wrong name on traffic ticket

Mistakes do have some merit and could be used as a tool to help chip away at the sufficiency of the evidence offered against a driver. 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. Our experts have carefully reviewed each state's regulations to create a step-by-step guide to the . Minor mistakes on your traffic ticket are unlikely to merit dismissing the charge. 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. Like where an officer wrote the wrong name, address, license number and car description all on the same ticket. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. He also has apodcastwhere he talks about these things. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. Users of the website should not act, or decline to act, based on information or content from this website. After I was stopped I gave the deputy my license, insurance and registration for the truck. 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. 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. If you are required to attend TVS, you must do so before the court-ordered completion date. Nevertheless, the good news is that there is a cheaper and less stressful option to contest your case. More than the citation that you received, the complaint is what holds a little more merit in court. It would be best to let DoNotPay help you with your traffic offense today. It outlines specifically what the prosecutor intends to prove at trial. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. Contact us. Last year I was pulled over in PA for doing 5 over. 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. I guess people think "car lawyers" should handle tickets too. Mississippi Traffic Tickets Questions & Answers. Nothing presented on the website constitutes legal advice and shall not be relied upon in any way. 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. Cookie Notice Just got a speeding ticket this morning. The question beyond that would be whether or not the officer's copy to be submitted to the court was the same. Your name, date of birth, address, license number, and vehicle make, model, color and plate, etc. Feel free to call us for a free consultation at 212-683-7373 to discuss. 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. Your office is in NYC. This document is actually used to prosecute you, not the ticket. by: kegman1 on Thu Jan 05, 2017 9:43 pm. 45.019. The Ticket Clinic, A Law Firm is not liable for the use, or interpretation, of information contained on the website or otherwise presented on accessed through the website, and expressly disclaims all liability for any actions you take or do not take, based on the website's content. 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. There are unfortunate times when you get pulled over for speeding then get issued with a ticket. There isnt the additional information, like address, date of birth, ID number, etc. CA Man Fights Traffic Ticket with Physics, How to Fight Traffic Tickets, Five Strategies that Work, Browse Traffic Ticket Lawyers by Location. If a cop makes a mistake writing your ticket, you are most definitely not off the hook. 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). A mistake on the ticket does not change those facts. 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. 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). Welcome to TheLaw.com! 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. Generally, the prosecutor must prove that you were driving in that location at that date and time. 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. It is not typically considered evidence that calls into question the credibility of the officer who pulled you over. The officer has until the time of trial to amend the ticket. 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. 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. I received a ticket for not wearing my seat belt. When and where you must appear to contest your ticket. Which laws were alleged to have been broken, The jurisdiction where you allegedly committed the offense, and. Name Wrong On Speeding Ticket What to do. 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. Blasphemy! Learn more The ticket should list the fine amount, the alleged offense, and the summons date. 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. 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. 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. my son got a speeding ticket in nassau county, ny. 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. 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. 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. Small mistakes leading to dismissal of the charges is simply another traffic court myth. If there is any incorrect information on the ticket, you'll probably be able to get it dismissed. 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. 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. Or are the circumstances not crazy enough to warrant this and the judge will just amend it? Terms of Service apply. by: Decatur on Thu Jan 05, 2017 10:48 pm, No signature on an electronic ticket is not a fatal error. 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. But if someone else has your ticket, technically the officer hasn't met the service requirements specified in s. 3(3) of the Provincial Offences Act: "The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred.". Q: If an officer charge u with a dui and put the wrong vehicle information on the ticket can it be dismissed. 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. This field is for validation purposes and should be left unchanged. Hello, Im not resident of the US. 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 However he issued the ticket under my father name, birthday and driver license number. Is this ticket valid? We have helped over 300,000 people with their problems. If a police officer uses the wrong name on a ticket, do I have to show up for court, or just let them issue a warrant for a person who does not exist? They aren't required on e-tickets. by: jsherk on Thu Jan 05, 2017 5:29 pm. The individual state traffic code or municipal code can be broken down into elements. 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. Thanks for the replies folks. Does your ticket do these things? You have to request a copy of the complaint. Some common strategies include arguing: The Officer's Observations or Subjective Conclusions (d) A complaint may be sworn to before any officer authorized to administer oaths. If you don't get it corrected then obviously your father will have a mess on his hands. Please take a moment and Register today! I live in Florida, where I was pulled over for speeding I was borrowing my father truck that day, he and I share the same fist and last name but have different middle names. The name is COMPLETELY wrong and bears absolutely no resemblance to my name. The name mistake was my last as my first, and my middle as my last and first as my middle. Can you post a photo of your ticket? 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. However, if you lose the case, you will have to pay the citation as well as added court fees. it first needs to be corrected. The website is maintained for informational purposes only. All rights reserved. Also, when a mistake is brought to the court's attention, the prosecutor can simply move . For this reason, it is crucial that you do your best to win your traffic case. You should contact a local traffic ticket lawyer to see if there are other possible ways to try to fight the ticket. Do you tell them immediately only to have them amend the defect? The only possible way this could matter is if the officer wrote the wrong appearance date on the ticket. 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. Still, this does not mean an automatic dismissal. and our It does certainly sound like there was a problem with the copy of the ticket that you received. 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. He filed it anyway, although I am not sure if he filed it with the same information as what appears in my ticket. If you want to legally beat each and every ticket you ever get make sure to check out the beat the system guide. First speeding ticket - what is the best option. But if he does, the mistake on the ticket won't save you. When I drove away, I realized it wasnt even my ticket. We recommend fighting almost all tickets. The law is also subject to change from time to time and legal statutes and regulations vary between states. 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. Or, he transposes a few digits of your driver's license. If you disagree with any part of this disclaimer, do not use our website. If the traffic ticket has incorrect documentation of the make and model of the car, then the citation could be dismissed in court. Unread post Towing people on toboggans, bicycles, skis, etc. Choose Your State. So it seems we are not in the best case scenario: where the cop realized there was an error and did not file. When that happens, you may have a chance of fighting the ticket or having traffic ticket lawyers do so for you. The driver will need to provide proof of the correct information via official documentation from the Department of Motor Vehicles. and. Meeting with a lawyer can help you understand your options and how to best protect your rights. 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. Even if the make and color of your incorrect, the ticket would still hold up in court. 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. Officer flagged me down in a speed trap, issued me the ticket and I was on my way. New comments cannot be posted and votes cannot be cast. Best case is the officer does not file the tickets and/or the JP notices the errors and quashes them. If you claim the ticket now does not apply to you because of a misspelling, it probably will not fly as a legitimate defense. I will wait and see and update the thread when this resolves one way or the other. The ticket has other identifying information, like your license number, your description, the car's plate number, etc. If you wish to contest your traffic ticket but have no idea where to start, DoNotPay has got you covered in 5 easy steps. You will need a competent and experienced traffic attorney to represent you in court. Thanks for any help. We will always honestly assess your case (both good and bad) and set realistic expectations during your consultation. We can only guarantee that we will provide the best possible client service and legal representation. 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. Many of these things are. If it was the other way around he wrote the 10th but you were not due until the 14th, you'd show up early. A complaint is a sworn document alleging the offense you committed. Read along to discover how DoNotPay can help you fight your traffic ticket. 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? 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 . Parking tickets are issued to a vehicle, not a person. In any case, we still do recommend looking over the ticket carefully. If you find problems with the information, let an attorney use trusted tactics and defense strategies to go to traffic courts near meand get your case dismissed. The content is not guaranteed to be correct, complete, or up-to-date. There are so many myths about you being exempted from the case when errors are found in the speeding ticket Wrong. People wish this was the case because it would be fun to not have to pay for our driving misdeeds. 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. To prove you were guilty of violating the law, all elements of the offense have to be met. 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. The transmission of information via the website does not create an attorney-client relationship between you and The Ticket Clinic, A Law Firm. kegman1 wrote: The time is wrong. Sit back and relax while we do the work. Worse still, refusing to sign the ticket could have you taken to the station. Unread post The content of this post is not legal advice. That information must be transposed unto the formal complaint against you. Select whether or not you want the letter mailed to the traffic ticket issuer on your behalf! What Is a Bench Warrant for Traffic Ticket? The problem is that you cannot retain us to fight a ticket issued in someone else's name. New York Traffic Ticket Lawyers | Feifer & Greenberg. Here are three common errors to look for. Feifer & Greenberg, LLP, 15 Maiden Lane, Suite 1208, New York, NY 10038, (888) 842-5384. Having said that, the officer can still give you the right ticket within 30 days of the alleged offence, if he realizes his error. 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. Short answer: No. (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. I have even seen traffic tickets where the officer wrote the wrong citation number for the accused violation. 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. by: kegman1 on Thu Jan 05, 2017 4:26 pm. Additionally, you signed the bottom of the ticket agreeing to come to court. Update: Ok so I went to the online payments for www.toronto.ca/POA website and the ticket was indeed filed by the cop. The ticket should list the fine amount, the alleged offense, and the summons date. info@tickethelp.com. The big issue is that you got someone elses ticket and possibly someone got yours! Our most popular destinations for legal help are below. Hey, he got the color of your car wrong. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. 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. (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. (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. There are likely other ways to win or obtain a favorable result, however. Blog (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.

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