by: kegman1 on Thu Jan 05, 2017 4:26 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. 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. This is one argument you will never win. code or county). The law is also subject to change from time to time and legal statutes and regulations vary between states. Legal Corner: If my name is misspelled on a traffic ticket, is - KPLC The myth likely comes from parking tickets where small errors on the ticket are much more damaging. 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. Thanks for the replies folks. Hiring an attorney does not mean it will automatically be dismissed either. In the past few years, the accuracy of radar guns and cameras attached to red lights have been hotly debated. Steve Lehto is a writer andattorneyfrom Michigan. If you don't get it corrected then obviously your father will have a mess on his hands. Feifer & Greenberg, LLP, 15 Maiden Lane, Suite 1208, New York, NY 10038, (888) 842-5384. The ticket should list the fine amount, the alleged offense, and the summons date. by: Whenaxis on Thu Jan 05, 2017 6:14 pm. 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. And the court can usually amend the ticket that is, simply correct it. 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. Log-in to DoNotPay and go to the Ticket Disputes category. first results that came up brings up some inaccurate results. I let it sit for a year and never received any notices about it, whatsoever. Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend, Unread post Can a speeding ticket be dismissed if the wrong date of birth is - Avvo You have to request a copy of the complaint. You will need a competent and experienced traffic attorney to represent you in court. Your name, date of birth, address, license number, and vehicle make, model, color and plate, etc. Still, this does not mean an automatic dismissal. Learn more But receiving a citation that lists incorrect information can be even more frustrating. 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? Our car experts choose every product we feature. 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. Speeding Problems and Speeding Ticket Insurance. This really depends on the court and the prosecutor. Mistakes on traffic tickets occur when officers are in a hurry or absentmindedly jot down incorrect information. Dont even try to correct the errors of the officer instead, use these to your advantage. Users browsing this forum: No registered users and 3 guests. Copyright 2021 The Ticket Clinic. There are likely other ways to win or obtain a favorable result, however. 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. I'm thinking that the ticket that you got may have been someone else's ticket, and someone else may have your ticket. If the conviction notice comes in then I know they got my address right and the cop fixed the errors? The ticket should list the fine amount, the alleged offense, and the summons date. Chances are that if a traffic ticket has errors,the citation can be overturned or dismissed with the help of a traffic lawyer. The ticket is used to complete this document. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. 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. Nothing presented on the website constitutes legal advice and shall not be relied upon in any way. The transmission of information via the website does not create an attorney-client relationship between you and The Ticket Clinic, A Law Firm. by: Decatur on Thu Jan 05, 2017 10:48 pm, No signature on an electronic ticket is not a fatal error. 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. Can you post a photo of your ticket? We can only guarantee that we will provide the best possible client service and legal representation. All information available on our site is available on an "AS-IS" basis. Mistakes on Traffic Tickets? Here's How to Challenge Them! When and where you must appear to contest your ticket. They vary from state to state in form but they generally contain the same elements. 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. i want to know if we could have the ticket dismissed because he has the wrong driver behind the wheel More All Rights Reserved. You'd show up late but the court would probably forgive you since you had good cause. 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. (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. So, in 24 years of practicing law I have handled several hundred traffic tickets. Is It Legal To Obscure Your License Plate? The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. Ticket scams prey on fear. The driver will need to provide proof of the correct information via official documentation from the Department of Motor Vehicles. What Happens if a Cop Writes the Wrong Name on a Ticket 20 Tips 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. 5 Traffic Ticket Errors that Support Your Case in Court | Traffic Out-of-state Drivers With NY Traffic Ticket, New York Unsafe Lane Change Tickets Lawyer. >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. Well no signature means it is a fatal error. My inclination is to not respond and wait for the conviction notice. The purpose of the ticket is only to offer information regarding the offense. There is no Driver's license Number - it's blank. ", Professional Drivers & Fleet Services Division. If the traffic ticket has incorrect documentation of the make and model of the car, then the citation could be dismissed in court. Or, he transposes a few digits of your driver's license. I would imagine that somebody else got a ticket with your information on it and you got theirs. Mistakes on Traffic Tickets? He filed it anyway, although I am not sure if he filed it with the same information as what appears in my ticket. Which laws were alleged to have been broken, The jurisdiction where you allegedly committed the offense, and. 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. wrong name on my traffic ticket - justanswer.com The ticket has other identifying information, like your license number, your description, the car's plate number, etc. You can have better chances of fighting your citation if any of these factors influence your ticket. 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. Your office is in NYC. PREMIUM. Stay up-to-date with how the law affects your life. Myth: If the officer makes a single mistake on your traffic ticket, the The officer has until the time of trial to amend the ticket. Issued ticket with wrong name, address, driver's license number - Avvo 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 youre lucky enough to get your case dismissed. Okay so Ive read a bunch of these but a lot of the name issues were a simple typo. Feel free to call us for a free consultation at 212-683-7373 to discuss. Incorrect Information On Your Speeding Ticket - Streetdirectory.com (e) A complaint in municipal court may be sworn to before: (2) the clerk of the court or a deputy clerk; (4) the city attorney or a deputy city attorney. New comments cannot be posted and votes cannot be cast. Provide us with some details on why you believe the citation issued is a mistake. Of course, there are other errors that may occur on your speeding ticket. Meeting with a lawyer can help you understand your options and how to best protect your rights. A place to discuss any general Highway Traffic Act related items. Unread post Choose Your State. But that's not how it works. Thus, while mistakes dont automatically help ones cause, they dont hurt either. 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). We have organized a statewide network of attorneys. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case. These are legal proceedings and we cant promise you that every case will end in our favor. that could be considered. Wrong Summons Date A traffic citation is essentially a summons that requires you to appear in court to answer for your violation. Some common strategies include arguing: The Officer's Observations or Subjective Conclusions Officers often make errors on speeding tickets when they hurriedly or absentmindedly write the ticket. 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. Select whether or not you want the letter mailed to the traffic ticket issuer on your behalf! Nothing appearing on this site shall be considered legal advice and is presented only as a general statement of the law. 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. We reserve the right to modify these terms at any time. by: kegman1 on Sat Jan 07, 2017 4:20 pm. I have heard of one or two extreme cases where massive errors on tickets apparently caused the tickets to go away. about FindLaws newsletters, including our terms of use and privacy policy. Cookie Notice by: ynotp on Sat Jan 07, 2017 8:47 pm. If you feel you have been charged unfairly, simply. 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. Wrong name on the traffic citation TheLaw.com
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