The ticket is used to complete this document. To fight a traffic ticket, you should know the specific law or speeding statute that you are accused of violating. "Sorry, come back in 4 days.". 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. 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. You should therefore check periodically for changes. 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. Best case is the officer does not file the tickets and/or the JP notices the errors and quashes them. 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. 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. Additionally, you signed the bottom of the ticket agreeing to come to court. The big issue is that you got someone elses ticket and possibly someone got yours! 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. (b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made. I received traffic ticket, but my full name is XXXXX XXXXX wrong on it. The law is also subject to change from time to time and legal statutes and regulations vary between states. It's not brown, it's taupe! 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. If a cop makes a mistake writing your ticket, you are most definitely not off the hook. PREMIUM. 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). 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. The only possible way this could matter is if the officer wrote the wrong appearance date on the ticket. Check the date, time, and location of the 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. Even the smallest mistake can be grounds for dismissal, but it all comes down to what the judge determines. Road & Track participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites. 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. 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. Okay so Ive read a bunch of these but a lot of the name issues were a simple typo. Doing this will have your traffic ticket held as confidential information. How do you handle cases statewide? Also, when a mistake is brought to the court's attention, the prosecutor can simply move . If he wrote for you to appear on the 14th when the court date was the 10th. 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. 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. Is this ticket valid? (888) 842 5384 (TicketHELP) Users browsing this forum: No registered users and 3 guests. 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. Blasphemy! "This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. info@tickethelp.com. Exceeding the speed limit by 16 to 29 km/h, Ticket not showing up online ticket search need some recommendation. 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. If you are required to attend TVS, you must do so before the court-ordered completion date. Feel free to call us for a free consultation at 212-683-7373 to discuss. You will have a better chance of fighting and winning your citation if any of the mentioned factors affected your ticket. Should I just pay my ticket or should I fight? We reserve the right to modify these terms at any time. There are, however, some mistakes that are fatal errors and can have your traffic ticket thrown out if handled in the proper manner at trial, some of which include the following: No accused's name on the traffic ticket at all Incorrect fine or total payable recorded on the traffic ticket The offence not properly listed on the traffic ticket first results that came up brings up some inaccurate results. So start with the complaint and compare to the ticket. But receiving a citation that lists incorrect information can be even more frustrating. 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. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. The question beyond that would be whether or not the officer's copy to be submitted to the court was the same. Is It Legal To Obscure Your License Plate? Think of it as an indictment based on the information contained in the ticket. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. 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 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. But simply put: Scrivener's errors what civilians call "typos" will not void your ticket. Here are three common errors to look for. It is simply a promise that you will appear in court on the scheduled date. So simply do not dispute the ticket or pay for the ticket - let the person identified in the ticket receive a notice of conviction. So it seems we are not in the best case scenario: where the cop realized there was an error and did not file. Update: Ok so I went to the online payments for www.toronto.ca/POA website and the ticket was indeed filed by the cop. When I drove away, I realized it wasnt even my ticket. Lets review what a complaintis and what it must have. Small mistakes leading to dismissal of the charges is simply another traffic court myth. Searching for the term what makes a citation invalid and clicking on one of the first results that came up brings up some inaccurate results. 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. What happens when the police give you the wrong ticket? Some common strategies include arguing: The Officer's Observations or Subjective Conclusions Dont even try to correct the errors of the officer instead, use these to your advantage. However, if you lose the case, you will have to pay the citation as well as added court fees. 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. Please take a moment and Register today! These are legal proceedings and we cant promise you that every case will end in our favor. They vary from state to state in form but they generally contain the same elements. How else would you give someone a ticket who has never had a licence? Terms of Service apply. The judge will ask you if you would like to cross-examine. Fatal errors come with caveats to a dismissal. It does certainly sound like there was a problem with the copy of the ticket that you received. The driver will need to provide proof of the correct information via official documentation from the Department of Motor Vehicles. It only takes a minute to, (You must log in or sign up to reply here.). by: OTD Legal on Thu Jan 05, 2017 4:32 pm. Mistakes get made. In that case, if that ticket was submitted to the system that way, then there is a chance it will go away. 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. Convictions quickly lead to surcharges, insurance increases and other complications. Short answer: No. Contact us. 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). Sit back and relax while we do the work. If you claim the ticket now does not apply to you because of a misspelling, it probably will not fly as a legitimate defense. Heres the fact it rarely happens that courts excuse minor mistakes on a ticket. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. All you need to do is prove the listed automobile is not your vehicle by providing documented proof of the correct info. Cop wrote 99km/h over 60km/h but was wrong. Can A Court Charge A Defendant For An Officers Overtime For A Traffic Ticket? However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. A complaint is a sworn document alleging the offense you committed. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. We have organized a statewide network of attorneys. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. 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. Sign upwith DoNotPay today to get started. code or county). Clients ask if these things aren't Get Out Of Jail Free cards. In the past few years, the accuracy of radar guns and cameras attached to red lights have been hotly debated. I tried to contact the deputy via Clerk of Courts and through his office as well to see how this matter could be resolved, to date I have not heard back from the deputy in anyway. Business, Economics, and Finance. So what I would do is NOT respond at all. If there is any incorrect information on the ticket, you'll probably be able to get it dismissed. If you wish to contest your traffic ticket but have no idea where to start, DoNotPay has got you covered in 5 easy steps. Crypto 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. Do you tell them immediately only to have them amend the defect? Towing people on toboggans, bicycles, skis, etc. Users of the website should not act, or decline to act, based on information or content from this website. Unread post >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. Chances are that if a traffic ticket has errors,the citation can be overturned or dismissed with the help of a traffic lawyer. It is possible that the law may not apply to you and may have changed from the time a post was made. wrong name on traffic ticket . Thus, while mistakes dont automatically help ones cause, they dont hurt either. Most of the things I've described above are merely clerical in nature. Thanks for the replies folks. New comments cannot be posted and votes cannot be cast. Nevertheless, the good news is that there is a cheaper and less stressful option to contest your case. 1 Answer | Asked in DUI / DWI and Traffic Tickets for Mississippi on Jul 24, 2022. 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. It outlines specifically what the prosecutor intends to prove at trial. No legal advice is being provided. All Rights Reserved. If you are looking for more information, please select the county you live in. I spell my name "Steven" and the ticket reads "Stephen." kegman1 wrote: The time is wrong. CA Man Fights Traffic Ticket with Physics, How to Fight Traffic Tickets, Five Strategies that Work, Browse Traffic Ticket Lawyers by Location. If the ticket has not been filed at that time, wait another week to call a second time. 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. 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. The purpose of the ticket is only to offer information regarding the offense. I would imagine that somebody else got a ticket with your information on it and you got theirs. While nobody enjoys paying a traffic ticket, DMV.ORG is here to make the process as pain-free as possible. What is considered Actual Possession For Criminal Cases In Texas? 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. When and where you must appear to contest your ticket. 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. Given the compounded errors, the Officer may not file the ticket with the court. No drivers licence number on a ticket is also not a fatal error. It's that simple! If you feel you have been charged unfairly, simply. Officers often make errors on speeding tickets when they hurriedly or absentmindedly write the ticket. Here's How to Challenge Them! There isnt the additional information, like address, date of birth, ID number, etc. The name was so messed up I never received any notices about the ticket because they didnt deliver due to the wrong name. Still, this does not mean an automatic dismissal. 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. (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. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. Read or contribute to the latest legal news in. New comments cannot be posted and votes cannot be cast. The use of the website does not create an attorney-client relationship. The best we could determine was that the officer accidentally got his information from a previous traffic stop and handed it to this driver. 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? 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. 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.