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. If anyone has advice I'm all ears, Speeding Tickets, Traffic & Moving Violations, TheLaw.com has been providing free legal assistance online since 1995. Choose Your State. So, in 24 years of practicing law I have handled several hundred traffic tickets. When this happens, you may have a golden opportunity to contest the ticket, even when you were in the wrong. info@tickethelp.com. When to Fight a Traffic Ticket | DMV.ORG Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend, Unread post This field is for validation purposes and should be left unchanged. Feel free to call us for a free consultation at 212-683-7373 to discuss. Unlike a parking ticket, this type of error will NOT result in your case being dismissed. The individual state traffic code or municipal code can be broken down into elements. Can a speeding ticket be dismissed if the wrong date of birth is - Avvo There are unfortunate times when you get pulled over for speeding then get issued with a ticket. All information available on our site is available on an "AS-IS" basis. Let the officer use the wrong descriptions of the location, the violation or the identification of your vehicle to the court. define('DISALLOW_FILE_EDIT', true); The myth likely comes from parking tickets where small errors on the ticket are much more damaging. When an officer pulls you over to issue a traffic ticket, you may be upset. I received a ticket for not wearing my seat belt. what should i do in this case? By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Doing this will have your traffic ticket held as confidential information. (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. If you feel you have been charged unfairly, simply. 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. 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. It is simply a promise that you will appear in court on the scheduled date. 0 found this answer helpful | 0 lawyers agree If it was the other way around he wrote the 10th but you were not due until the 14th, you'd show up early. 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. ** <<, Beat a Speeding Ticket powered by Expert WordPress | Sitemap. The big issue is that you got someone elses ticket and possibly someone got yours! Legal Corner: If my name is misspelled on a traffic ticket, is - KPLC Mistakes on Traffic Tickets? Here's How to Challenge Them! 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. Incorrect Information On Your Speeding Ticket - Streetdirectory.com More than the citation that you received, the complaint is what holds a little more merit in court. Do you tell them immediately only to have them amend the defect? Still, this does not mean an automatic dismissal. 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. First speeding ticket - what is the best option. Can A Court Charge A Defendant For An Officers Overtime For A Traffic Ticket? Or do you wait until trial so that they cannot fix it? Issued ticket with wrong name, address, driver's license number - Avvo 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. Article 45.019 outlines what a complaint must contain. The only possible way this could matter is if the officer wrote the wrong appearance date on the ticket. >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. In most states, a traffic ticket is simply a summons for you to appear in court for your offense. Last year I was pulled over in PA for doing 5 over. It enables us to help clients anywhere in New York State and in our opinion provide particularly effective and affordable representation for our clients. When and where you must appear to contest your ticket. We fight these types of cases in New York all the time so we'd be happy to help. Reddit and its partners use cookies and similar technologies to provide you with a better experience. We do not recommend that anyone substitute anything they read or learn on the internet for personal legal advice from competent legal counsel. Towing people on toboggans, bicycles, skis, etc. Please note that our website is an Attorney Advertisement. Multiple small mistakes can make such an argument even more likely to succeed. Additionally, you signed the bottom of the ticket agreeing to come to court. Thanks for any help. Wrong Name, Wrong Address, Wrong Gender, No Dl# On Ticket If the ticket has not been filed at that time, wait another week to call a second time. 1. 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. about FindLaws newsletters, including our terms of use and privacy policy. I'm interested to see a ticket with so many errors on it! first results that came up brings up some inaccurate results. 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. If you are looking for more information, please select the county you live in. They don't really harm you in any way. Meeting with a lawyer can help you understand your options and how to best protect your rights. Best case is the officer does not file the tickets and/or the JP notices the errors and quashes them. Welcome to TheLaw.com! It only takes a minute to, (You must log in or sign up to reply here.). The question beyond that would be whether or not the officer's copy to be submitted to the court was the same. The problem is that you cannot retain us to fight a ticket issued in someone else's name. How to Get a Traffic Ticket Dismissed: Proven Ways in 2021 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. 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. If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. Name on traffic ticket is wrong : r/answers - reddit Cookie Notice Failing to stop at a pedestrian crossing, Reversing on a divided high-speed road, Driver failing to ensure that a passenger less than 23 kg is properly secured, Driver failing to ensure that a passenger under 16 years is wearing a seat belt, Driver failing to ensure infant/child passenger is properly secured, Exceeding the speed limit by 16 to 29 km/h, Driving through, around or under a railway crossing barrier, Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal, Failing to obey the directions of a police officer, Driving the wrong way on a divided road, Failing to report a collision to a police officer, Improper driving when road is divided into lanes, Going the wrong way on a one-way road, Driving or operating a vehicle on a closed road, Crossing a divided road where no proper crossing is provided, Failing to slow and carefully pass a stopped emergency vehicle, Failing to move, where possible, into another lane when passing a stopped emergency vehicle, Improper use of high occupancy vehicle lane, Motor vehicle equipped with or carrying a speed measuring warning device, Exceeding the speed limit by 30 to 49 km/h, Driver of a bus failing to stop at an unprotected railway crossing, Exceeding the speed limit by 50 km/h or more, Failing to remain at the scene of a collision, Failing to stop when signaled/requested by a police officer, Police Firearms and Less-Lethal Equipment, Other Ontario Provincial Acts Related to Traffic, Commercial Vehicle Safety Alliance (CVSA), Newfoundland And Labrador: Highway Traffic Act, Northwest Territories: Motor Vehicles Act, Prince Edward Island: Highway Traffic Act, PART 4: Licences - Driver, Driving Instructor, Wrong Name, Wrong Address, Wrong Gender, No Dl# On Ticket, Re: Wrong Name, Wrong Address, Wrong Gender, No Dl# On Ticke. If so, you're on the hook. How else would you give someone a ticket who has never had a licence? Multiple small mistakes can make such an argument even more likely to succeed. If you want to legally beat each and every ticket you ever get make sure to check out the beat the system guide. Lets review what a complaintis and what it must have. If you decide to hire a traffic lawyer, you should be prepared to part with a lot of money in legal fees. Incorrect Details on Your Ticket Before you do anything else, take a close look at the citation you were given by the officer. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. 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. How can our traffic ticket lawyers help you? The citation has to provide: Location of the offense committed Offense being charged Venue (i.e. Privacy Policy. For more information, please see our In any case, we still do recommend looking over the ticket carefully. wrong name on traffic ticket - kestonrocks.com by: Whenaxis on Sat Jan 07, 2017 5:43 pm. My inclination is to not respond and wait for the conviction notice. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. Or are the circumstances not crazy enough to warrant this and the judge will just amend it? New ticket scams target drivers throughout the United States, capturing personal information, stealing money and identities, and installing viruses and malware. Speeding Problems and Speeding Ticket Insurance. Nevertheless, the good news is that there is a cheaper and less stressful option to contest your case. The ticket should list the fine amount, the alleged offense, and the summons date. 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. Paying Your Traffic Ticket | DMV.ORG Although my legal specialty is Lemon Law, I get a lot of phone calls about traffic tickets. Our experts have carefully reviewed each state's regulations to create a step-by-step guide to the . I will wait and see and update the thread when this resolves one way or the other. I have even seen traffic tickets where the officer wrote the wrong citation number for the accused violation. Ticket scams prey on fear. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. Your name, date of birth, address, license number, and vehicle make, model, color and plate, etc. Most of the things I've described above are merely clerical in nature. Your Privacy Choices: Opt Out of Sale/Targeted Ads. Mind you, I never received any notices. Mississippi Traffic Tickets Questions & Answers - Justia Ask a Lawyer For more issues related to traffic ticket defensesclick the preceding link. The officer has until the time of trial to amend the ticket. 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. Should I just pay my ticket or should I fight? Anyway, if I plead not guilty and go to traffic court, is it likely to be dismissed? It would be best to let DoNotPay help you with your traffic offense today. Why Should You Hire a Speeding Ticket Attorney? Hiring an attorney does not mean it will automatically be dismissed either. 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. 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. Having said that, the officer can still give you the right ticket within 30 days of the alleged offence, if he realizes his error. 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. Think of it as an indictment based on the information contained in the ticket. Traffic Tickets | DMV.com We reserve the right to modify these terms at any time. GameStop Moderna Pfizer Johnson & Johnson AstraZeneca Walgreens Best Buy Novavax SpaceX Tesla. Fatal error? This is one argument you will never win. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. But that's not how it works. code or county). 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, Generally, the prosecutor must prove that you were driving in that location at that date and time. 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. CA Man Fights Traffic Ticket with Physics, How to Fight Traffic Tickets, Five Strategies that Work, Browse Traffic Ticket Lawyers by Location. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. They would then reschedule you for a later date. That information must be transposed unto the formal complaint against you. (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. All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay the ticket. (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. Thus, while mistakes dont automatically help ones cause, they dont hurt either. Users of the website should not act, or decline to act, based on information or content from this website. It is not a substitute for professional legal assistance. mightymoose, May 28, 2010. wrong name on traffic 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. Wrong name on the traffic citation TheLaw.com