There are likely other ways to win or obtain a favorable result, however. Ask a Question About Traffic Violations in Our Community Forum (FindLaw Answers). With those prosecutors, we save the defect for trial. 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? You have to request a copy of the complaint. that could be considered. 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, To fight a traffic ticket, you should know the specific law or speeding statute that you are accused of violating. Thanks! Blog In that case, if that ticket was submitted to the system that way, then there is a chance it will go away. Mistakes get made. 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. If your lucky enough to find out that the cited highway, vehicle or your own name is wrong on a speeding ticket completely, then this is your sure way to have the charge dismissed. 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. Fatal error? But receiving a citation that lists incorrect information can be even more frustrating. Worse still, refusing to sign the ticket could have you taken to the station. In the past few years, the accuracy of radar guns and cameras attached to red lights have been hotly debated. Under the description he listed "Improper Lane Usage" but the code actually referred to an "Improper Turn." by: Decatur on Thu Jan 05, 2017 10:48 pm, No signature on an electronic ticket is not a fatal error. So start with the complaint and compare to the ticket. For more issues related to traffic ticket defensesclick the preceding link. Your Privacy Choices: Opt Out of Sale/Targeted Ads. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. Officers often make errors on speeding tickets when they hurriedly or absentmindedly write the ticket. 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. define('DISALLOW_FILE_MODS', true); Learn How to Beat a Speeding Ticket without Expensive Lawyer Fees. Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend, Unread post Mistakes on traffic tickets occur when officers are in a hurry or absentmindedly jot down incorrect information. That said, proving this in court is hard. The driver will need to provide proof of the correct information via official documentation from the Department of Motor Vehicles. first results that came up brings up some inaccurate results. 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. by: Whenaxis on Sat Jan 07, 2017 5:43 pm. 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. The police officer instead of my first and last names wrote the name of my city. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. The following are examples of minor traffic ticket errors: Incorrect location Wrongly spelling the name of a location Wrong time Improper description of the vehicle The court can make amendments to a ticket that has minor mistakes. Mistakes on Traffic Tickets? Reddit and its partners use cookies and similar technologies to provide you with a better experience. Sit back and relax while we do the work. >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. 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. Thats it! 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. When I drove away, I realized it wasnt even my ticket. They would then reschedule you for a later date. The best case scenario at this point would probably be that the JP quashes it. Youll receive an appeal letter that contains state vehicle codes to boost your case. The law is also subject to change from time to time and legal statutes and regulations vary between states. Q: If an officer charge u with a dui and put the wrong vehicle information on the ticket can it be dismissed. Unread post When an officer pulls you over to issue a traffic ticket, you may be upset. If you claim the ticket now does not apply to you because of a misspelling, it probably will not fly as a legitimate defense. WHAT IS A TRAFFIC TICKET COMPLAINT? 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. ZIP We do not recommend that anyone substitute anything they read or learn on the internet for personal legal advice from competent legal counsel. Is It Legal To Obscure Your License Plate? There are so many myths about you being exempted from the case when errors are found in the speeding ticket Wrong. Users browsing this forum: No registered users and 3 guests. 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. So it seems we are not in the best case scenario: where the cop realized there was an error and did not file. Generally, the prosecutor must prove that you were driving in that location at that date and time. Name Wrong On Speeding Ticket What to do. 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. At my destination I checked my ticket out. The name mistake was my last as my first, and my middle as my last and first as my middle. They vary from state to state in form but they generally contain the same elements. "Sorry, come back in 4 days.". And because I never received any notices whatsoever, Ill now have to pay to get my license back and itll add to my insurance and additional points, etc. No legal advice is being provided. Hey, he got the color of your car wrong. So, in 24 years of practicing law I have handled several hundred traffic tickets. Which laws were alleged to have been broken, The jurisdiction where you allegedly committed the offense, and. A minor error, such as a misspelled last name, will generally not result in the traffic ticket being dismissed. 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. If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation dismissed. 1995 - 2019 TheLaw.com LLC. James Medows 306 Atlantic Avenue, Brooklyn, NY 11201 Email: [email protected] Phone: (917) 856-1247 We will always honestly assess your case (both good and bad) and set realistic expectations during your consultation. If you are required to attend TVS, you must do so before the court-ordered completion date. 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. We have helped over 300,000 people with their problems. New ticket scams target drivers throughout the United States, capturing personal information, stealing money and identities, and installing viruses and malware. The content of this post is not legal advice. The website is maintained for informational purposes only. This site is protected by No drivers licence number on a ticket is also not a fatal error. If anyone has advice I'm all ears, Speeding Tickets, Traffic & Moving Violations, TheLaw.com has been providing free legal assistance online since 1995. You should contact a local traffic ticket lawyer to see if there are other possible ways to try to fight the ticket. kegman1 wrote: The time is wrong. If it's incorrect or only has what speed you were going, it could get your case 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. Think of it as an indictment based on the information contained in the ticket. The purpose of the ticket is only to offer information regarding the offense. Thanks for the replies folks. If the traffic ticket has incorrect documentation of the make and model of the car, then the citation could be dismissed in court. You won't find any red-tape or legal jargon on our site, just the answers you need in an easy-to-understand format. Log-in to DoNotPay and go to the Ticket Disputes category. This field is for validation purposes and should be left unchanged. When that happens, you may have a chance of fighting the ticket or having traffic ticket lawyers do so for you. How can our traffic ticket lawyers help you? However, if you lose the case, you will have to pay the citation as well as added court fees. Unread post To prove you were guilty of violating the law, all elements of the offense have to be met. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. If it was the other way around he wrote the 10th but you were not due until the 14th, you'd show up early. and our Let the officer use the wrong descriptions of the location, the violation or the identification of your vehicle to the court. Privacy Policy. What Is a Bench Warrant for Traffic Ticket? +++ This is not legal advice, only my opinion +++. All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay the ticket. You can be recharged via a summons for up to 6 months though this is unlikely. You can't do traffic school as long as the citation is in your father's name. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. 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. Of course, there are other errors that may occur on your speeding ticket. How else would you give someone a ticket who has never had a licence? The name was so messed up I never received any notices about the ticket because they didnt deliver due to the wrong name. 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. 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 citation has to provide: Location of the offense committed Offense being charged Venue (i.e. 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). how did martin luther king jr change the world. 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. Aftermarket Parts Won't Void Your Warranty, A Traffic Ticket Won't Be Thrown Out Because the Cop Made a Typo. Though this could assist in getting the case dismissed, it is not as easy as one might think. Minor mistakes on your traffic ticket are unlikely to merit dismissing the charge. 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. 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?" Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. Feifer & Greenberg, LLP, 15 Maiden Lane, Suite 1208, New York, NY 10038, (888) 842-5384. 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. The individual state traffic code or municipal code can be broken down into elements. Is this ticket valid? What's the Fine for Disobeying a Traffic Control Device in NY? I received a ticket for not wearing my seat belt. It's that simple! The specific requirements of a valid complaint are as follows: Art. Speeding Problems and Speeding Ticket Insurance. Here's How to Challenge Them! 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. Can you post a photo of your ticket? I know there are some people who have never been ticketed but most of us have seen a citation or two. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. 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. by: Whenaxis on Thu Jan 05, 2017 6:14 pm. (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. 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.". 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. Please note that our website is an Attorney Advertisement. If you decide to hire a traffic lawyer, you should be prepared to part with a lot of money in legal fees. If a cop makes a mistake writing your ticket, you are most definitely not off the hook. Compensation For Injuries After A Car Wreck, Establishing Liability In Car Accident Cases, https://beltzlaw.com/wp-content/uploads/2012/09/Traffic-Ticket-Defense-Lawyer.mp4. All rights reserved. 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. I let it sit for a year and never received any notices about it, whatsoever. Your office is in NYC. It really boils down to this: You get notice of the charges against you and the opportunity to dispute them. Many of these things are. Other Tips for Dismissal Welcome to TheLaw.com! We may earn money from the links on this page. 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. There isnt the additional information, like address, date of birth, ID number, etc. So if you do get a notice of conviction for a ticket, you can file for a reopening and say that the officer didn't provide you service of a ticket under s. 3(3) of the Provincial Offences Act; you just got someone else's ticket. But that's not how it works. by: kegman1 on Sat Jan 07, 2017 4:20 pm. It is possible that the law may not apply to you and may have changed from the time a post was made. Or, he transposes a few digits of your driver's license. They aren't required on e-tickets. ", Professional Drivers & Fleet Services Division. 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. (c) A complaint filed in municipal court must allege that the offense was committed in the territorial limits of the municipality in which the complaint is made. [email protected]. The transmission of information via the website does not create an attorney-client relationship between you and The Ticket Clinic, A Law Firm. Unread post Choose Your State. 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 officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. WE ARE OPEN and closely monitoring the court closures and COVID-19 situation. Note that signing the ticket does not mean that you admit guilt. We recommend fighting almost all tickets. 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. Chances are that if a traffic ticket has errors,the citation can be overturned or dismissed with the help of a traffic lawyer. Thus, while mistakes dont automatically help ones cause, they dont hurt either. 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. More than the citation that you received, the complaint is what holds a little more merit in court. These are the types of traffic ticket mistakes that may or should get the ticket canceled. He also has apodcastwhere he talks about these things. Multiple small mistakes can make such an argument even more likely to succeed. Read along to discover how DoNotPay can help you fight your traffic ticket. Article 45.019 outlines what a complaint must contain. There are unfortunate times when you get pulled over for speeding then get issued with a ticket. It does certainly sound like there was a problem with the copy of the ticket that you received. Should I just pay my ticket or should I fight? New comments cannot be posted and votes cannot be cast. It takes decades to gain the knowledge on how to fight defects in traffic tickets and complaints in Texas. Or do you wait until trial so that they cannot fix it? Mississippi Traffic Tickets Questions & Answers. (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? 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. There is no Driver's license Number - it's blank. He knocked me down to 10km over. The ticket should list the fine amount, the alleged offense, and the summons date. All you need to do is prove the listed automobile is not your vehicle by providing documented proof of the correct info. 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. Consider some of the information on a ticket issued for a moving violation. Nothing appearing on this site shall be considered legal advice and is presented only as a general statement of the law. (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. Update: Ok so I went to the online payments for www.toronto.ca/POA website and the ticket was indeed filed by the cop. Additionally, you signed the bottom of the ticket agreeing to come to court. 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. I would imagine that somebody else got a ticket with your information on it and you got theirs. I guess people think "car lawyers" should handle tickets too. The ticket should contain essential information such as the alleged charge, the amount of the fine, and the summon date. This is one argument you will never win. 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. 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. Parking tickets are issued to a vehicle, not a person. 1 Answer | Asked in DUI / DWI and Traffic Tickets for Mississippi on Jul 24, 2022. 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. Small mistakes leading to dismissal of the charges is simply another traffic court myth. The ticket is used to complete this document. 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. This really depends on the court and the prosecutor. 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,. Convictions quickly lead to surcharges, insurance increases and other complications. My inclination is to not respond and wait for the conviction notice. If you received a traffic ticket, contact us to go over your case and let an experienced attorney review the information for you to ensure you get the best outcome possible. While nobody enjoys paying a traffic ticket, DMV.ORG is here to make the process as pain-free as possible. Visit our attorney directory to find a lawyer near you who can help. Although my legal specialty is Lemon Law, I get a lot of phone calls about traffic tickets. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. New comments cannot be posted and votes cannot be cast. Having said that, the officer can still give you the right ticket within 30 days of the alleged offence, if he realizes his error. Dont even try to correct the errors of the officer instead, use these to your advantage. Unread post REQUISITES OF COMPLAINT. 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. Heres the fact it rarely happens that courts excuse minor mistakes on a ticket. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. Still, this does not mean an automatic dismissal. He specializes in Lemon Law and frequently writes about cars and the law. 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 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? CA Man Fights Traffic Ticket with Physics, How to Fight Traffic Tickets, Five Strategies that Work, Browse Traffic Ticket Lawyers by Location. 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. The use of the website does not create an attorney-client relationship. A complaint is a sworn document alleging the offense you committed. 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 you disagree with any part of this disclaimer, do not use our website. When this happens, you may have a golden opportunity to contest the ticket, even when you were in the wrong. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. Look out for your traffic ticket issuer's response to discover whether you won. Okay so Ive read a bunch of these but a lot of the name issues were a simple typo. New York Traffic Ticket Lawyers | Feifer & Greenberg. by: kegman1 on Thu Jan 05, 2017 4:26 pm. Still, this does not mean an automatic dismissal. The name is COMPLETELY wrong and bears absolutely no resemblance to my name. 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.