Our car experts choose every product we feature. Of course, it could also mean that the actual ticket was not handed to the driver but still existed somewhere and bad things could happen if the traffic stop were completely ignored. This field is for validation purposes and should be left unchanged. Mississippi Traffic Tickets Questions & Answers. Well discuss our goals and objectives but no attorney can ever guarantee how a case will conclude. CA Man Fights Traffic Ticket with Physics, How to Fight Traffic Tickets, Five Strategies that Work, Browse Traffic Ticket Lawyers by Location. Incorrect Details on Your Ticket Before you do anything else, take a close look at the citation you were given by the officer. Fatal errors come with caveats to a dismissal. Read or contribute to the latest legal news in. Ask a Question About Traffic Violations in Our Community Forum (FindLaw Answers). i want to know if we could have the ticket dismissed because he has the wrong driver behind the wheel More New comments cannot be posted and votes cannot be cast. by: Whenaxis on Sat Jan 07, 2017 5:43 pm. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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? 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. 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. Users browsing this forum: No registered users and 3 guests. info@tickethelp.com. Whether the officer forgets to fill a section out or gets called to another accident, if the missing data is crucial to the case, the citation may be dismissed. 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. (888) 842 5384 (TicketHELP) The following are examples of minor traffic ticket errors: The court can make amendments to a ticket that has minor mistakes. I know there are some people who have never been ticketed but most of us have seen a citation or two. Feel free to call us for a free consultation at 212-683-7373 to discuss. The specific requirements of a valid complaint are as follows: Art. It's not brown, it's taupe! For this reason, it is crucial that you do your best to win your traffic case. Copyright 2021 The Ticket Clinic. Officers often make errors on speeding tickets when they hurriedly or absentmindedly write 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. Parking tickets are issued to a vehicle, not a person. What's the Fine for Disobeying a Traffic Control Device in NY? 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. Which laws were alleged to have been broken, The jurisdiction where you allegedly committed the offense, and. He also has apodcastwhere he talks about these things. We do not recommend that anyone substitute anything they read or learn on the internet for personal legal advice from competent legal counsel. Select the correct product based on your traffic ticket. A Court/Prosecutor/Judge can be satisfied, even in the face of certain minor errors, that the person with the ticket in their hand is the person who was observed driving and allegedly committing the violation in question. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. I guess people think "car lawyers" should handle tickets too. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. 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 numerous issues which I would consider fatal errors but wanted the experts on this board to weigh in: The name is COMPLETELY wrong and bears absolutely no resemblance to my name. The judge will ask you if you would like to cross-examine. You'd show up late but the court would probably forgive you since you had good cause. Experience, preparation and good decision making help us to help our clients avoid points, surcharges, insurance increases and the other negatives that can easily result from a traffic ticket. If it was the other way around he wrote the 10th but you were not due until the 14th, you'd show up early. If you claim the ticket now does not apply to you because of a misspelling, it probably will not fly as a legitimate defense. Given the compounded errors, the Officer may not file the ticket with the court. "Sorry, come back in 4 days.". So start with the complaint and compare to the ticket. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Something I would have paid immediately had I any information other than a ticket for a guy living in a state Ive never been to. I have heard of one or two extreme cases where massive errors on tickets apparently caused the tickets to go away. We will always honestly assess your case (both good and bad) and set realistic expectations during your consultation. 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 The police officer instead of my first and last names wrote the name of my city. 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. 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. 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. "This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. 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. If an officer lists the wrong make and model of your vehicle, the wrong license plate number, or any other essential identifying evidence, the incorrect information on traffic ticketcan get the citation thrown out. Cookie Notice The content is not guaranteed to be correct, complete, or up-to-date. it first needs to be corrected. 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. Unread post You can't do traffic school as long as the citation is in your father's name. 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. 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. How a Police Officers Accident Report Affects Your Car Accident Case. Log-in to DoNotPay and go to the Ticket Disputes category. Most drivers are scared to leave tickets unpaid, especially when the scam insists you may be sent to collections, lose your car, or even be arrested. There is absolutely no point in arguing with the traffic officer. Unread post Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. Unread post Welcome to TheLaw.com! You will need to show up to court and explain it, and in doing so ask for traffic school. They caught a lot of people in the speed trap. They vary from state to state in form but they generally contain the same elements. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. So there is a strategy and timing issue related to bringing up defects in tickets and complaints. 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,. Your name, date of birth, address, license number, and vehicle make, model, color and plate, etc. Speeding Problems and Speeding Ticket Insurance. ZIP A mistake on the ticket does not change those facts. The law is also subject to change from time to time and legal statutes and regulations vary between states. I received traffic ticket, but my full name is XXXXX XXXXX wrong on it. Unread post In most states, a traffic ticket is simply a summons for you to appear in court for your offense. 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. The problem is that you cannot retain us to fight a ticket issued in someone else's name. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. What is considered Actual Possession For Criminal Cases In Texas? How to Dispute Alabama Traffic Tickets From Your Phone, How to Contest Your LA Traffic Tickets and Win, How to Dispute NYC Traffic Tickets In 5 Easy Steps, What Happens If You Plead Not Guilty to a Traffic Ticket, The Fastest Way to Expunge Your Traffic Ticket. 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. First speeding ticket - what is the best option. 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. If so, you're on the hook. When an officer pulls you over to issue a traffic ticket, you may be upset. by: jsherk on Thu Jan 05, 2017 5:29 pm. (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. Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend, Unread post It is simply a promise that you will appear in court on the scheduled date. 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 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. General Talk - Discuss General Traffic Related Topics Here! 1 Answer | Asked in DUI / DWI and Traffic Tickets for Mississippi on Jul 24, 2022. Nevertheless, the good news is that there is a cheaper and less stressful option to contest your case. There are likely other ways to win or obtain a favorable result, however. When I finally called the clerk of court, she had to do an extensive search to even find the citation because of the name issue. 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. 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. Multiple small mistakes can make such an argument even more likely to succeed. city/town state) Identity of the violator Date and time If any of those are factually incorrect based on the officer's efforts there COULD be a challenge to the citation. When that happens, you may have a chance of fighting the ticket or having traffic ticket lawyers do so for you. Hey, he got the color of your car wrong. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. Officers are often in a hurry, and sometimes they fail to include all the information needed on a ticket. +++ This is not legal advice, only my opinion +++. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. Blasphemy! If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. If the traffic ticket has incorrect documentation of the make and model of the car, then the citation could be dismissed in court. Obviously its not a big ticket. It only takes a minute to, (You must log in or sign up to reply here.). The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. Compensation For Injuries After A Car Wreck, Establishing Liability In Car Accident Cases, https://beltzlaw.com/wp-content/uploads/2012/09/Traffic-Ticket-Defense-Lawyer.mp4. 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? It is not a substitute for professional legal assistance. 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. How can our traffic ticket lawyers help you? Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. He filed it anyway, although I am not sure if he filed it with the same information as what appears in my ticket. Unread post 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. Ticket scams prey on fear. There isnt the additional information, like address, date of birth, ID number, etc. Name Wrong On Speeding Ticket What to do. 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. That information must be transposed unto the formal complaint against you. 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. When a defendant shows up in court for a traffic ticket, he or she can complain about the mistaken ticket.