Or, he transposes a few digits of your driver's license. about FindLaws newsletters, including our terms of use and privacy policy. Generally, the prosecutor must prove that you were driving in that location at that date and time. Or are the circumstances not crazy enough to warrant this and the judge will just amend it? This field is for validation purposes and should be left unchanged. The ticket is used to complete this document. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. Some common strategies include arguing: The Officer's Observations or Subjective Conclusions 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. 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. You will have a better chance of fighting and winning your citation if any of the mentioned factors affected your ticket. 5 Traffic Ticket Errors that Support Your Case in Court | Traffic This is one argument you will never win. The best case scenario at this point would probably be that the JP quashes it. However he issued the ticket under my father name, birthday and driver license number. by: ynotp on Sat Jan 07, 2017 8:47 pm. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. 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. Ticket scams prey on fear. This really depends on the court and the prosecutor. Sit back and relax while we do the work. Can a speeding ticket be dismissed if the wrong date of birth is - Avvo All rights reserved. Nevertheless, the good news is that there is a cheaper and less stressful option to contest your case. Select whether or not you want the letter mailed to the traffic ticket issuer on your behalf! mightymoose, May 28, 2010. 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. In all honesty, it means that fighting a traffic ticket is a lot more complex than it seems. 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. If a police officer enters the wrong name on a speeding ticket - Avvo General Talk - Discuss General Traffic Related Topics Here! How to Dispute a Traffic Camera Ticket: 15 Steps (with Pictures) - wikiHow Reddit and its partners use cookies and similar technologies to provide you with a better experience. Provide us with some details on why you believe the citation issued is a mistake. by: kegman1 on Thu Jan 05, 2017 4:26 pm. You can't do traffic school as long as the citation is in your father's name. 1995 - 2019 TheLaw.com LLC. 1 Answer | Asked in DUI / DWI and Traffic Tickets for Mississippi on Jul 24, 2022. >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. Home / Uncategorized / wrong name on traffic ticket. What happens when the police give you the wrong 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. With those prosecutors, we save the defect for trial. 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. 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. How can our traffic ticket lawyers help you? When I drove away, I realized it wasnt even my ticket. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. The problem is that you cannot retain us to fight a ticket issued in someone else's name. 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. 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, 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. The myth likely comes from parking tickets where small errors on the ticket are much more damaging. Hello, Im not resident of the US. Your office is in NYC. How to Get a Traffic Ticket Dismissed: Proven Ways in 2021 We reserve the right to modify these terms at any time. WRONG INFORMATION ON A TRAFFIC TICKET - Beltz Law Firm 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. "Sorry, come back in 4 days.". He also has apodcastwhere he talks about these things. The judge will ask you if you would like to cross-examine. Lets review what a complaintis and what it must have. The ticket has other identifying information, like your license number, your description, the car's plate number, etc. Officers are often in a hurry, and sometimes they fail to include all the information needed on a ticket. Myth: If the officer makes a single mistake on your traffic ticket, the (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. Also, when a mistake is brought to the court's attention, the prosecutor can simply move . Parking tickets are issued to a vehicle, not a person. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. We may earn money from the links on this page. No drivers license also means it is a fatal error. 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 big issue is that you got someone elses ticket and possibly someone got yours! We have organized a statewide network of attorneys. Wrong Name, Wrong Address, Wrong Gender, No Dl# On Ticket Doing this will have your traffic ticket held as confidential information. Small mistakes leading to dismissal of the charges is simply another traffic court myth. Copyright 2022, Thomson Reuters. NO ATTORNEY-CLIENT RELATIONSHIP. 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. These are the types of traffic ticket mistakes that may or should get the ticket canceled. People wish this was the case because it would be fun to not have to pay for our driving misdeeds. Feel free to call us for a free consultation at 212-683-7373 to discuss. The name mistake was my last as my first, and my middle as my last and first as my middle. i want to know if we could have the ticket dismissed because he has the wrong driver behind the wheel More 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. Please note that our website is an Attorney Advertisement. 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. Court Allows Amendment of Ticket Citing Wrong Code Section At most times, officers are often in a hurry and may fail to record all the required information. my son got a speeding ticket in nassau county, ny. Officers often make errors on speeding tickets when they hurriedly or absentmindedly write the ticket. 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. We will always honestly assess your case (both good and bad) and set realistic expectations during your consultation. He knocked me down to 10km over. Thanks for the replies folks. The name was so messed up I never received any notices about the ticket because they didnt deliver due to the wrong name. 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. When a defendant shows up in court for a traffic ticket, he or she can complain about the mistaken ticket. the cop wrote the wrong street name on a ticket. Can I get it - Quora Cop wrote 99km/h over 60km/h but was wrong. Visit our attorney directory to find a lawyer near you who can help. The only possible way this could matter is if the officer wrote the wrong appearance date on the ticket. What Is a Bench Warrant for Traffic Ticket? Is this ticket valid? They would then reschedule you for a later date. 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. 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. You can have better chances of fighting your citation if any of these factors influence your ticket. What is considered Actual Possession For Criminal Cases In Texas? 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. 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. Speeding Problems and Speeding Ticket Insurance. Still, this does not mean an automatic dismissal. You should therefore check periodically for changes. 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. 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's not brown, it's taupe! But simply put: Scrivener's errors what civilians call "typos" will not void your ticket. Can A Court Charge A Defendant For An Officers Overtime For A Traffic Ticket? When to Fight a Traffic Ticket | DMV.ORG Given the compounded errors, the Officer may not file the ticket with the court. Our car experts choose every product we feature. 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. Stay up-to-date with how the law affects your life. Thanks! Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. If this happens, and you get notice of a conviction in the mail, then you can file an appeal. However, there may be some cases in which traffic ticket mistakes can help in your defense. Feifer & Greenberg, LLP, 15 Maiden Lane, Suite 1208, New York, NY 10038, (888) 842-5384. Nothing appearing on this site shall be considered legal advice and is presented only as a general statement of the law. All Rights Reserved. Meeting with a lawyer can help you understand your options and how to best protect your rights. it first needs to be corrected. Okay so Ive read a bunch of these but a lot of the name issues were a simple typo. 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. by: Decatur on Thu Jan 05, 2017 10:48 pm, No signature on an electronic ticket is not a fatal error. Wrong name on traffic ticket misspelled last name Most of the things I've described above are merely clerical in nature. 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. How else would you give someone a ticket who has never had a licence? There is no Driver's license Number - it's blank. 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. ", Professional Drivers & Fleet Services Division. If you are looking for more information, please select the county you live in. Your Privacy Choices: Opt Out of Sale/Targeted Ads. 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. Blasphemy! 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. Unread post Does your ticket do these things? If a cop makes a mistake writing your ticket, you are most definitely not off the hook. The system is able to look up the ticket by the ticket number and location codes (whereas I was not able to before). There are likely other ways to win or obtain a favorable result, however. Youll receive an appeal letter that contains state vehicle codes to boost your case. Users of the website should not act, or decline to act, based on information or content from this website. What Happens if a Cop Writes the Wrong Name on a Ticket 20 Tips At my destination I checked my ticket out. 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. Article 45.019 outlines what a complaint must contain. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. In any case, we still do recommend looking over the ticket carefully. It really boils down to this: You get notice of the charges against you and the opportunity to dispute them. Think of it as an indictment based on the information contained in the 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. 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. by: Whenaxis on Thu Jan 05, 2017 6:14 pm. Look out for your traffic ticket issuer's response to discover whether you won. Unread post (g) In a county with a population of more than two million that does not have a county attorney, a complaint for an offense under Section 32.14, Penal Code, must be approved by the district attorney, regardless of whether a collection proceeding is initiated by the district attorney, Case Type (Select One)Traffic TicketCriminal Charge(s)Felony Charge(s)MisdemeanorDWIPersonal InjuryCar AccidentOther, Copyright 2023 | Beltz Law Firm - Dallas Attorneys | Privacy Policy | Terms & Conditions | Sitemap. I guess people think "car lawyers" should handle tickets too. 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. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. But if he does, the mistake on the ticket won't save you. If he wrote for you to appear on the 14th when the court date was the 10th. 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. Despite many myths surrounding traffic tickets, clerical errors on a traffic citation are generally not sufficient cause for a judge to dismiss your case, even if the officer fails to spell your name right, according to the privately owned website DMV.org. If the vehicle is not identified exactly, then there will be legitimate questions about the ticket itself and which car was allegedly parked improperly. Mississippi Traffic Tickets Questions & Answers - Justia Ask a Lawyer We fight these types of cases in New York all the time so we'd be happy to help. 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? There is absolutely no point in arguing with the traffic officer. Consider some of the information on a ticket issued for a moving violation. Of course, there are other errors that may occur on your speeding ticket. Name Wrong On Speeding Ticket - What to do? info@tickethelp.com. If it was the other way around he wrote the 10th but you were not due until the 14th, you'd show up early. 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. There are so many myths about you being exempted from the case when errors are found in the speeding ticket Wrong. Unread post Still, this does not mean an automatic dismissal. Multiple small mistakes can make such an argument even more likely to succeed. The only things that are correct is my car's license plate number. Nothing presented on the website constitutes legal advice and shall not be relied upon in any way. I will wait and see and update the thread when this resolves one way or the other. If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation dismissed. 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. 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. 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. reCAPTCHA and the Google Privacy Policy and Mistakes on Traffic Tickets: License to Dismiss? - FindLaw While nobody enjoys paying a traffic ticket, DMV.ORG is here to make the process as pain-free as possible. I know there are some people who have never been ticketed but most of us have seen a citation or two. It does certainly sound like there was a problem with the copy of the ticket that you received.