Should I just pay my ticket or should I fight? 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. 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. 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. His most recent books include Preston Tucker and His Battle to Build the Car of Tomorrow, and Dodge Daytona and Plymouth Superbird: Design, Development, Production and Competition. 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. Of course, there are other errors that may occur on your speeding 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 following significant errors could lead to the cancellation of your traffic ticket: If the police officer lists the wrong license plate number, the wrong make, and model of the vehicle, or any other important identifying information, the traffic ticket can get thrown out. Mistakes on traffic tickets occur when officers are in a hurry or absentmindedly jot down incorrect information. i want to know if we could have the ticket dismissed because he has the wrong driver behind the wheel More The driver will need to provide proof of the correct information via official documentation from the Department of Motor Vehicles. You can have better chances of fighting your citation if any of these factors influence your ticket. Parking tickets are issued to a vehicle, not a person. I guess people think "car lawyers" should handle tickets too. Unlike a parking ticket, this type of error will NOT result in your case being dismissed. This document is actually used to prosecute you, not 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. Update: Ok so I went to the online payments for www.toronto.ca/POA website and the ticket was indeed filed by the cop. This is the worst mistake a driver can make. The name is COMPLETELY wrong and bears absolutely no resemblance to my name. The system is able to look up the ticket by the ticket number and location codes (whereas I was not able to before). All you need to do is prove the listed automobile is not your vehicle by providing documented proof of the correct info. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. I'm interested to see a ticket with so many errors on it! Examining Your Ticket. Though this could assist in getting the case dismissed, it is not as easy as one might think. >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. So it seems we are not in the best case scenario: where the cop realized there was an error and did not file. Can you post a photo of your ticket? 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?" It's not brown, it's taupe! Thanks for any help. If anyone has advice I'm all ears, Speeding Tickets, Traffic & Moving Violations, TheLaw.com has been providing free legal assistance online since 1995. One of the first things you are required to do is to sign it but then you find out that there are incorrect information on the ticket it may be that your name is wrong whats the best to do if caught up in such a situation? If you are required to attend TVS, you must do so before the court-ordered completion date. 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. When an officer pulls you over to issue a traffic ticket, you may be upset. Our most popular destinations for legal help are below. Sorry but it's true. Log-in to DoNotPay and go to the Ticket Disputes category. Read or contribute to the latest legal news in. The ticket has other identifying information, like your license number, your description, the car's plate number, etc. How else would you give someone a ticket who has never had a licence? CA Man Fights Traffic Ticket with Physics, How to Fight Traffic Tickets, Five Strategies that Work, Browse Traffic Ticket Lawyers by Location. We do not recommend that anyone substitute anything they read or learn on the internet for personal legal advice from competent legal counsel. Small mistakes leading to dismissal of the charges is simply another traffic court myth. New comments cannot be posted and votes cannot be cast. If the defect is jurisdictional or based on constitutional violations and you do not bring up the issue, you can also waive your right to bring up the defect. 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 ticket should list the fine amount, the alleged offense, and the summons date. If he wrote for you to appear on the 14th when the court date was the 10th. All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay the ticket. We fight these types of cases in New York all the time so we'd be happy to help. 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. I received traffic ticket, but my full name is XXXXX XXXXX wrong on it. People wish this was the case because it would be fun to not have to pay for our driving misdeeds. You should therefore check periodically for changes. 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. All information available on our site is available on an "AS-IS" basis. and. GameStop Moderna Pfizer Johnson & Johnson AstraZeneca Walgreens Best Buy Novavax SpaceX Tesla. +++ This is not legal advice, only my opinion +++. Legal Disclaimer: The content appearing on our website is for general information purposes only. Court Allows Amendment of Ticket Citing Wrong Code Section ** <<, Beat a Speeding Ticket powered by Expert WordPress | Sitemap. Officers often make errors on speeding tickets when they hurriedly or absentmindedly write the ticket. by: kegman1 on Sat Jan 07, 2017 4:20 pm. However he issued the ticket under my father name, birthday and driver license number. We have organized a statewide network of attorneys. 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. More than the citation that you received, the complaint is what holds a little more merit in court. WE ARE OPEN and closely monitoring the court closures and COVID-19 situation. I received a ticket for not wearing my seat belt. Even if the current NY traffic tickets arent particularly harmful, you have an incentive to keep your record clean for the future. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. There are unfortunate times when you get pulled over for speeding then get issued with a ticket. There are so many myths about you being exempted from the case when errors are found in the speeding ticket Wrong. 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. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. It is not typically considered evidence that calls into question the credibility of the officer who pulled you over. The website is maintained for informational purposes only. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. Our car experts choose every product we feature. Which laws were alleged to have been broken, The jurisdiction where you allegedly committed the offense, and. What Is a Bench Warrant for Traffic Ticket? Lets review what a complaintis and what it must have. 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 . Hey, he got the color of your car wrong. These are legal proceedings and we cant promise you that every case will end in our favor. Your office is in NYC. 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. Users browsing this forum: No registered users and 3 guests. 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. 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. I would guess the officer mixed up the drivers. Wrong Summons Date A traffic citation is essentially a summons that requires you to appear in court to answer for your violation. Your name, date of birth, address, license number, and vehicle make, model, color and plate, etc. Unread post As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. 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. Contact us. But if he does, the mistake on the ticket won't save you. Given the compounded errors, the Officer may not file the ticket with the court. Unread post 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. 1995 - 2019 TheLaw.com LLC. 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. 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. 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. So what I would do is NOT respond at all. Name Wrong On Speeding Ticket What to do. For this reason, it is crucial that you do your best to win your traffic case. So start with the complaint and compare to the ticket.