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. 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. Contact us. Of course, there are other errors that may occur on your speeding ticket. Home / Uncategorized / wrong name on traffic ticket. Leave it out and still sign the ticket. Look out for your traffic ticket issuer's response to discover whether you won. 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. You should therefore check periodically for changes. We reserve the right to modify these terms at any time. Please take a moment and Register today! by: kegman1 on Thu Jan 05, 2017 4:26 pm. 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. REQUISITES OF COMPLAINT. More than the citation that you received, the complaint is what holds a little more merit in court. There are likely other ways to win or obtain a favorable result, however. 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. Let the officer use the wrong descriptions of the location, the violation or the identification of your vehicle to the court. After I was stopped I gave the deputy my license, insurance and registration for the truck. Your office is in NYC. They vary from state to state in form but they generally contain the same elements. I would imagine that somebody else got a ticket with your information on it and you got theirs. first results that came up brings up some inaccurate results. You will have a better chance of fighting and winning your citation if any of the mentioned factors affected your ticket. WHAT IS A TRAFFIC TICKET COMPLAINT? ", Professional Drivers & Fleet Services Division. First speeding ticket - what is the best option. The individual state traffic code or municipal code can be broken down into elements. Hiring an attorney does not mean it will automatically be dismissed either. 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. 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. Business, Economics, and Finance. 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. 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. It outlines specifically what the prosecutor intends to prove at trial. 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. Wrong Summons Date A traffic citation is essentially a summons that requires you to appear in court to answer for your violation. After all, the ticket is simply a description of a charge against you and a notice for you to appear and answer that charge. 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. Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. my son got a speeding ticket in nassau county, ny. Or do you wait until trial so that they cannot fix it? He knocked me down to 10km over. 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? A place to discuss any general Highway Traffic Act related items. We can only guarantee that we will provide the best possible client service and legal representation. Our experts have carefully reviewed each state's regulations to create a step-by-step guide to the . Welcome to TheLaw.com! by: kegman1 on Thu Jan 05, 2017 9:43 pm. Thats it! Minor mistakes on your traffic ticket are unlikely to merit dismissing the charge. 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. There has been a hot debate about the accuracy of radar guns and the cameras attached to the red lights. (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. "This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. and. Name Wrong On Speeding Ticket What to do. 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. James Medows 306 Atlantic Avenue, Brooklyn, NY 11201 Email: jamesmedows@gmail.com Phone: (917) 856-1247 It only takes a minute to, (You must log in or sign up to reply here.). DoNotPay can help you contest traffic tickets in different cities, such as: DoNotPay has many other outstanding services to offer you, such as: And a lot more. 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. Examining Your Ticket. You have to request a copy of the complaint. When that happens, you may have a chance of fighting the ticket or having traffic ticket lawyers do so for you. You won't find any red-tape or legal jargon on our site, just the answers you need in an easy-to-understand format. Article 45.019 gives you the option to contest what is written in the complaint as well as the timeline for when that objection must be submitted. 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. All information available on our site is available on an "AS-IS" basis. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. How else would you give someone a ticket who has never had a licence? But if someone else has your ticket, technically the officer hasn't met the service requirements specified in s. 3(3) of the Provincial Offences Act: "The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred.". You should contact a local traffic ticket lawyer to see if there are other possible ways to try to fight the ticket. So what I would do is NOT respond at all. 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. Though this could assist in getting the case dismissed, it is not as easy as one might think. The name is COMPLETELY wrong and bears absolutely no resemblance to my name. However he issued the ticket under my father name, birthday and driver license number. Some common strategies include arguing: The Officer's Observations or Subjective Conclusions 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. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. In any case, we still do recommend looking over the ticket carefully. 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. He filed it anyway, although I am not sure if he filed it with the same information as what appears in my ticket. 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. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. 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. It is not a substitute for professional legal assistance. This is the worst mistake a driver can make. A minor error, such as a misspelled last name, will generally not result in the traffic ticket being dismissed. 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. If so, you're on the hook. Multiple small mistakes can make such an argument even more likely to succeed. Feel free to call us for a free consultation at 212-683-7373 to discuss. Unread post It does certainly sound like there was a problem with the copy of the ticket that you received. That said, proving this in court is hard. Crypto 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? Under the description he listed "Improper Lane Usage" but the code actually referred to an "Improper Turn." So, in 24 years of practicing law I have handled several hundred traffic tickets. I guess people think "car lawyers" should handle tickets too. Can A Court Charge A Defendant For An Officers Overtime For A Traffic Ticket? (888) 842 5384 (TicketHELP) The system is able to look up the ticket by the ticket number and location codes (whereas I was not able to before). All Rights Reserved. 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. Which laws were alleged to have been broken, The jurisdiction where you allegedly committed the offense, and. Nothing appearing on this site shall be considered legal advice and is presented only as a general statement of the law. by: kegman1 on Sat Jan 07, 2017 4:20 pm. The name was so messed up I never received any notices about the ticket because they didnt deliver due to the wrong name. Thanks! 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. If you want to legally beat each and every ticket you ever get make sure to check out the beat the system guide. Here are three common errors to look for. 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. 113. (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. 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. When an officer pulls you over to issue a traffic ticket, you may be upset. The following are examples of minor traffic ticket errors: The court can make amendments to a ticket that has minor mistakes. Weathering, high winds, and winter storms can all affect the precision of the shutter speed on traffic cameras, and the way officers handle the radar equipment, the purchase date, and the guns maintenance can all influence how well the sensitive instruments capture correct information. There are unfortunate times when you get pulled over for speeding then get issued with a ticket. Or, he transposes a few digits of your driver's license. 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.