmation from us, there shall be no attorney-client relationship created. Examining Your Ticket. Look out for your traffic ticket issuer's response to discover whether you won. Contact us. You will need to show up to court and explain it, and in doing so ask for traffic school. Our experts have carefully reviewed each state's regulations to create a step-by-step guide to the . "Sorry, come back in 4 days.". 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. Consider some of the information on a ticket issued for a moving violation. >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. Searching for the term what makes a citation invalid and clicking on one of the first results that came up brings up some inaccurate results. The ticket has other identifying information, like your license number, your description, the car's plate number, etc. 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. Convictions quickly lead to surcharges, insurance increases and other complications. Here's How to Challenge Them! Or, he transposes a few digits of your driver's license. It's not brown, it's taupe! While there are cases where this has been true in general this do not apply to the courts. When a defendant shows up in court for a traffic ticket, he or she can complain about the mistaken ticket. 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. WHAT IS A TRAFFIC TICKET COMPLAINT? While nobody enjoys paying a traffic ticket, DMV.ORG is here to make the process as pain-free as possible. If you feel you have been charged unfairly, simply. It is not a substitute for professional legal assistance. And one of the most common questions I get asked during the first phone call is, "If the officer made a mistake on my ticket, will it get thrown out?" Log-in to DoNotPay and go to the Ticket Disputes category. The officer has until the time of trial to amend the ticket. (d) A complaint may be sworn to before any officer authorized to administer oaths. But if he does, the mistake on the ticket won't save 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. So start with the complaint and compare to the ticket. The citation has to provide: Location of the offense committed Offense being charged Venue (i.e. 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). kegman1 wrote: The time is wrong. Many of these things are. and our Youll receive an appeal letter that contains state vehicle codes to boost your case. Mistakes get made. All rights reserved. You can't do traffic school as long as the citation is in your father's name. It outlines specifically what the prosecutor intends to prove at trial. That said, proving this in court is hard. Thanks for any help. Still, this does not mean an automatic dismissal. When this happens, you may have a golden opportunity to contest the ticket, even when you were in the wrong. The system is able to look up the ticket by the ticket number and location codes (whereas I was not able to before). Towing people on toboggans, bicycles, skis, etc. 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. If you are looking for more information, please select the county you live in. Check the date, time, and location of the ticket. But that's not how it works. If the ticket has not been filed at that time, wait another week to call a second time. If this happens, and you get notice of a conviction in the mail, then you can file an appeal. 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. So there is a strategy and timing issue related to bringing up defects in tickets and complaints. i want to know if we could have the ticket dismissed because he has the wrong driver behind the wheel More Last year I was pulled over in PA for doing 5 over. But if it was cited on the ticket that you were driving a white GMC 1500 pickup, then without any reasonable doubt your charge will be dismissed. Cop wrote 99km/h over 60km/h but was wrong. When and where you must appear to contest your ticket. Still, this does not mean an automatic dismissal. If the traffic ticket has incorrect documentation of the make and model of the car, then the citation could be dismissed in court. by: jsherk on Thu Jan 05, 2017 5:29 pm. Is this ticket valid? If you are required to attend TVS, you must do so before the court-ordered completion date. For this reason, it is crucial that you do your best to win your traffic case. Like where an officer wrote the wrong name, address, license number and car description all on the same ticket. Feifer & Greenberg, LLP, 15 Maiden Lane, Suite 1208, New York, NY 10038, (888) 842-5384. Small mistakes leading to dismissal of the charges is simply another traffic court myth. All information available on our site is available on an "AS-IS" basis. The best we could determine was that the officer accidentally got his information from a previous traffic stop and handed it to this driver. 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. 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 want to legally beat each and every ticket you ever get make sure to check out the beat the system guide. 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. Multiple small mistakes can make such an argument even more likely to succeed. My question is could I have this ticket dismissed based on the fact that the deputy issued it to the wrong person (who was not in the truck at the time of the incident) As well as have it dismissed for failure of the deputy to not try to amend this issue before it had to be brought to court. 1. So, in 24 years of practicing law I have handled several hundred traffic tickets. Further, prosecutors have the ability to amend defects in the complaint. Minor mistakes on your traffic ticket are unlikely to merit dismissing the charge. The purpose of the ticket is only to offer information regarding the offense. 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. Thus, while mistakes dont automatically help ones cause, they dont hurt either. All Rights Reserved. What is considered Actual Possession For Criminal Cases In Texas? We do not recommend that anyone substitute anything they read or learn on the internet for personal legal advice from competent legal counsel. Most of the things I've described above are merely clerical in nature. Heres the fact it rarely happens that courts excuse minor mistakes on a ticket. Fatal Traffic Errors These are the types of traffic ticket mistakes that may or should get the ticket canceled. The law is also subject to change from time to time and legal statutes and regulations vary between states. The ticket should list the fine amount, the alleged offense, and the summons date. Court Allows Amendment of Ticket Citing Wrong Code Section If anyone has advice I'm all ears, Speeding Tickets, Traffic & Moving Violations, TheLaw.com has been providing free legal assistance online since 1995. Anyway, if I plead not guilty and go to traffic court, is it likely to be dismissed? Aftermarket Parts Won't Void Your Warranty, A Traffic Ticket Won't Be Thrown Out Because the Cop Made a Typo. I spell my name "Steven" and the ticket reads "Stephen." Mind you, I never received any notices. 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. Copyright 2022, Thomson Reuters. The only things that are correct is my car's license plate number. I let it sit for a year and never received any notices about it, whatsoever. Mistakes on Traffic Tickets: License to Dismiss? How a Police Officers Accident Report Affects Your Car Accident Case. We have helped over 300,000 people with their problems. 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. Doing this will have your traffic ticket held as confidential information. (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. This field is for validation purposes and should be left unchanged. At my destination I checked my ticket out. 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, 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. mightymoose, May 28, 2010. Meeting with a lawyer can help you understand your options and how to best protect your rights. I would imagine that somebody else got a ticket with your information on it and you got theirs. We fight these types of cases in New York all the time so we'd be happy to help. 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. At most times, officers are often in a hurry and may fail to record all the required information. He also has apodcastwhere he talks about these things. Here are three common errors to look for. There isnt the additional information, like address, date of birth, ID number, etc. Unread post Learn more Or are the circumstances not crazy enough to warrant this and the judge will just amend it? For more issues related to traffic ticket defensesclick the preceding link. This document is actually used to prosecute you, not the ticket. Welcome to TheLaw.com! It only takes a minute to, (You must log in or sign up to reply here.). by: Whenaxis on Sat Jan 07, 2017 5:43 pm. Thanks for the replies folks. Sign upwith DoNotPay today to get started. 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. New comments cannot be posted and votes cannot be cast. After all, the ticket is simply a description of a charge against you and a notice for you to appear and answer that charge. WE ARE OPEN and closely monitoring the court closures and COVID-19 situation. wrong name on traffic ticket . info@tickethelp.com. Thanks! In any case, we still do recommend looking over the ticket carefully. In that case, if that ticket was submitted to the system that way, then there is a chance it will go away. This is one argument you will never win. Or do you wait until trial so that they cannot fix it? Cookie Notice 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. The driver will need to provide proof of the correct information via official documentation from the Department of Motor Vehicles. 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. 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. Unread post Some common strategies include arguing: The Officer's Observations or Subjective Conclusions 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. They aren't required on e-tickets. When an officer pulls you over to issue a traffic ticket, you may be upset. The website is maintained for informational purposes only. The question beyond that would be whether or not the officer's copy to be submitted to the court was the same. Can you post a photo of your ticket? A place to discuss any general Highway Traffic Act related items. 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. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. 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. by: kegman1 on Thu Jan 05, 2017 9:43 pm. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. Though this could assist in getting the case dismissed, it is not as easy as one might think. No drivers licence number on a ticket is also not a fatal error. 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. 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. What Is a Bench Warrant for Traffic Ticket? Name Wrong On Speeding Ticket What to do. If it's incorrect or only has what speed you were going, it could get your case dismissed. 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. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. We will always honestly assess your case (both good and bad) and set realistic expectations during your consultation. Article 45.019 outlines what a complaint must contain. It is simply a promise that you will appear in court on the scheduled date. 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. 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. code or county). 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. Best case is the officer does not file the tickets and/or the JP notices the errors and quashes them. Blasphemy! It really boils down to this: You get notice of the charges against you and the opportunity to dispute them. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. More than the citation that you received, the complaint is what holds a little more merit in court. I will wait and see and update the thread when this resolves one way or the other. If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation dismissed. It is not typically considered evidence that calls into question the credibility of the officer who pulled you over. I know there are some people who have never been ticketed but most of us have seen a citation or two. Visit our attorney directory to find a lawyer near you who can help. Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend, Unread post Officer flagged me down in a speed trap, issued me the ticket and I was on my way. Under the description he listed "Improper Lane Usage" but the code actually referred to an "Improper Turn." Our most popular destinations for legal help are below. All you need to do is prove the listed automobile is not your vehicle by providing documented proof of the correct info. Exceeding the speed limit by 16 to 29 km/h, Ticket not showing up online ticket search need some recommendation. 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. I have even seen traffic tickets where the officer wrote the wrong citation number for the accused violation. Incorrect Law Cited 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). Terms of Service apply. (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. 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. You won't find any red-tape or legal jargon on our site, just the answers you need in an easy-to-understand format. 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. He knocked me down to 10km over. You should therefore check periodically for changes. Officers often make errors on speeding tickets when they hurriedly or absentmindedly write the ticket. by: Decatur on Thu Jan 05, 2017 10:48 pm, No signature on an electronic ticket is not a fatal error. reCAPTCHA and the Google Privacy Policy and Let the officer use the wrong descriptions of the location, the violation or the identification of your vehicle to the court. PREMIUM. 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. Mistakes on Traffic Tickets? We have had plenty of prosecutors say, Ill just dismiss this case and refile a proper complaint if you force me to dismiss based on a bad ticket/complaint. This is perfectly within their right as well. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. If there is any incorrect information on the ticket, you'll probably be able to get it dismissed. Does your ticket do these things? They would then reschedule you for a later date. 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. A minor error, such as a misspelled last name, will generally not result in the traffic ticket being dismissed. Unread post Is It Legal To Obscure Your License Plate? The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. If you disagree with any part of this disclaimer, do not use our website. 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. 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 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. 1 Answer | Asked in DUI / DWI and Traffic Tickets for Mississippi on Jul 24, 2022. They vary from state to state in form but they generally contain the same elements. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. Speeding Problems and Speeding Ticket Insurance. (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. 113. Hiring an attorney does not mean it will automatically be dismissed either. Of course, there are other errors that may occur on your speeding ticket. 1995 - 2019 TheLaw.com LLC. It takes decades to gain the knowledge on how to fight defects in traffic tickets and complaints in Texas. In the past few years, the accuracy of radar guns and cameras attached to red lights have been hotly debated. There is no Driver's license Number - it's blank. No drivers license also means it is a fatal error. 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. I have heard of one or two extreme cases where massive errors on tickets apparently caused the tickets to go away. 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. Dont even try to correct the errors of the officer instead, use these to your advantage. Your office is in NYC. Should I just pay my ticket or should I fight? 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. You will have a better chance of fighting and winning your citation if any of the mentioned factors affected your ticket. Users of the website should not act, or decline to act, based on information or content from this website. 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. Okay so Ive read a bunch of these but a lot of the name issues were a simple typo. 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. 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. The ticket is used to complete this document. I would guess the officer mixed up the drivers. If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. If he wrote for you to appear on the 14th when the court date was the 10th. The name is COMPLETELY wrong and bears absolutely no resemblance to my name. Users browsing this forum: No registered users and 3 guests. Worse still, refusing to sign the ticket could have you taken to the station. For more issues related to traffic ticket defenses. This really depends on the court and the prosecutor. Please take a moment and Register today! The judge will ask you if you would like to cross-examine. What's the Fine for Disobeying a Traffic Control Device in NY? Business, Economics, and Finance. Blog New York Traffic Ticket Lawyers | Feifer & Greenberg. 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. 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, My inclination is to not respond and wait for the conviction notice. If you decide to hire a traffic lawyer, you should be prepared to part with a lot of money in legal fees.