It really boils down to this: You get notice of the charges against you and the opportunity to dispute them. Many of these things are. This field is for validation purposes and should be left unchanged. What Is a Bench Warrant for Traffic Ticket? Log-in to DoNotPay and go to the Ticket Disputes category. Unread post Mistakes on traffic tickets occur when officers are in a hurry or absentmindedly jot down incorrect information. 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,. first results that came up brings up some inaccurate results. Hello, Im not resident of the US. Nothing presented on the website constitutes legal advice and shall not be relied upon in any way. >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. If he wrote for you to appear on the 14th when the court date was the 10th. 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. I received a ticket for not wearing my seat belt. 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. 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. 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 accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. 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 Name on traffic ticket is wrong I received a ticket for not wearing my seat belt. Youll receive an appeal letter that contains state vehicle codes to boost your case. If you are required to attend TVS, you must do so before the court-ordered completion date. You will have a better chance of fighting and winning your citation if any of the mentioned factors affected your ticket. What Is The Punishment Range For A State Jail Felony? General Talk - Discuss General Traffic Related Topics Here! While nobody enjoys paying a traffic ticket, DMV.ORG is here to make the process as pain-free as possible. Hey, he got the color of your car wrong. 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. Last year I was pulled over in PA for doing 5 over. 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. The ticket should list the fine amount, the alleged offense, and the summons date. 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. Under the description he listed "Improper Lane Usage" but the code actually referred to an "Improper Turn." New comments cannot be posted and votes cannot be cast. However, major errors such as the wrong statute is cited, the wrong highway is listed or your vehicle is radically misidentified are enough grounds to justify the dismissal of your ticket. So simply do not dispute the ticket or pay for the ticket - let the person identified in the ticket receive a notice of conviction. Or are the circumstances not crazy enough to warrant this and the judge will just amend it? 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. 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. There are unfortunate times when you get pulled over for speeding then get issued with a ticket. The only things that are correct is my car's license plate number. This is the worst mistake a driver can make. This site is protected by There are two main types of traffic ticket errors that you should always be on the lookout for: Minor traffic ticket errors are often not that serious and are easily fixable by the court. Mississippi Traffic Tickets Questions & Answers. The big issue is that you got someone elses ticket and possibly someone got yours! Mistakes on Traffic Tickets? If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation dismissed. All information available on our site is available on an "AS-IS" basis. 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. 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. That information must be transposed unto the formal complaint against you. However he issued the ticket under my father name, birthday and driver license number. Select the correct product based on your traffic ticket. No drivers licence number on a ticket is also not a fatal error. How a Police Officers Accident Report Affects Your Car Accident Case. and our 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. Which laws were alleged to have been broken, The jurisdiction where you allegedly committed the offense, and. 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. When that happens, you may have a chance of fighting the ticket or having traffic ticket lawyers do so for you. This really depends on the court and the prosecutor. If you feel you have been charged unfairly, simply. In all honesty, it means that fighting a traffic ticket is a lot more complex than it seems. In any case, we still do recommend looking over the ticket carefully. It's not brown, it's taupe! 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. Here's How to Challenge Them! I have heard of one or two extreme cases where massive errors on tickets apparently caused the tickets to go away. Your Privacy Choices: Opt Out of Sale/Targeted Ads. Parking tickets are issued to a vehicle, not a person. Well discuss our goals and objectives but no attorney can ever guarantee how a case will conclude. 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. They vary from state to state in form but they generally contain the same elements. Thus, while mistakes dont automatically help ones cause, they dont hurt either. Generally, the prosecutor must prove that you were driving in that location at that date and time. No drivers license also means it is a fatal error. Consider some of the information on a ticket issued for a moving violation. Think of it as an indictment based on the information contained in the ticket. about FindLaws newsletters, including our terms of use and privacy policy. wrong name on traffic ticket . by: OTD Legal on Thu Jan 05, 2017 4:32 pm. 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). it first needs to be corrected. Provide us with some details on why you believe the citation issued is a mistake. Further, prosecutors have the ability to amend defects in the complaint. Can A Court Charge A Defendant For An Officers Overtime For A Traffic Ticket? Note that signing the ticket does not mean that you admit guilt. We cant guarantee results. He also has apodcastwhere he talks about these things. mightymoose, May 28, 2010. Why Should You Hire a Speeding Ticket Attorney? 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. They aren't required on e-tickets. But that's not how it works. (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. Some common strategies include arguing: The Officer's Observations or Subjective Conclusions But simply put: Scrivener's errors what civilians call "typos" will not void your ticket. There is absolutely no point in arguing with the traffic officer. 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. 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. Dont even try to correct the errors of the officer instead, use these to your advantage. You can't do traffic school as long as the citation is in your father's name. Having said that, the officer can still give you the right ticket within 30 days of the alleged offence, if he realizes his error. 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, You may want to wait a week and a half from the offence date and call the court to see whether or not the ticket was filed by the police officer. by: jsherk on Thu Jan 05, 2017 5:29 pm. I'm thinking that the ticket that you got may have been someone else's ticket, and someone else may have your ticket. 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. Unread post Small mistakes leading to dismissal of the charges is simply another traffic court myth. Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend, Unread post The website is maintained for informational purposes only. Thanks for the replies folks. 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. (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. 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. All rights reserved. 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.