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. 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. Thanks! by: kegman1 on Thu Jan 05, 2017 9:43 pm. And the court can usually amend the ticket that is, simply correct it. mightymoose, May 28, 2010. We can only guarantee that we will provide the best possible client service and legal representation. Which laws were alleged to have been broken, The jurisdiction where you allegedly committed the offense, and. Thats it! I have heard of one or two extreme cases where massive errors on tickets apparently caused the tickets to go away. Feifer & Greenberg, LLP, 15 Maiden Lane, Suite 1208, New York, NY 10038, (888) 842-5384. Still, this does not mean an automatic dismissal. New York Traffic Ticket Lawyers | Feifer & Greenberg. He specializes in Lemon Law and frequently writes about cars and the law. They caught a lot of people in the speed trap. Read along to discover how DoNotPay can help you fight your traffic ticket. 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. Users of the website should not act, or decline to act, based on information or content from this website. All Rights Reserved. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Most of the things I've described above are merely clerical in nature. define('DISALLOW_FILE_EDIT', true); Okay so Ive read a bunch of these but a lot of the name issues were a simple typo. 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. 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.
Name on traffic ticket is wrong : r/answers - reddit 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. Still, this does not mean an automatic dismissal. Ask a Question About Traffic Violations in Our Community Forum (FindLaw Answers). You should contact a local traffic ticket lawyer to see if there are other possible ways to try to fight the ticket. It only takes a minute to, (You must log in or sign up to reply here.). (a) A complaint is sufficient, without regard to its form, if it substantially satisfies the following requisites: (2) it must commence In the name and by the authority of the State of Texas; (3) it must state the name of the accused, if known, or if unknown, must include a reasonably definite description of the accused; (4) it must show that the accused has committed an offense against the law of this state, or state that the affiant has good reason to believe and does believe that the accused has committed an offense against the law of this state; (5) it must state the date the offense was committed as definitely as the affiant is able to provide; (6) it must bear the signature or mark of the affiant; and. Thus, while mistakes dont automatically help ones cause, they dont hurt either. The name was so messed up I never received any notices about the ticket because they didnt deliver due to the wrong name. 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 myth likely comes from parking tickets where small errors on the ticket are much more damaging. Ticket scams prey on fear. 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. Legal Disclaimer: The content appearing on our website is for general information purposes only. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. 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. So what I would do is NOT respond at all. Some common strategies include arguing: The Officer's Observations or Subjective Conclusions The purpose of the ticket is only to offer information regarding the offense. More than the citation that you received, the complaint is what holds a little more merit in court. 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, Worst case is that you are "deemed not to dispute the ticket" and are found guilty. We may earn money from the links on this page. This is one argument you will never win.
Costly Mistakes that Can Lead to Citation Dismissals | Traffic 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.
Paying Your Traffic Ticket | DMV.ORG 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. I guess people think "car lawyers" should handle tickets too. Nevertheless, the good news is that there is a cheaper and less stressful option to contest your case. how did martin luther king jr change the world. 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. 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.
Issued ticket with wrong name, address, driver's license number - Avvo Look out for your traffic ticket issuer's response to discover whether you won. A mistake on the ticket does not change those facts. However, there may be some cases in which traffic ticket mistakes can help in your defense. There are so many myths about you being exempted from the case when errors are found in the speeding ticket Wrong. 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. This site is protected by Name on traffic ticket is wrong I received a ticket for not wearing my seat belt. It's not brown, it's taupe!
Or do you wait until trial so that they cannot fix it? This really depends on the court and the prosecutor. The only possible way this could matter is if the officer wrote the wrong appearance date on the ticket. Was there more than one person pulled over at the same time as you? What you are promised in this country is Due Process and that is not as much as many people think. For more issues related to traffic ticket defenses. You won't find any red-tape or legal jargon on our site, just the answers you need in an easy-to-understand format. It really boils down to this: You get notice of the charges against you and the opportunity to dispute them. The best case scenario at this point would probably be that the JP quashes it. For this reason, it is crucial that you do your best to win your traffic case. Additionally, you signed the bottom of the ticket agreeing to come to court. We cant guarantee results. 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. If you claim the ticket now does not apply to you because of a misspelling, it probably will not fly as a legitimate defense. 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. But that's not how it works. i want to know if we could have the ticket dismissed because he has the wrong driver behind the wheel More Officer flagged me down in a speed trap, issued me the ticket and I was on my way. Visit our attorney directory to find a lawyer near you who can help. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. Select the correct product based on your traffic ticket. People wish this was the case because it would be fun to not have to pay for our driving misdeeds. 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. 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. The transmission of information via the website does not create an attorney-client relationship between you and The Ticket Clinic, A Law Firm. If he wrote for you to appear on the 14th when the court date was the 10th. A minor error, such as a misspelled last name, will generally not result in the traffic ticket being dismissed. 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. If you are looking for more information, please select the county you live in. Copyright 2021 The Ticket Clinic. If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket.
Chances are that if a traffic ticket has errors,the citation can be overturned or dismissed with the help of a traffic lawyer. A traffic offense summons will contain a notice of: Most clerical mistakes in a traffic citation will simply be corrected, without dismissal, by a judge. No legal advice is being provided. That said, proving this in court is hard. 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. The law is also subject to change from time to time and legal statutes and regulations vary between states. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. Unread post
Traffic Ticket Mistakes That Will Get Your Case Dismissed in Court 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. They vary from state to state in form but they generally contain the same elements. 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. It does certainly sound like there was a problem with the copy of the ticket that you received. 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. Crypto Mistakes on Traffic Tickets? I'm thinking that the ticket that you got may have been someone else's ticket, and someone else may have your ticket. James Medows 306 Atlantic Avenue, Brooklyn, NY 11201 Email: jamesmedows@gmail.com Phone: (917) 856-1247
Myth: If the officer makes a single mistake on your traffic ticket, the In any case, we still do recommend looking over the ticket carefully. So, in 24 years of practicing law I have handled several hundred traffic tickets. If this happens, and you get notice of a conviction in the mail, then you can file an appeal. Nothing presented on the website constitutes legal advice and shall not be relied upon in any way. When and where you must appear to contest your ticket. 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. Heres the fact it rarely happens that courts excuse minor mistakes on a ticket. 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. "This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. Most drivers are scared to leave tickets unpaid, especially when the scam insists you may be sent to collections, lose your car, or even be arrested. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. But receiving a citation that lists incorrect information can be even more frustrating. ** <<, Beat a Speeding Ticket powered by Expert WordPress | Sitemap. So start with the complaint and compare to the ticket. It outlines specifically what the prosecutor intends to prove at trial. kegman1 wrote: The time is wrong.
Read or contribute to the latest legal news in. by: Whenaxis on Thu Jan 05, 2017 6:14 pm. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case. Nothing in this article prohibits a trial court from requiring that an objection to a charging instrument be made at an earlier time. Select whether or not you want the letter mailed to the traffic ticket issuer on your behalf! We recommend fighting almost all tickets. You will need to show up to court and explain it, and in doing so ask for traffic school. Consider some of the information on a ticket issued for a moving violation. If you wish to contest your traffic ticket but have no idea where to start, DoNotPay has got you covered in 5 easy steps. However he issued the ticket under my father name, birthday and driver license number. Choose Your State. I would imagine that somebody else got a ticket with your information on it and you got theirs. It is not typically considered evidence that calls into question the credibility of the officer who pulled you over. There has been a hot debate about the accuracy of radar guns and the cameras attached to the red lights. ", Professional Drivers & Fleet Services Division. How can our traffic ticket lawyers help you? I would guess the officer mixed up the drivers. New comments cannot be posted and votes cannot be cast. "Sorry, come back in 4 days.". Speeding Problems and Speeding Ticket Insurance. First speeding ticket - what is the best option.
wrong name on traffic ticket : r/legaladvice by: Decatur on Thu Jan 05, 2017 10:48 pm, No signature on an electronic ticket is not a fatal error. and our The ticket should list the fine amount, the alleged offense, and the summons date. 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. You can't do traffic school as long as the citation is in your father's name. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. Steve Lehto is a writer andattorneyfrom Michigan. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. When I drove away, I realized it wasnt even my ticket. However, if you lose the case, you will have to pay the citation as well as added court fees. Incorrect Details on Your Ticket Before you do anything else, take a close look at the citation you were given by the officer. All rights reserved.