Even if the current NY traffic tickets arent particularly harmful, you have an incentive to keep your record clean for the future. It takes decades to gain the knowledge on how to fight defects in traffic tickets and complaints in Texas. 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. How a Police Officers Accident Report Affects Your Car Accident Case. Unread post Of course, there are other errors that may occur on your speeding ticket. I guess people think "car lawyers" should handle tickets too. All Rights Reserved. It only takes a minute to, (You must log in or sign up to reply here.). mightymoose, May 28, 2010. +++ This is not legal advice, only my opinion +++. I have even seen traffic tickets where the officer wrote the wrong citation number for the accused violation. However, if you lose the case, you will have to pay the citation as well as added court fees. People wish this was the case because it would be fun to not have to pay for our driving misdeeds. There isnt the additional information, like address, date of birth, ID number, etc. Please note that our website is an Attorney Advertisement. 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? 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. In that case, if that ticket was submitted to the system that way, then there is a chance it will go away. Officers are often in a hurry, and sometimes they fail to include all the information needed on a ticket. They aren't required on e-tickets. Read or contribute to the latest legal news in. He specializes in Lemon Law and frequently writes about cars and the law. 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. They don't really harm you in any way. 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. The ticket has other identifying information, like your license number, your description, the car's plate number, etc. Steve Lehto is a writer andattorneyfrom Michigan. All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay the ticket. So there is a strategy and timing issue related to bringing up defects in tickets and complaints. 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. We cant guarantee results. The law is also subject to change from time to time and legal statutes and regulations vary between states. What you are promised in this country is Due Process and that is not as much as many people think. Hey, he got the color of your car wrong. Also, when a mistake is brought to the court's attention, the prosecutor can simply move . That said, proving this in court is hard. These are legal proceedings and we cant promise you that every case will end in our favor. Heres the fact it rarely happens that courts excuse minor mistakes on a ticket. Was there more than one person pulled over at the same time as you? Sign upwith DoNotPay today to get started. 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. Our most popular destinations for legal help are below. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. When a ticket bears a mistaken spelling of your name or a slight variation of your license plate number, a judge will likely just amend the ticket to reflect your real information and will not dismiss your case. The best case scenario at this point would probably be that the JP quashes it. 45.019. For more issues related to traffic ticket defenses. 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, Select the correct product based on your traffic ticket. Business, Economics, and Finance. and our 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. Check the date, time, and location of the ticket. If you are required to attend TVS, you must do so before the court-ordered completion date. how did martin luther king jr change the world. 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. Unread post WRONG INFORMATION ON A TRAFFIC TICKET - Beltz Law Firm 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. 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. If this happens, and you get notice of a conviction in the mail, then you can file an appeal. Select whether or not you want the letter mailed to the traffic ticket issuer on your behalf! ZIP Privacy Policy. reCAPTCHA and the Google Privacy Policy and 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 it's incorrect or only has what speed you were going, it could get your case dismissed. 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,. It's not brown, it's taupe! Officer flagged me down in a speed trap, issued me the ticket and I was on my way. Can an Ohio Traffic Ticket Be Dismissed If It States the Wrong Code For this reason, it is crucial that you do your best to win your traffic case. There are so many myths about you being exempted from the case when errors are found in the speeding ticket Wrong. by: Whenaxis on Sat Jan 07, 2017 5:43 pm. the cop wrote the wrong street name on a ticket. Can I get it - Quora 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. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. I would imagine that somebody else got a ticket with your information on it and you got theirs. If so, you're on the hook. 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. Well no signature means it is a fatal error. Blog All rights reserved. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. 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. (b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made. New York Traffic Ticket Lawyers | Feifer & Greenberg. This field is for validation purposes and should be left unchanged. The use of the website does not create an attorney-client relationship. Obviously its not a big ticket. 113. Read along to discover how DoNotPay can help you fight your traffic ticket. If you claim the ticket now does not apply to you because of a misspelling, it probably will not fly as a legitimate defense. Speeding Problems and Speeding Ticket Insurance. It is not a substitute for professional legal assistance. What Happens if a Cop Writes the Wrong Name on a Ticket 20 Tips If the traffic ticket has incorrect documentation of the make and model of the car, then the citation could be dismissed in court. But receiving a citation that lists incorrect information can be even more frustrating. My inclination is to not respond and wait for the conviction notice. Fatal errors come with caveats to a dismissal. Feifer & Greenberg, LLP, 15 Maiden Lane, Suite 1208, New York, NY 10038, (888) 842-5384. If you choose to fight your ticket, you can claim that you did not commit the wrongly cited traffic law in hopes that the officer does not remember you or why he actually pulled you over. 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? 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. But simply put: Scrivener's errors what civilians call "typos" will not void your ticket. 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 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. Court Allows Amendment of Ticket Citing Wrong Code Section (a) A complaint is sufficient, without regard to its form, if it substantially satisfies the following requisites: (2) it must commence In the name and by the authority of the State of Texas; (3) it must state the name of the accused, if known, or if unknown, must include a reasonably definite description of the accused; (4) it must show that the accused has committed an offense against the law of this state, or state that the affiant has good reason to believe and does believe that the accused has committed an offense against the law of this state; (5) it must state the date the offense was committed as definitely as the affiant is able to provide; (6) it must bear the signature or mark of the affiant; and. 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. Our car experts choose every product we feature. Contact us. Like where an officer wrote the wrong name, address, license number and car description all on the same ticket. I let it sit for a year and never received any notices about it, whatsoever. I received a ticket for not wearing my seat belt.
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