The following are examples of minor traffic ticket errors: The court can make amendments to a ticket that has minor mistakes. He filed it anyway, although I am not sure if he filed it with the same information as what appears in my ticket. that could be considered. That said, proving this in court is hard. what should i do in this case? Feifer & Greenberg, LLP, 15 Maiden Lane, Suite 1208, New York, NY 10038, (888) 842-5384. You should strongly consider any decision to pay a ticket without fighting. Read along to discover how DoNotPay can help you fight your traffic ticket. You can be recharged via a summons for up to 6 months though this is unlikely. Our experts have carefully reviewed each state's regulations to create a step-by-step guide to the . It outlines specifically what the prosecutor intends to prove at trial. For more information, please see our Last year I was pulled over in PA for doing 5 over. I let it sit for a year and never received any notices about it, whatsoever. ", Professional Drivers & Fleet Services Division. Issued ticket with wrong name, address, driver's license number - Avvo I have even seen traffic tickets where the officer wrote the wrong citation number for the accused violation. Your office is in NYC. Paying Your Traffic Ticket | DMV.ORG You should therefore check periodically for changes. Chances are that if a traffic ticket has errors,the citation can be overturned or dismissed with the help of a traffic lawyer. Convictions quickly lead to surcharges, insurance increases and other complications. The police officer instead of my first and last names wrote the name of my city. People wish this was the case because it would be fun to not have to pay for our driving misdeeds. The law is also subject to change from time to time and legal statutes and regulations vary between states. This site is protected by Hiring an attorney does not mean it will automatically be dismissed either. define('DISALLOW_FILE_EDIT', true); When I drove away, I realized it wasnt even my ticket. No drivers license also means it is a fatal error. I received traffic ticket, but my full name is XXXXX XXXXX wrong on it. If an officer lists the wrong make and model of your vehicle, the wrong license plate number, or any other essential identifying evidence, the incorrect information on traffic ticketcan get the citation thrown out. Some common strategies include arguing: The Officer's Observations or Subjective Conclusions If a police officer enters the wrong name on a speeding ticket - Avvo 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? We fight these types of cases in New York all the time so we'd be happy to help. 1. It only takes a minute to, (You must log in or sign up to reply here.). Although my legal specialty is Lemon Law, I get a lot of phone calls about traffic tickets. Mistakes on Traffic Tickets? Here's How to Challenge Them! The system is able to look up the ticket by the ticket number and location codes (whereas I was not able to before). 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. No drivers licence number on a ticket is also not a fatal error. 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. >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. Somewhere around the middle there is a section covering errors on a citation. 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. But that's not how it works. Best case is the officer does not file the tickets and/or the JP notices the errors and quashes them. 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. Unread post No legal advice is being provided. You will have a better chance of fighting and winning your citation if any of the mentioned factors affected your ticket. The specific requirements of a valid complaint are as follows: Art. Generally, the prosecutor must prove that you were driving in that location at that date and time. wrong name on my traffic ticket - justanswer.com After all, the ticket is simply a description of a charge against you and a notice for you to appear and answer that charge. Contact us. 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. What you are promised in this country is Due Process and that is not as much as many people think. Legal Disclaimer: The content appearing on our website is for general information purposes only. WHAT IS A TRAFFIC TICKET COMPLAINT? Still, this does not mean an automatic dismissal. If he wrote for you to appear on the 14th when the court date was the 10th. how did martin luther king jr change the world. +++ This is not legal advice, only my opinion +++. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. 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. 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. Clients ask if these things aren't Get Out Of Jail Free cards. 0 found this answer helpful | 0 lawyers agree Thanks for any help. So what I would do is NOT respond at all. Short answer: No. Learn more New comments cannot be posted and votes cannot be cast. Unread post The best case scenario at this point would probably be that the JP quashes it. The citation has to provide: Location of the offense committed Offense being charged Venue (i.e. The officer has until the time of trial to amend the ticket. If it was the other way around he wrote the 10th but you were not due until the 14th, you'd show up early. 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. How can our traffic ticket lawyers help you? Article 45.019 gives you the option to contest what is written in the complaint as well as the timeline for when that objection must be submitted. I know there are some people who have never been ticketed but most of us have seen a citation or two. Heres the fact it rarely happens that courts excuse minor mistakes on a ticket. Mistakes on Traffic Tickets: License to Dismiss? - FindLaw If anyone has advice I'm all ears, Speeding Tickets, Traffic & Moving Violations, TheLaw.com has been providing free legal assistance online since 1995. If you are required to attend TVS, you must do so before the court-ordered completion date. Further, prosecutors have the ability to amend defects in the complaint. There are numerous issues which I would consider fatal errors but wanted the experts on this board to weigh in: The name is COMPLETELY wrong and bears absolutely no resemblance to my name. 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? If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation dismissed. (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. If the traffic ticket has incorrect documentation of the make and model of the car, then the citation could be dismissed in court. Legal Corner: If my name is misspelled on a traffic ticket, is - KPLC 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. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. If you claim the ticket now does not apply to you because of a misspelling, it probably will not fly as a legitimate defense. Our car experts choose every product we feature. 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. They aren't required on e-tickets. reCAPTCHA and the Google Privacy Policy and 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. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. It is possible that the law may not apply to you and may have changed from the time a post was made. We have helped over 300,000 people with their problems. However, there may be some cases in which traffic ticket mistakes can help in your defense. If a police officer uses the wrong name on a ticket, do I have - Quora 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. Welcome to TheLaw.com! So it seems we are not in the best case scenario: where the cop realized there was an error and did not file. The big issue is that you got someone elses ticket and possibly someone got yours! by: OTD Legal on Thu Jan 05, 2017 4:32 pm. It is not a substitute for professional legal assistance. Don't Fall For It: Common Ticket Scams to Avoid - DefensiveDriving.org 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. It takes decades to gain the knowledge on how to fight defects in traffic tickets and complaints in Texas. Select the correct product based on your traffic ticket. While there are cases where this has been true in general this do not apply to the courts. With those prosecutors, we save the defect for trial. 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. All Rights Reserved. Nothing appearing on this site shall be considered legal advice and is presented only as a general statement of the law. At most times, officers are often in a hurry and may fail to record all the required information. 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 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. info@tickethelp.com. Consider some of the information on a ticket issued for a moving violation. So start with the complaint and compare to the ticket. For more issues related to traffic ticket defensesclick the preceding link. 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. You will need a competent and experienced traffic attorney to represent you in court. But if he does, the mistake on the ticket won't save you. I'm interested to see a ticket with so many errors on it! A place to discuss any general Highway Traffic Act related items. There are unfortunate times when you get pulled over for speeding then get issued with a ticket. 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. NY traffic ticket errors | Mistakes on my traffic ticket | New York 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 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. (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. Many factors can affect the precision of these devices, for example: The frequency of maintenance of these devices can also affect their level of accuracy. The question beyond that would be whether or not the officer's copy to be submitted to the court was the same. Or, he transposes a few digits of your driver's license. Our most popular destinations for legal help are below. Log-in to DoNotPay and go to the Ticket Disputes category. The ticket has other identifying information, like your license number, your description, the car's plate number, etc. Was there more than one person pulled over at the same time as you? Officers are often in a hurry, and sometimes they fail to include all the information needed on a ticket. 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. The only things that are correct is my car's license plate number. Costly Mistakes that Can Lead to Citation Dismissals | Traffic 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. wrong name on traffic ticket . Read or contribute to the latest legal news in. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. He also has apodcastwhere he talks about these things. 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. Incorrect Information On Your Speeding Ticket - Streetdirectory.com Once the officer has significantly presented this perjured testimony to the court, that the best time for you to open up the errors on the speeding ticket. Or are the circumstances not crazy enough to warrant this and the judge will just amend it? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. wrong name on traffic ticket - romanalytics.com Dont even try to correct the errors of the officer instead, use these to your advantage. The myth likely comes from parking tickets where small errors on the ticket are much more damaging. 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. This is one argument you will never win. 5 Traffic Ticket Errors that Support Your Case in Court | Traffic Traffic Ticket Mistakes That Will Get Your Case Dismissed in Court WRONG INFORMATION ON A TRAFFIC TICKET - Beltz Law Firm How to Get Traffic Ticket Forgiveness In California Effortlessly, A Step-by-Step Guide to Finding Old Traffic Tickets Quickly, How to Request a Continuance for a Traffic Ticket, All About Statute of Limitation on Traffic Tickets In Texas, How to Avoid Paying Traffic Tickets With This Easy Trick, How to Pay Your Houston Water Bills Online Hassle-Free, How to Remove My Case From The Internet Instantly, How to Recover Your Forgotten Workday Password Hassle-Free, How to Stay In Touch With Inmates at Clements Unit, Sending Money to an Inmate Has Never Been Easier, sign the ticket, and you will have your day in court to plead your case. Select whether or not you want the letter mailed to the traffic ticket issuer on your behalf! 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. The purpose of the ticket is only to offer information regarding the offense. Unlike a parking ticket, this type of error will NOT result in your case being dismissed. Well discuss our goals and objectives but no attorney can ever guarantee how a case will conclude. Ask a Question About Traffic Violations in Our Community Forum (FindLaw Answers). The ticket should contain essential information such as the alleged charge, the amount of the fine, and the summon date. 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. code or county). wrong name on traffic ticket : r/legaladvice Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. They would then reschedule you for a later date. 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 the conviction notice comes in then I know they got my address right and the cop fixed the errors? When I finally called the clerk of court, she had to do an extensive search to even find the citation because of the name issue. Why Should You Hire a Speeding Ticket Attorney? 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. 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 . The individual state traffic code or municipal code can be broken down into elements. Court Allows Amendment of Ticket Citing Wrong Code Section A complaint is a sworn document alleging the offense you committed. 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. To fight a traffic ticket, you should know the specific law or speeding statute that you are accused of violating. 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. Officer flagged me down in a speed trap, issued me the ticket and I was on my way. 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. 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. General Talk - Discuss General Traffic Related Topics Here! You can have better chances of fighting your citation if any of these factors influence your ticket. It really boils down to this: You get notice of the charges against you and the opportunity to dispute them. 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. All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay the ticket. 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. 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. my son got a speeding ticket in nassau county, ny. The ticket is used to complete this document. Wrong Name, Wrong Address, Wrong Gender, No Dl# On Ticket Fatal Traffic Errors These are the types of traffic ticket mistakes that may or should get the ticket canceled. Please take a moment and Register today! 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. Myth: If the officer makes a single mistake on your traffic ticket, the We have organized a statewide network of attorneys. 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. 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. Mississippi Traffic Tickets Questions & Answers - Justia Ask a Lawyer It's not brown, it's taupe! Unread post 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Look out for your traffic ticket issuer's response to discover whether you won. Mind you, I never received any notices. Blog Copyright 2022, Thomson Reuters. If so, you're on the hook. New ticket scams target drivers throughout the United States, capturing personal information, stealing money and identities, and installing viruses and malware. ZIP 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. 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. I'm thinking that the ticket that you got may have been someone else's ticket, and someone else may have your ticket. The best we could determine was that the officer accidentally got his information from a previous traffic stop and handed it to this driver. If you feel you have been charged unfairly, simply. by: Decatur on Thu Jan 05, 2017 10:48 pm, No signature on an electronic ticket is not a fatal 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. 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. 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. Mistakes on parking tickets not enough to get you off - Bellingham Herald Aftermarket Parts Won't Void Your Warranty, A Traffic Ticket Won't Be Thrown Out Because the Cop Made a Typo.