I would guess the officer mixed up the drivers. The following are examples of minor traffic ticket errors: Incorrect location Wrongly spelling the name of a location Wrong time Improper description of the vehicle The court can make amendments to a ticket that has minor mistakes. 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. Fatal errors come with caveats to a dismissal. Dont even try to correct the errors of the officer instead, use these to your advantage. Examining Your Ticket. 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. Should I just pay my ticket or should I fight? The ticket has other identifying information, like your license number, your description, the car's plate number, etc. by: Whenaxis on Thu Jan 05, 2017 6:14 pm. 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.
What if my traffic ticket has a misspelled or incorrect name on - Quora When that happens, you may have a chance of fighting the ticket or having traffic ticket lawyers do so for you. Worse still, refusing to sign the ticket could have you taken to the station. For more information, please see our For this reason, it is crucial that you do your best to win your traffic case. The police officer instead of my first and last names wrote the name of my city. This field is for validation purposes and should be left unchanged. 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. We will always honestly assess your case (both good and bad) and set realistic expectations during your consultation. 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. Last year I was pulled over in PA for doing 5 over. wrong name on traffic ticket . Or, he transposes a few digits of your driver's license. How can our traffic ticket lawyers help you? Multiple small mistakes can make such an argument even more likely to succeed. New comments cannot be posted and votes cannot be cast. And the court can usually amend the ticket that is, simply correct it. The ticket should contain essential information such as the alleged charge, the amount of the fine, and the summon date. The website is maintained for informational purposes only. You won't find any red-tape or legal jargon on our site, just the answers you need in an easy-to-understand format. Doing this will have your traffic ticket held as confidential information. 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. 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. For more issues related to traffic ticket defensesclick the preceding link. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. Please take a moment and Register today! No drivers licence number on a ticket is also not a fatal error. info@tickethelp.com. 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. Feel free to call us for a free consultation at 212-683-7373 to discuss. Home / Uncategorized / wrong name on traffic ticket. Given the compounded errors, the Officer may not file the ticket with the court. I spell my name "Steven" and the ticket reads "Stephen." 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. Note that signing the ticket does not mean that you admit guilt. Here's How to Challenge Them! To prove you were guilty of violating the law, all elements of the offense have to be met. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The myth likely comes from parking tickets where small errors on the ticket are much more damaging. Nevertheless, the good news is that there is a cheaper and less stressful option to contest your case. My question is could I have this ticket dismissed based on the fact that the deputy issued it to the wrong person (who was not in the truck at the time of the incident) As well as have it dismissed for failure of the deputy to not try to amend this issue before it had to be brought to court. Short answer: No. Okay so Ive read a bunch of these but a lot of the name issues were a simple typo.
wrong name on traffic ticket : r/legaladvice (d) A complaint may be sworn to before any officer authorized to administer oaths. code or county).
wrong name on my traffic ticket - justanswer.com NO ATTORNEY-CLIENT RELATIONSHIP. Mind you, I never received any notices. Once the officer has significantly presented this perjured testimony to the court, that the best time for you to open up the errors on the speeding ticket. 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. Though this could assist in getting the case dismissed, it is not as easy as one might think. Further, prosecutors have the ability to amend defects in the complaint. 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. Some of it he or she is taking from a driver's license which might be in rough shape and it may be near the end of a shift. It is not a substitute for professional legal assistance. Local attorneys can draw on their particular local experiences and, with travel time and expense removed from the equation, help us keep our legal fees low. 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 . by: ynotp on Sat Jan 07, 2017 8:47 pm. 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. 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. Stay up-to-date with how the law affects your life. and our If you decide to hire a traffic lawyer, you should be prepared to part with a lot of money in legal fees. 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. They would then reschedule you for a later date. What is considered Actual Possession For Criminal Cases In Texas? 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. Unread post They vary from state to state in form but they generally contain the same elements. So, in 24 years of practicing law I have handled several hundred traffic tickets. I know there are some people who have never been ticketed but most of us have seen a citation or two. You have to request a copy of the complaint. 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. To fight a traffic ticket, you should know the specific law or speeding statute that you are accused of violating. The name is COMPLETELY wrong and bears absolutely no resemblance to my name. The ticket should list the fine amount, the alleged offense, and the summons date. The best case scenario at this point would probably be that the JP quashes it. 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. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. If it was the other way around he wrote the 10th but you were not due until the 14th, you'd show up early. (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. You will have a better chance of fighting and winning your citation if any of the mentioned factors affected your ticket. The big issue is that you got someone elses ticket and possibly someone got yours! What Is a Bench Warrant for Traffic Ticket? Or are the circumstances not crazy enough to warrant this and the judge will just amend it? I guess people think "car lawyers" should handle tickets too. If this happens, and you get notice of a conviction in the mail, then you can file an appeal. We have helped over 300,000 people with their problems. How else would you give someone a ticket who has never had a licence? You should therefore check periodically for changes. Having said that, the officer can still give you the right ticket within 30 days of the alleged offence, if he realizes his error. 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. first results that came up brings up some inaccurate results. 1. This site is protected by I will wait and see and update the thread when this resolves one way or the other. 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. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. General Talk - Discuss General Traffic Related Topics Here! It takes decades to gain the knowledge on how to fight defects in traffic tickets and complaints in Texas. Wrong Summons Date A traffic citation is essentially a summons that requires you to appear in court to answer for your violation.
Myth: If the officer makes a single mistake on your traffic ticket, the