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, 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. To fight a traffic ticket, you should know the specific law or speeding statute that you are accused of violating. 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. WE ARE OPEN and closely monitoring the court closures and COVID-19 situation. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend, Unread post It is not a substitute for professional legal assistance. Mistakes get made. 0 found this answer helpful | 0 lawyers agree 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. I would imagine that somebody else got a ticket with your information on it and you got theirs. REQUISITES OF COMPLAINT. Choose Your State. What Is The Punishment Range For A State Jail Felony? It outlines specifically what the prosecutor intends to prove at trial. For this reason, it is crucial that you do your best to win your traffic case. Thanks for any help. 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. However, this is still improper service as you were not served with an Offence Notice with your name and address and drivers license on it (also a fatal error). No drivers license also means it is a fatal error. Last year I was pulled over in PA for doing 5 over. More than the citation that you received, the complaint is what holds a little more merit in court. Ticket scams prey on fear. If you don't get it corrected then obviously your father will have a mess on his hands. There has been a hot debate about the accuracy of radar guns and the cameras attached to the red lights. Let the officer use the wrong descriptions of the location, the violation or the identification of your vehicle to the court. Was there more than one person pulled over at the same time as you? The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. 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. 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. How can our traffic ticket lawyers help you? How to Supercharge the Air Going Into Your Engine, The CT4-V Blackwing Is One of the All-Time Greats, Watch This Abandoned E39 M5 Get an AMMO NYC Detail, VW Dealer Apologizes for Slurs on Oil Stickers, Four Ferraris Stolen From New York Service Center, Avoid Getting Ripped Off When You Buy a Used Car, The Sad Story of the Tucker 48 Killed in a Fire, What to Know When Shopping at a Car Dealer, Tucker Designed the World's Most Radical Pickup. 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 Does your ticket do these things? Unread post As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. "Sorry, come back in 4 days.". Please note that our website is an Attorney Advertisement. code or county). Also, when a mistake is brought to the court's attention, the prosecutor can simply move . 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. You won't find any red-tape or legal jargon on our site, just the answers you need in an easy-to-understand format. Mistakes on traffic tickets occur when officers are in a hurry or absentmindedly jot down incorrect information. The system is able to look up the ticket by the ticket number and location codes (whereas I was not able to before). We reserve the right to modify these terms at any time. Your name, date of birth, address, license number, and vehicle make, model, color and plate, etc. Examining Your Ticket. Is this ticket valid? This document is actually used to prosecute you, not the ticket. 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. This field is for validation purposes and should be left unchanged. Having said that, the officer can still give you the right ticket within 30 days of the alleged offence, if he realizes his error. The transmission of information via the website does not create an attorney-client relationship between you and The Ticket Clinic, A Law Firm. You should strongly consider any decision to pay a ticket without fighting. If you get pulled over by the traffic officer for a traffic violation for one reason or another, chances are that the police officer will issue you a traffic ticket. Read along to discover how DoNotPay can help you fight your traffic ticket. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. He filed it anyway, although I am not sure if he filed it with the same information as what appears in my ticket. +++ This is not legal advice, only my opinion +++. Log-in to DoNotPay and go to the Ticket Disputes category. But receiving a citation that lists incorrect information can be even more frustrating. However he issued the ticket under my father name, birthday and driver license number. New ticket scams target drivers throughout the United States, capturing personal information, stealing money and identities, and installing viruses and malware. 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. 1. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. Can A Court Charge A Defendant For An Officers Overtime For A Traffic Ticket? I'm thinking that the ticket that you got may have been someone else's ticket, and someone else may have your ticket. 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. Thanks for the replies folks. He specializes in Lemon Law and frequently writes about cars and the law. Minor mistakes on your traffic ticket are unlikely to merit dismissing the charge. The content is not guaranteed to be correct, complete, or up-to-date. A minor error, such as a misspelled last name, will generally not result in the traffic ticket being dismissed. 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. 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. 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. Cop wrote 99km/h over 60km/h but was wrong. They aren't required on e-tickets. 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. by: ynotp on Sat Jan 07, 2017 8:47 pm. 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. We have helped over 300,000 people with their problems. PREMIUM. You should contact a local traffic ticket lawyer to see if there are other possible ways to try to fight the ticket. 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? The ticket should contain essential information such as the alleged charge, the amount of the fine, and the summon date. How else would you give someone a ticket who has never had a licence? Given the compounded errors, the Officer may not file the ticket with the court. Learn more But if he does, the mistake on the ticket won't save you. Unread post Somewhere around the middle there is a section covering errors on a citation. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. My inclination is to not respond and wait for the conviction notice. All Rights Reserved. We do not recommend that anyone substitute anything they read or learn on the internet for personal legal advice from competent legal counsel. A complaint is a sworn document alleging the offense you committed. All you need to do is prove the listed automobile is not your vehicle by providing documented proof of the correct info. Users browsing this forum: No registered users and 3 guests. 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?" 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. what should i do in this case? ", Professional Drivers & Fleet Services Division. When a defendant shows up in court for a traffic ticket, he or she can complain about the mistaken ticket. Name on traffic ticket is wrong I received a ticket for not wearing my seat belt. They caught a lot of people in the speed trap. Contact us. We will always honestly assess your case (both good and bad) and set realistic expectations during your consultation. I would guess the officer mixed up the drivers. To prove you were guilty of violating the law, all elements of the offense have to be met. it first needs to be corrected. I know there are some people who have never been ticketed but most of us have seen a citation or two. Ask a Question About Traffic Violations in Our Community Forum (FindLaw Answers). New comments cannot be posted and votes cannot be cast. 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. Our car experts choose every product we feature. You should therefore check periodically for changes. So simply do not dispute the ticket or pay for the ticket - let the person identified in the ticket receive a notice of conviction. Incorrect Details on Your Ticket Before you do anything else, take a close look at the citation you were given by the officer. 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. >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. You can't do traffic school as long as the citation is in your father's name. This field is for validation purposes and should be left unchanged. I received traffic ticket, but my full name is XXXXX XXXXX wrong on it. Crypto A place to discuss any general Highway Traffic Act related items. If so, you're on the hook. Youll receive an appeal letter that contains state vehicle codes to boost your case. 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 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. Mistakes on Traffic Tickets: License to Dismiss? by: kegman1 on Thu Jan 05, 2017 4:26 pm. 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. 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. 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. Still, this does not mean an automatic dismissal. Is It Legal To Obscure Your License Plate? 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. 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. So what I would do is NOT respond at all. Provide us with some details on why you believe the citation issued is a mistake. The police officer instead of my first and last names wrote the name of my city. How a Police Officers Accident Report Affects Your Car Accident Case. Other Tips for Dismissal Still, this does not mean an automatic dismissal. CA Man Fights Traffic Ticket with Physics, How to Fight Traffic Tickets, Five Strategies that Work, Browse Traffic Ticket Lawyers by Location. For more information, please see our Steve Lehto is a writer andattorneyfrom Michigan. Here are three common errors to look for. The ticket has other identifying information, like your license number, your description, the car's plate number, etc. 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. 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. It is not typically considered evidence that calls into question the credibility of the officer who pulled you over. 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. 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). 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. If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation dismissed. by: Whenaxis on Thu Jan 05, 2017 6:14 pm. If you decide to hire a traffic lawyer, you should be prepared to part with a lot of money in legal fees. Unread post When and where you must appear to contest your ticket. reCAPTCHA and the Google Privacy Policy and The specific requirements of a valid complaint are as follows: Art. No legal advice is being provided. wrong name on traffic ticket . If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. 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. There are likely other ways to win or obtain a favorable result, however. We recommend fighting almost all tickets. New York Traffic Ticket Lawyers | Feifer & Greenberg. 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. The driver will need to provide proof of the correct information via official documentation from the Department of Motor Vehicles. If the traffic ticket has incorrect documentation of the make and model of the car, then the citation could be dismissed in court. 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. So there is a strategy and timing issue related to bringing up defects in tickets and complaints. And the court can usually amend the ticket that is, simply correct it. "This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. my son got a speeding ticket in nassau county, ny. Wrong Summons Date A traffic citation is essentially a summons that requires you to appear in court to answer for your violation. If this happens, and you get notice of a conviction in the mail, then you can file an appeal. 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. 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. You will need a competent and experienced traffic attorney to represent you in court. If anyone has advice I'm all ears, Speeding Tickets, Traffic & Moving Violations, TheLaw.com has been providing free legal assistance online since 1995. Or are the circumstances not crazy enough to warrant this and the judge will just amend it? By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. What's the Fine for Disobeying a Traffic Control Device in NY? Parking tickets are issued to a vehicle, not a person. If the conviction notice comes in then I know they got my address right and the cop fixed the errors? 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. first results that came up brings up some inaccurate results. Sit back and relax while we do the work. The problem is that you cannot retain us to fight a ticket issued in someone else's name. But simply put: Scrivener's errors what civilians call "typos" will not void your ticket. If there is any incorrect information on the ticket, you'll probably be able to get it dismissed. Worse still, refusing to sign the ticket could have you taken to the station. There is no Driver's license Number - it's blank. If you want to legally beat each and every ticket you ever get make sure to check out the beat the system guide. 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. Thanks! You will need to show up to court and explain it, and in doing so ask for traffic school. Nevertheless, the good news is that there is a cheaper and less stressful option to contest your case. Feel free to call us for a free consultation at 212-683-7373 to discuss. ** <<, Beat a Speeding Ticket powered by Expert WordPress | Sitemap.