Think of it as an indictment based on the information contained in the ticket. 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. The name is COMPLETELY wrong and bears absolutely no resemblance to my name. The content is not guaranteed to be correct, complete, or up-to-date. Sorry but it's true. 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. 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. 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. For more issues related to traffic ticket defensesclick the preceding link. 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. If the conviction notice comes in then I know they got my address right and the cop fixed the errors? 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. WE ARE OPEN and closely monitoring the court closures and COVID-19 situation. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. A place to discuss any general Highway Traffic Act related items. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. 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. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. Unread post Nothing appearing on this site shall be considered legal advice and is presented only as a general statement of the law. Your Privacy Choices: Opt Out of Sale/Targeted Ads. by: ynotp on Sat Jan 07, 2017 8:47 pm. Even the smallest mistake can be grounds for dismissal, but it all comes down to what the judge determines. by: OTD Legal on Thu Jan 05, 2017 4:32 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. 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. Contact us. code or county). People wish this was the case because it would be fun to not have to pay for our driving misdeeds. define('DISALLOW_FILE_MODS', true); Learn How to Beat a Speeding Ticket without Expensive Lawyer Fees. Lets review what a complaintis and what it must have. Fatal error? If you are looking for more information, please select the county you live in. The only things that are correct is my car's license plate number. You will need to show up to court and explain it, and in doing so ask for traffic school. You can be recharged via a summons for up to 6 months though this is unlikely. Fatal Traffic Errors These are the types of traffic ticket mistakes that may or should get the ticket canceled. Generally, the prosecutor must prove that you were driving in that location at that date and time. 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. While there are cases where this has been true in general this do not apply to the courts. The big issue is that you got someone elses ticket and possibly someone got yours! These are legal proceedings and we cant promise you that every case will end in our favor. It's not brown, it's taupe! by: Whenaxis on Thu Jan 05, 2017 6:14 pm. 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). We have organized a statewide network of attorneys. Update: Ok so I went to the online payments for www.toronto.ca/POA website and the ticket was indeed filed by the cop. by: Decatur on Thu Jan 05, 2017 10:48 pm, No signature on an electronic ticket is not a fatal error. Speeding Problems and Speeding Ticket Insurance. Please note that our website is an Attorney Advertisement. Cookie Notice Remember your lawyer is not a magician and for every legal argument made on your behalf, there is usually an equally compelling counter-argument that is presented to the judge by the prosecutor. There is no Driver's license Number - it's blank. 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. Blasphemy! It's that simple! Please take a moment and Register today! 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. How else would you give someone a ticket who has never had a licence? (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. Best case is the officer does not file the tickets and/or the JP notices the errors and quashes them. There is absolutely no point in arguing with the traffic officer. 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. There are two main types of traffic ticket errors that you should always be on the lookout for: Minor traffic ticket errors are often not that serious and are easily fixable by the court. Name Wrong On Speeding Ticket What to do. If you disagree with any part of this disclaimer, do not use our website. It is not a substitute for professional legal assistance. Well no signature means it is a fatal error. This is one argument you will never win. 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? Dont even try to correct the errors of the officer instead, use these to your advantage. So it seems we are not in the best case scenario: where the cop realized there was an error and did not file. 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. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. 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. Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend, Unread post Okay so Ive read a bunch of these but a lot of the name issues were a simple typo. 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. First of all, the officer should mention the location of offense in direct arguments. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. Worst case is that you are "deemed not to dispute the ticket" and are found guilty. You can have better chances of fighting your citation if any of these factors influence your ticket. The content of this post is not legal advice. 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. i want to know if we could have the ticket dismissed because he has the wrong driver behind the wheel More James Medows 306 Atlantic Avenue, Brooklyn, NY 11201 Email: jamesmedows@gmail.com Phone: (917) 856-1247 If the vehicle is not identified exactly, then there will be legitimate questions about the ticket itself and which car was allegedly parked improperly. 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. 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. I know there are some people who have never been ticketed but most of us have seen a citation or two. Multiple small mistakes can make such an argument even more likely to succeed. At my destination I checked my ticket out. PREMIUM. It really boils down to this: You get notice of the charges against you and the opportunity to dispute them. New comments cannot be posted and votes cannot be cast. Log-in to DoNotPay and go to the Ticket Disputes category. Other Tips for Dismissal The law is also subject to change from time to time and legal statutes and regulations vary between states. At most times, officers are often in a hurry and may fail to record all the required information. wrong name on traffic ticket . When an officer pulls you over to issue a traffic ticket, you may be upset. They would then reschedule you for a later date. 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). If it's incorrect or only has what speed you were going, it could get your case dismissed. You will have a better chance of fighting and winning your citation if any of the mentioned factors affected your ticket. reCAPTCHA and the Google Privacy Policy and Business, Economics, and Finance. No legal advice is being provided. General Talk - Discuss General Traffic Related Topics Here! What Is a Bench Warrant for Traffic Ticket? Though this could assist in getting the case dismissed, it is not as easy as one might think. Worse still, refusing to sign the ticket could have you taken to the station. Thus, while mistakes dont automatically help ones cause, they dont hurt either. If a cop makes a mistake writing your ticket, you are most definitely not off the hook. I will wait and see and update the thread when this resolves one way or the other. Still, this does not mean an automatic dismissal. And the court can usually amend the ticket that is, simply correct it. Under the description he listed "Improper Lane Usage" but the code actually referred to an "Improper Turn." How can our traffic ticket lawyers help you? To prove you were guilty of violating the law, all elements of the offense have to be met. 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. New ticket scams target drivers throughout the United States, capturing personal information, stealing money and identities, and installing viruses and malware. This field is for validation purposes and should be left unchanged. 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 name mistake was my last as my first, and my middle as my last and first as my middle. If anyone has advice I'm all ears, Speeding Tickets, Traffic & Moving Violations, TheLaw.com has been providing free legal assistance online since 1995. When this happens, you may have a golden opportunity to contest the ticket, even when you were in the wrong. We cant guarantee results. In all honesty, it means that fighting a traffic ticket is a lot more complex than it seems. 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. For this reason, it is crucial that you do your best to win your traffic case. If this happens, and you get notice of a conviction in the mail, then you can file an appeal. 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. I received a ticket for not wearing my seat belt. 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. (b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made. 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. Check the date, time, and location of the ticket. how did martin luther king jr change the world. If the traffic ticket has incorrect documentation of the make and model of the car, then the citation could be dismissed in court. After all, the ticket is simply a description of a charge against you and a notice for you to appear and answer that charge. Is It Legal To Obscure Your License Plate? What's the Fine for Disobeying a Traffic Control Device in NY? Exceeding the speed limit by 16 to 29 km/h, Ticket not showing up online ticket search need some recommendation. Officers are often in a hurry, and sometimes they fail to include all the information needed on a ticket. 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. 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. Examining Your Ticket. 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. Multiple small mistakes can make such an argument even more likely to succeed. The police officer instead of my first and last names wrote the name of my city. If he wrote for you to appear on the 14th when the court date was the 10th. If the ticket has been filed, you can then decide whether to retain a paralegal or proceed on your own in addressing the original issue. 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. Why Should You Hire a Speeding Ticket Attorney? Here's How to Challenge Them! Home / Uncategorized / wrong name on traffic ticket. All information available on our site is available on an "AS-IS" basis. Unread post 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. 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. 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. Privacy Policy. Let the officer use the wrong descriptions of the location, the violation or the identification of your vehicle to the court. Aftermarket Parts Won't Void Your Warranty, A Traffic Ticket Won't Be Thrown Out Because the Cop Made a Typo. Welcome to TheLaw.com! Thanks for the replies folks. my son got a speeding ticket in nassau county, ny. Out-of-state Drivers With NY Traffic Ticket, New York Unsafe Lane Change Tickets Lawyer. But receiving a citation that lists incorrect information can be even more frustrating. It only takes a minute to, (You must log in or sign up to reply here.). Like where an officer wrote the wrong name, address, license number and car description all on the same ticket. The transmission of information via the website does not create an attorney-client relationship between you and The Ticket Clinic, A Law Firm. All you need to do is prove the listed automobile is not your vehicle by providing documented proof of the correct info. The question beyond that would be whether or not the officer's copy to be submitted to the court was the same. My inclination is to not respond and wait for the conviction notice. Thats it! To fight a traffic ticket, you should know the specific law or speeding statute that you are accused of violating. first results that came up brings up some inaccurate results. Still, this does not mean an automatic dismissal. The use of the website does not create an attorney-client relationship. Mind you, I never received any notices. 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. This really depends on the court and the prosecutor. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Q: If an officer charge u with a dui and put the wrong vehicle information on the ticket can it be dismissed. No drivers license also means it is a fatal error. Incorrect Details on Your Ticket Before you do anything else, take a close look at the citation you were given by the officer. I would guess the officer mixed up the drivers. The system is able to look up the ticket by the ticket number and location codes (whereas I was not able to before). Unread post +++ This is not legal advice, only my opinion +++. So there is a strategy and timing issue related to bringing up defects in tickets and complaints. First speeding ticket - what is the best option. We can only guarantee that we will provide the best possible client service and legal representation. Here are three common errors to look for. Nothing presented on the website constitutes legal advice and shall not be relied upon in any way. NO ATTORNEY-CLIENT RELATIONSHIP. Given the compounded errors, the Officer may not file the ticket with the court. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Which laws were alleged to have been broken, The jurisdiction where you allegedly committed the offense, and. If you are required to attend TVS, you must do so before the court-ordered completion date. The Ticket Clinic, A Law Firm is not liable for the use, or interpretation, of information contained on the website or otherwise presented on accessed through the website, and expressly disclaims all liability for any actions you take or do not take, based on the website's content. This is important as many states like California will add a steep civil penalty to your ticket for failing to appear on your court date without good cause. 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. "Sorry, come back in 4 days.". Read or contribute to the latest legal news in. 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. You won't find any red-tape or legal jargon on our site, just the answers you need in an easy-to-understand format. Officer flagged me down in a speed trap, issued me the ticket and I was on my way. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. The best case scenario at this point would probably be that the JP quashes it. Can A Court Charge A Defendant For An Officers Overtime For A Traffic Ticket? and our They vary from state to state in form but they generally contain the same elements. 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. However he issued the ticket under my father name, birthday and driver license number. Leave it out and still sign the ticket. Nothing in this article prohibits a trial court from requiring that an objection to a charging instrument be made at an earlier time. If you claim the ticket now does not apply to you because of a misspelling, it probably will not fly as a legitimate defense. 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. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. The common belief is that cases can simply be dismissed by showing up to court and saying, I drove a midnight blue car and the officer wrote black, I have two last names and the officer wrote one as my middle name, The ticket says its a 93 but the car is a 94.