Experience, preparation and good decision making help us to help our clients avoid points, surcharges, insurance increases and the other negatives that can easily result from a traffic ticket. kegman1 wrote: The time is wrong. Most drivers are scared to leave tickets unpaid, especially when the scam insists you may be sent to collections, lose your car, or even be arrested. Users browsing this forum: No registered users and 3 guests. If anyone has advice I'm all ears, Speeding Tickets, Traffic & Moving Violations, TheLaw.com has been providing free legal assistance online since 1995. No drivers licence number on a ticket is also not a fatal error. Okay so Ive read a bunch of these but a lot of the name issues were a simple typo. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. 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. New comments cannot be posted and votes cannot be cast. They don't really harm you in any way. I let it sit for a year and never received any notices about it, whatsoever. Incorrect Details on Your Ticket Before you do anything else, take a close look at the citation you were given by the officer. All Rights Reserved. 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,. What Is The Punishment Range For A State Jail Felony? 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. Provide us with some details on why you believe the citation issued is a mistake. 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. 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. If it's incorrect or only has what speed you were going, it could get your case dismissed. At my destination I checked my ticket out. If you disagree with any part of this disclaimer, do not use our website. These are legal proceedings and we cant promise you that every case will end in our favor. 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. code or county). After I was stopped I gave the deputy my license, insurance and registration for the truck. Short answer: No. 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. (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. While there are cases where this has been true in general this do not apply to the courts. 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. It is possible that the law may not apply to you and may have changed from the time a post was made. There is absolutely no point in arguing with the traffic officer. This field is for validation purposes and should be left unchanged. If the vehicle is not identified exactly, then there will be legitimate questions about the ticket itself and which car was allegedly parked improperly. The best we could determine was that the officer accidentally got his information from a previous traffic stop and handed it to this driver. Choose Your State. Does your ticket do these things? 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. 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. 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. We cant guarantee results. I received traffic ticket, but my full name is XXXXX XXXXX wrong on it. and our Business, Economics, and Finance. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. Name Wrong On Speeding Ticket What to do. it first needs to be corrected. All you need to do is prove the listed automobile is not your vehicle by providing documented proof of the correct info. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. 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. Small mistakes leading to dismissal of the charges is simply another traffic court myth. Disclaimer: The information contained on this website and any linked resource is intended to provide general information about legal matters to the public and does not constitute legal advice and should not be treated as such. The big issue is that you got someone elses ticket and possibly someone got yours! 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. 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. However he issued the ticket under my father name, birthday and driver license number. Hiring an attorney does not mean it will automatically be dismissed either. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. Why Should You Hire a Speeding Ticket Attorney? The question beyond that would be whether or not the officer's copy to be submitted to the court was the same. 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. We do not recommend that anyone substitute anything they read or learn on the internet for personal legal advice from competent legal counsel. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. CA Man Fights Traffic Ticket with Physics, How to Fight Traffic Tickets, Five Strategies that Work, Browse Traffic Ticket Lawyers by Location. Speeding Problems and Speeding Ticket Insurance. Under the description he listed "Improper Lane Usage" but the code actually referred to an "Improper Turn." 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. my son got a speeding ticket in nassau county, ny. by: Whenaxis on Thu Jan 05, 2017 6:14 pm. I guess people think "car lawyers" should handle tickets too. GameStop Moderna Pfizer Johnson & Johnson AstraZeneca Walgreens Best Buy Novavax SpaceX Tesla. What's the Fine for Disobeying a Traffic Control Device in NY? There has been a hot debate about the accuracy of radar guns and the cameras attached to the red lights. "Sorry, come back in 4 days.". Minor mistakes on your traffic ticket are unlikely to merit dismissing the charge. wrong name on traffic ticket . WE ARE OPEN and closely monitoring the court closures and COVID-19 situation. When that happens, you may have a chance of fighting the ticket or having traffic ticket lawyers do so for you. We reserve the right to modify these terms at any time. So, in 24 years of practicing law I have handled several hundred traffic tickets. Anyway, if I plead not guilty and go to traffic court, is it likely to be dismissed? The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. 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. You can be recharged via a summons for up to 6 months though this is unlikely. It's not brown, it's taupe! Copyright 2021 The Ticket Clinic. Still, this does not mean an automatic dismissal. The specific requirements of a valid complaint are as follows: Art. how did martin luther king jr change the world. The judge will ask you if you would like to cross-examine. about FindLaws newsletters, including our terms of use and privacy policy. (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. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. Let the officer use the wrong descriptions of the location, the violation or the identification of your vehicle to the court. Terms of Service apply. Please take a moment and Register today! Unread post I have even seen traffic tickets where the officer wrote the wrong citation number for the accused violation. The problem is that you cannot retain us to fight a ticket issued in someone else's name. Well discuss our goals and objectives but no attorney can ever guarantee how a case will conclude. 1995 - 2019 TheLaw.com LLC. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. Plus, many people think that the legal system is rife with technicalities and legalese and somehow a missing comma or an extra dot can ruin an otherwise-sound case. To prove you were guilty of violating the law, all elements of the offense have to be met. Worst case is that you are "deemed not to dispute the ticket" and are found guilty. 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. All information available on our site is available on an "AS-IS" basis. The content of this post is not legal advice. It outlines specifically what the prosecutor intends to prove at trial. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. Steve Lehto is a writer andattorneyfrom Michigan. 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. 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. Thus, while mistakes dont automatically help ones cause, they dont hurt either. Many of these things are. 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. When an officer pulls you over to issue a traffic ticket, you may be upset. What happens when the police give you the wrong ticket? You can't do traffic school as long as the citation is in your father's name. Can A Court Charge A Defendant For An Officers Overtime For A Traffic Ticket? 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. He also has apodcastwhere he talks about these things. We have helped over 300,000 people with their problems. First speeding ticket - what is the best option. In most states, a traffic ticket is simply a summons for you to appear in court for your offense. Even if the make and color of your incorrect, the ticket would still hold up in court. The name mistake was my last as my first, and my middle as my last and first as my middle. 0 found this answer helpful | 0 lawyers agree Mississippi Traffic Tickets Questions & Answers. (1) the original traffic ticket gave the defendant notice of the true nature of the offense; (2) the defendant was not deprived of a reasonable opportunity to prepare a defense; and (3) the amendment merely clarifies or amplifies the information in the original ticket. Mistakes get made. The only things that are correct is my car's license plate number. Towing people on toboggans, bicycles, skis, etc. PREMIUM. info@tickethelp.com. The following are examples of minor traffic ticket errors: The court can make amendments to a ticket that has minor mistakes. You will have a better chance of fighting and winning your citation if any of the mentioned factors affected your ticket. The officer has until the time of trial to amend the ticket. Like where an officer wrote the wrong name, address, license number and car description all on the same ticket. 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. There are so many myths about you being exempted from the case when errors are found in the speeding ticket Wrong. 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. 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. Obviously its not a big ticket. Unread post After all, the ticket is simply a description of a charge against you and a notice for you to appear and answer that charge. What is considered Actual Possession For Criminal Cases In Texas? +++ This is not legal advice, only my opinion +++. We recommend fighting almost all tickets. 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. 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. 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. This is the worst mistake a driver can make. So what I would do is NOT respond at all. For this reason, it is crucial that you do your best to win your traffic case. The best case scenario at this point would probably be that the JP quashes it. Generally, the prosecutor must prove that you were driving in that location at that date and time. All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay 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. If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation dismissed. (d) A complaint may be sworn to before any officer authorized to administer oaths. Feifer & Greenberg, LLP, 15 Maiden Lane, Suite 1208, New York, NY 10038, (888) 842-5384. Convictions quickly lead to surcharges, insurance increases and other complications. If you are looking for more information, please select the county you live in. However, if you lose the case, you will have to pay the citation as well as added court fees. Let it finish presenting his version of the "facts." Do not object or ask any questions of the officer, during, or after it finishes giving testimony. Or, he transposes a few digits of your driver's license. Though this could assist in getting the case dismissed, it is not as easy as one might think. 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. Exceeding the speed limit by 16 to 29 km/h, Ticket not showing up online ticket search need some recommendation. The use of the website does not create an attorney-client relationship. 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. If you feel you have been charged unfairly, simply. Officers often make errors on speeding tickets when they hurriedly or absentmindedly write the ticket. 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. 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. Our car experts choose every product we feature. Nothing presented on the website constitutes legal advice and shall not be relied upon in any way. More than the citation that you received, the complaint is what holds a little more merit in court. 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. 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. So start with the complaint and compare to the ticket.