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. Your Privacy Choices: Opt Out of Sale/Targeted Ads. Doing this will have your traffic ticket held as confidential information. Meeting with a lawyer can help you understand your options and how to best protect your rights. 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 this happens, you may have a golden opportunity to contest the ticket, even when you were in the wrong. 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. The website is maintained for informational purposes only. info@tickethelp.com. Unread post (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. New comments cannot be posted and votes cannot be cast. Some common strategies include arguing: The Officer's Observations or Subjective Conclusions There has been a hot debate about the accuracy of radar guns and the cameras attached to the red lights. We do not recommend that anyone substitute anything they read or learn on the internet for personal legal advice from competent legal counsel. Dont even try to correct the errors of the officer instead, use these to your advantage. If this happens, and you get notice of a conviction in the mail, then you can file an appeal. Mistakes on Traffic Tickets? 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. It is possible that the law may not apply to you and may have changed from the time a post was made. Many of these things are. I have heard of one or two extreme cases where massive errors on tickets apparently caused the tickets to go away. Even if the current NY traffic tickets arent particularly harmful, you have an incentive to keep your record clean for the future. This is the worst mistake a driver can make. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. There is no Driver's license Number - it's blank. (888) 842 5384 (TicketHELP) 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. They aren't required on e-tickets. 1. 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. Of course, there are other errors that may occur on your speeding 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. The system is able to look up the ticket by the ticket number and location codes (whereas I was not able to before). Here's How to Challenge Them! by: kegman1 on Thu Jan 05, 2017 9:43 pm. Thanks! Speeding Problems and Speeding Ticket Insurance. Even the smallest mistake can be grounds for dismissal, but it all comes down to what the judge determines. The ticket has other identifying information, like your license number, your description, the car's plate number, etc. 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. 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. Well no signature means it is a fatal error. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. i want to know if we could have the ticket dismissed because he has the wrong driver behind the wheel More The best case scenario at this point would probably be that the JP quashes it. 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. But simply put: Scrivener's errors what civilians call "typos" will not void your ticket. The ticket should list the fine amount, the alleged offense, and the summons date. He filed it anyway, although I am not sure if he filed it with the same information as what appears in my 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. At most times, officers are often in a hurry and may fail to record all the required information. Short answer: No. 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 received traffic ticket, but my full name is XXXXX XXXXX wrong on it. So it seems we are not in the best case scenario: where the cop realized there was an error and did not file. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. Welcome to TheLaw.com! 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 officer has until the time of trial to amend the ticket. The purpose of the ticket is only to offer information regarding the offense. by: ynotp on Sat Jan 07, 2017 8:47 pm. I guess people think "car lawyers" should handle tickets too. 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. Provide us with some details on why you believe the citation issued is a mistake. Is this ticket valid? There are unfortunate times when you get pulled over for speeding then get issued with a ticket. wrong name on 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. by: Whenaxis on Sat Jan 07, 2017 5:43 pm. So what I would do is NOT respond at all. We recommend fighting almost all tickets. The name was so messed up I never received any notices about the ticket because they didnt deliver due to the wrong name. And the court can usually amend the ticket that is, simply correct it. Wrong Summons Date A traffic citation is essentially a summons that requires you to appear in court to answer for your violation. 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. 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. Under the description he listed "Improper Lane Usage" but the code actually referred to an "Improper Turn." What's the Fine for Disobeying a Traffic Control Device in NY? It is simply a promise that you will appear in court on the scheduled date. Visit our attorney directory to find a lawyer near you who can help. 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. With those prosecutors, we save the defect for trial. Choose Your State. (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. Nothing in this article prohibits a trial court from requiring that an objection to a charging instrument be made at an earlier time. In the past few years, the accuracy of radar guns and cameras attached to red lights have been hotly debated. "This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. ", Professional Drivers & Fleet Services Division. Users browsing this forum: No registered users and 3 guests. At my destination I checked my ticket out. All you need to do is prove the listed automobile is not your vehicle by providing documented proof of the correct info. The transmission of information via the website does not create an attorney-client relationship between you and The Ticket Clinic, A Law Firm. If you are required to attend TVS, you must do so before the court-ordered completion date. The ticket should contain essential information such as the alleged charge, the amount of the fine, and the summon 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. 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. 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 don't get it corrected then obviously your father will have a mess on his hands. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. My inclination is to not respond and wait for the conviction notice. Towing people on toboggans, bicycles, skis, etc. Blog by: kegman1 on Thu Jan 05, 2017 4:26 pm. Even if the make and color of your incorrect, the ticket would still hold up in court. This site is protected by These are legal proceedings and we cant promise you that every case will end in our favor. 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). The driver will need to provide proof of the correct information via official documentation from the Department of Motor Vehicles. The specific requirements of a valid complaint are as follows: Art. For more information, please see our 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. Exceeding the speed limit by 16 to 29 km/h, Ticket not showing up online ticket search need some recommendation. Unread post Worse still, refusing to sign the ticket could have you taken to the station. You may want to wait a week and a half from the offence date and call the court to see whether or not the ticket was filed by the police officer.
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