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. 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 is absolutely no point in arguing with the traffic officer. Can A Court Charge A Defendant For An Officers Overtime For A Traffic Ticket? WRONG INFORMATION ON A TRAFFIC TICKET - Beltz Law Firm The name mistake was my last as my first, and my middle as my last and first as my middle. I received traffic ticket, but my full name is XXXXX XXXXX wrong on it. For more issues related to traffic ticket defenses. Towing people on toboggans, bicycles, skis, etc. Even the smallest mistake can be grounds for dismissal, but it all comes down to what the judge determines. Mistakes on Traffic Tickets? Here's How to Challenge Them! By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Still, this does not mean an automatic dismissal. But that's not how it works. Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. It's that simple! We recommend fighting almost all tickets. To prove you were guilty of violating the law, all elements of the offense have to be met. 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. 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. Please take a moment and Register today! Select the correct product based on your traffic ticket. I would imagine that somebody else got a ticket with your information on it and you got theirs. It is not a substitute for professional legal assistance. Given the compounded errors, the Officer may not file the ticket with the court. And the court can usually amend the ticket that is, simply correct it. Should I just pay my ticket or should I fight? wrong name on traffic ticket . All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay the ticket. I have even seen traffic tickets where the officer wrote the wrong citation number for the accused violation. Speeding Problems and Speeding Ticket Insurance. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. (d) A complaint may be sworn to before any officer authorized to administer oaths. The individual state traffic code or municipal code can be broken down into elements. 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. While nobody enjoys paying a traffic ticket, DMV.ORG is here to make the process as pain-free as possible. Do you tell them immediately only to have them amend the defect? But if he does, the mistake on the ticket won't save you. How to Dispute a Traffic Camera Ticket: 15 Steps (with Pictures) - wikiHow WHAT IS A TRAFFIC TICKET COMPLAINT? We may earn money from the links on this page. The judge will ask you if you would like to cross-examine. I guess people think "car lawyers" should handle tickets too. We do not recommend that anyone substitute anything they read or learn on the internet for personal legal advice from competent legal counsel. Dont even try to correct the errors of the officer instead, use these to your advantage. That information must be transposed unto the formal complaint against you. (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. 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. James Medows 306 Atlantic Avenue, Brooklyn, NY 11201 Email: jamesmedows@gmail.com Phone: (917) 856-1247 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. If you disagree with any part of this disclaimer, do not use our website. Worst case is that you are "deemed not to dispute the ticket" and are found guilty. The name is COMPLETELY wrong and bears absolutely no resemblance to my name. We can only guarantee that we will provide the best possible client service and legal representation. 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. and on the ticket they only have correct number of my driving license, which is from my own country, and it's not the US. 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. You will need a competent and experienced traffic attorney to represent you in court. Sign upwith DoNotPay today to get started. Please note that our website is an Attorney Advertisement. How can our traffic ticket lawyers help you? Somewhere around the middle there is a section covering errors on a citation. How to Handle a Mistake on Your Traffic Ticket - Road & Track by: Decatur on Thu Jan 05, 2017 10:48 pm, No signature on an electronic ticket is not a fatal error. Privacy Policy. They vary from state to state in form but they generally contain the same elements. wrong name on my traffic ticket - justanswer.com 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. 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. The transmission of information via the website does not create an attorney-client relationship between you and The Ticket Clinic, A Law Firm. 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, 0 found this answer helpful | 0 lawyers agree When this happens, you may have a golden opportunity to contest the ticket, even when you were in the wrong. Which laws were alleged to have been broken, The jurisdiction where you allegedly committed the offense, and. Blog If so, you're on the hook. If you decide to hire a traffic lawyer, you should be prepared to part with a lot of money in legal fees. Under the description he listed "Improper Lane Usage" but the code actually referred to an "Improper Turn." Unread post 45.019. Generally, the prosecutor must prove that you were driving in that location at that date and time. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. CA Man Fights Traffic Ticket with Physics, How to Fight Traffic Tickets, Five Strategies that Work, Browse Traffic Ticket Lawyers by Location. 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. If the vehicle is not identified exactly, then there will be legitimate questions about the ticket itself and which car was allegedly parked improperly. I received a ticket for not wearing my seat belt. Steve Lehto is a writer andattorneyfrom Michigan. wrong name on traffic ticket - kestonrocks.com Although my legal specialty is Lemon Law, I get a lot of phone calls about traffic tickets. In most states, a traffic ticket is simply a summons for you to appear in court for your offense. how did martin luther king jr change the world. 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. NY traffic ticket errors | Mistakes on my traffic ticket | New York When to Fight a Traffic Ticket | DMV.ORG 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. A minor error, such as a misspelled last name, will generally not result in the traffic ticket being dismissed. >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. Further, prosecutors have the ability to amend defects in the complaint. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. 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. Even if the make and color of your incorrect, the ticket would still hold up in court. Welcome to TheLaw.com! Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend, Unread post If the defect is jurisdictional or based on constitutional violations and you do not bring up the issue, you can also waive your right to bring up the defect. 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. If a cop makes a mistake writing your ticket, you are most definitely not off the hook. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. The content is not guaranteed to be correct, complete, or up-to-date. Even if the current NY traffic tickets arent particularly harmful, you have an incentive to keep your record clean for the future. The opening phrase we often hear from clients is, I got a ticket and the officer wrote down the wrong informationso I want the ticket dismissed. That question is what drives this thread Does wrong information on the ticket get my case automatically dismissed? So there is a strategy and timing issue related to bringing up defects in tickets and complaints. Thats it! about FindLaws newsletters, including our terms of use and privacy policy. First of all, the officer should mention the location of offense in direct arguments. Remember your lawyer is not a magician and for every legal argument made on your behalf, there is usually an equally compelling counter-argument that is presented to the judge by the prosecutor. Nothing appearing on this site shall be considered legal advice and is presented only as a general statement of the law. Is It Legal To Obscure Your License Plate? 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). Worse still, refusing to sign the ticket could have you taken to the station. Traffic Tickets | DMV.com by: kegman1 on Thu Jan 05, 2017 9:43 pm. It is possible that the law may not apply to you and may have changed from the time a post was made. Reddit and its partners use cookies and similar technologies to provide you with a better experience. You can't do traffic school as long as the citation is in your father's name. It's not brown, it's taupe! Heres the fact it rarely happens that courts excuse minor mistakes on a ticket. Road & Track participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites. All rights reserved. Copyright 2021 The Ticket Clinic. Or are the circumstances not crazy enough to warrant this and the judge will just amend it? 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 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. Leave it out and still sign the ticket. At most times, officers are often in a hurry and may fail to record all the required information. If this happens, and you get notice of a conviction in the mail, then you can file an appeal. Aftermarket Parts Won't Void Your Warranty, A Traffic Ticket Won't Be Thrown Out Because the Cop Made a Typo. The ticket should list the fine amount, the alleged offense, and the summons date. If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation dismissed. 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. It is simply a promise that you will appear in court on the scheduled date. This site is protected by define('DISALLOW_FILE_EDIT', true); 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. Minor mistakes on your traffic ticket are unlikely to merit dismissing the charge. Parking tickets are issued to a vehicle, not a person. I'm thinking that the ticket that you got may have been someone else's ticket, and someone else may have your ticket. The big issue is that you got someone elses ticket and possibly someone got yours! Contact us. What Is The Punishment Range For A State Jail Felony? This field is for validation purposes and should be left unchanged. code or county). If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. Of course, there are other errors that may occur on your speeding ticket. Thus, while mistakes dont automatically help ones cause, they dont hurt either. Business, Economics, and Finance. 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. 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. mightymoose, May 28, 2010. 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. You should therefore check periodically for changes. In any case, we still do recommend looking over the ticket carefully. 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. Though this could assist in getting the case dismissed, it is not as easy as one might think. (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. Thanks! The ticket has other identifying information, like your license number, your description, the car's plate number, etc. ", Professional Drivers & Fleet Services Division. 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. Here are some common examples of citation mistakes: If an officer issued you a ticket with an erroneous summons date, and you fail to appear on time, you can appear on the erroneous date and have the judge find the mistake to be "good cause" for your failure to appear. what should i do in this case? Why Should You Hire a Speeding Ticket Attorney? Consider some of the information on a ticket issued for a moving violation. i want to know if we could have the ticket dismissed because he has the wrong driver behind the wheel More 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. Our most popular destinations for legal help are below. Can an Ohio Traffic Ticket Be Dismissed If It States the Wrong Code Your office is in NYC. We fight these types of cases in New York all the time so we'd be happy to help. It enables us to help clients anywhere in New York State and in our opinion provide particularly effective and affordable representation for our clients. 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. 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. Unread post Sorry but it's true. Was there more than one person pulled over at the same time as you? If he wrote for you to appear on the 14th when the court date was the 10th. Wrong Summons Date A traffic citation is essentially a summons that requires you to appear in court to answer for your violation. the cop wrote the wrong street name on a ticket. Can I get it - Quora A Notice to Owner letter must be sent within six months of the ticket being issued, and needs to include: The name of the authority enforcing the ticket; The date of the notice (the date on which the letter was posted), as well as the date on which the alleged offence was committed; The amount of the fine; The reason for issuing the ticket The directive also allows the enforcement of foreign . Name Wrong On Speeding Ticket What to do. by: kegman1 on Sat Jan 07, 2017 4:20 pm. You won't find any red-tape or legal jargon on our site, just the answers you need in an easy-to-understand format. Users browsing this forum: No registered users and 3 guests. Name on traffic ticket is wrong : r/answers - reddit It only takes a minute to, (You must log in or sign up to reply here.). 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. kegman1 wrote: The time is wrong. Ticket scams prey on fear. Mind you, I never received any notices. If it's incorrect or only has what speed you were going, it could get your case dismissed. and. How to Dispute Alabama Traffic Tickets From Your Phone, How to Contest Your LA Traffic Tickets and Win, How to Dispute NYC Traffic Tickets In 5 Easy Steps, What Happens If You Plead Not Guilty to a Traffic Ticket, The Fastest Way to Expunge Your Traffic Ticket. When an officer pulls you over to issue a traffic ticket, you may be upset. If a police officer enters the wrong name on a speeding ticket - Avvo 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. The myth likely comes from parking tickets where small errors on the ticket are much more damaging. Name Wrong On Speeding Ticket - What to do? +++ This is not legal advice, only my opinion +++. 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? Choose Your State. All information available on our site is available on an "AS-IS" basis. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. First speeding ticket - what is the best option. So what I would do is NOT respond at all. (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. There are likely other ways to win or obtain a favorable result, however. (b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made. Mistakes on Traffic Tickets: License to Dismiss? So, in 24 years of practicing law I have handled several hundred traffic tickets. Well discuss our goals and objectives but no attorney can ever guarantee how a case will conclude. After I was stopped I gave the deputy my license, insurance and registration for the truck. 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. When and where you must appear to contest your ticket. Clients ask if these things aren't Get Out Of Jail Free cards. I will wait and see and update the thread when this resolves one way or the other. The website is maintained for informational purposes only. After all, the ticket is simply a description of a charge against you and a notice for you to appear and answer that charge. The system is able to look up the ticket by the ticket number and location codes (whereas I was not able to before). 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. Unread post by: jsherk on Thu Jan 05, 2017 5:29 pm. 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?" Out-of-state Drivers With NY Traffic Ticket, New York Unsafe Lane Change Tickets Lawyer. Hey, he got the color of your car wrong. Cookie Notice 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. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. The content of this post is not legal advice. Mississippi Traffic Tickets Questions & Answers - Justia Ask a Lawyer WE ARE OPEN and closely monitoring the court closures and COVID-19 situation. There has been a hot debate about the accuracy of radar guns and the cameras attached to the red lights. 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. Chances are that if a traffic ticket has errors,the citation can be overturned or dismissed with the help of a traffic lawyer. Visit our attorney directory to find a lawyer near you who can help. 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. The problem is that you cannot retain us to fight a ticket issued in someone else's name. At my destination I checked my ticket out. Unread post What is considered Actual Possession For Criminal Cases In Texas? What you are promised in this country is Due Process and that is not as much as many people think. Many of these things are. 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. 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. 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. by: Whenaxis on Thu Jan 05, 2017 6:14 pm. Here's How to Challenge Them! They aren't required on e-tickets. No drivers licence number on a ticket is also not a fatal error. Officer flagged me down in a speed trap, issued me the ticket and I was on my way. Convictions quickly lead to surcharges, insurance increases and other complications. If the traffic ticket has incorrect documentation of the make and model of the car, then the citation could be dismissed in court. However, if you lose the case, you will have to pay the citation as well as added court fees. Home / Uncategorized / wrong name on traffic ticket. 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. These are the types of traffic ticket mistakes that may or should get the ticket canceled. 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. How do you handle cases statewide? But receiving a citation that lists incorrect information can be even more frustrating. PREMIUM. 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. There are unfortunate times when you get pulled over for speeding then get issued with a ticket. Obviously its not a big 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. 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,. 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. Legal Corner: If my name is misspelled on a traffic ticket, is - KPLC The only possible way this could matter is if the officer wrote the wrong appearance date on the 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.