wrong name on traffic ticket wrong name on traffic ticket

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. 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. Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend, Unread post There is no Driver's license Number - it's blank. WE ARE OPEN and closely monitoring the court closures and COVID-19 situation. They don't really harm you in any way. 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. He specializes in Lemon Law and frequently writes about cars and the law. At most times, officers are often in a hurry and may fail to record all the required information. People wish this was the case because it would be fun to not have to pay for our driving misdeeds. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. A complaint is a sworn document alleging the offense you committed. It only takes a minute to, (You must log in or sign up to reply here.). Stay up-to-date with how the law affects your life. 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. This field is for validation purposes and should be left unchanged. The citation has to provide: Location of the offense committed Offense being charged Venue (i.e. I spell my name "Steven" and the ticket reads "Stephen." 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. The ticket has other identifying information, like your license number, your description, the car's plate number, etc. How can our traffic ticket lawyers help you? All you need to do is prove the listed automobile is not your vehicle by providing documented proof of the correct info. my son got a speeding ticket in nassau county, ny. 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? 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. If the conviction notice comes in then I know they got my address right and the cop fixed the errors? Generally, the prosecutor must prove that you were driving in that location at that date and time. 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 best we could determine was that the officer accidentally got his information from a previous traffic stop and handed it to this driver. Mistakes get made. They would then reschedule you for a later date. I'm interested to see a ticket with so many errors on it! PREMIUM. So, in 24 years of practicing law I have handled several hundred traffic tickets. You should strongly consider any decision to pay a ticket without fighting. 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. 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. Is this ticket valid? Court Allows Amendment of Ticket Citing Wrong Code Section As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. For more issues related to traffic ticket defensesclick the preceding link. Just got a speeding ticket this morning. These are legal proceedings and we cant promise you that every case will end in our favor. I'm thinking that the ticket that you got may have been someone else's ticket, and someone else may have your ticket. 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. How do you handle cases statewide? If you are required to attend TVS, you must do so before the court-ordered completion date. (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. Speeding Problems and Speeding Ticket Insurance. No drivers licence number on a ticket is also not a fatal error. The law is also subject to change from time to time and legal statutes and regulations vary between states. A mistake on the ticket does not change those facts. Think of it as an indictment based on the information contained in the ticket. Youll receive an appeal letter that contains state vehicle codes to boost your case. When this happens, you may have a golden opportunity to contest the ticket, even when you were in the wrong. by: ynotp on Sat Jan 07, 2017 8:47 pm. If you wish to contest your traffic ticket but have no idea where to start, DoNotPay has got you covered in 5 easy steps. (b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made. A minor error, such as a misspelled last name, will generally not result in the traffic ticket being dismissed. 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. how did martin luther king jr change the world. The name was so messed up I never received any notices about the ticket because they didnt deliver due to the wrong name. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. 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. That information must be transposed unto the formal complaint against you. It takes decades to gain the knowledge on how to fight defects in traffic tickets and complaints in Texas. (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. The ticket should contain essential information such as the alleged charge, the amount of the fine, and the summon date. It outlines specifically what the prosecutor intends to prove at trial. You should contact a local traffic ticket lawyer to see if there are other possible ways to try to fight the ticket. And the court can usually amend the ticket that is, simply correct it. NO ATTORNEY-CLIENT RELATIONSHIP. Is It Legal To Obscure Your License Plate? You will need a competent and experienced traffic attorney to represent you in court. define('DISALLOW_FILE_MODS', true); Learn How to Beat a Speeding Ticket without Expensive Lawyer Fees. Fatal Traffic Errors These are the types of traffic ticket mistakes that may or should get the ticket canceled. You will need to show up to court and explain it, and in doing so ask for traffic school. Can you post a photo of your ticket? mightymoose, May 28, 2010. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. What's the Fine for Disobeying a Traffic Control Device in NY? We have organized a statewide network of attorneys. Even the smallest mistake can be grounds for dismissal, but it all comes down to what the judge determines. 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. The problem is that you cannot retain us to fight a ticket issued in someone else's name. +++ This is not legal advice, only my opinion +++. The purpose of the ticket is only to offer information regarding the offense. When and where you must appear to contest your ticket. Cop wrote 99km/h over 60km/h but was wrong. If you are looking for more information, please select the county you live in. Fatal error? 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, The big issue is that you got someone elses ticket and possibly someone got yours! They aren't required on e-tickets. Hey, he got the color of your car wrong. So there is a strategy and timing issue related to bringing up defects in tickets and complaints. 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. If he wrote for you to appear on the 14th when the court date was the 10th. 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. Feel free to call us for a free consultation at 212-683-7373 to discuss. 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). All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay the ticket. No legal advice is being provided. It really boils down to this: You get notice of the charges against you and the opportunity to dispute them. General Talk - Discuss General Traffic Related Topics Here! 1. What is considered Actual Possession For Criminal Cases In Texas? This is important as many states like California will add a steep civil penalty to your ticket for failing to appear on your court date without good cause. 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. This is the worst mistake a driver can make. Or do you wait until trial so that they cannot fix it? Please note that our website is an Attorney Advertisement. Our car experts choose every product we feature. Provide us with some details on why you believe the citation issued is a mistake. by: kegman1 on Thu Jan 05, 2017 4:26 pm. Blog If you want to legally beat each and every ticket you ever get make sure to check out the beat the system guide. The transmission of information via the website does not create an attorney-client relationship between you and The Ticket Clinic, A Law Firm. The content is not guaranteed to be correct, complete, or up-to-date. 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? However, if you lose the case, you will have to pay the citation as well as added court fees. I have heard of one or two extreme cases where massive errors on tickets apparently caused the tickets to go away. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. You have to request a copy of the complaint. In all honesty, it means that fighting a traffic ticket is a lot more complex than it seems. (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. 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. 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. Nothing presented on the website constitutes legal advice and shall not be relied upon in any way. When a defendant shows up in court for a traffic ticket, he or she can complain about the mistaken ticket. They vary from state to state in form but they generally contain the same elements. These are the types of traffic ticket mistakes that may or should get the ticket canceled. Somewhere around the middle there is a section covering errors on a citation. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. Thanks for any help. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. In that case, if that ticket was submitted to the system that way, then there is a chance it will go away. Examining Your Ticket. So simply do not dispute the ticket or pay for the ticket - let the person identified in the ticket receive a notice of conviction. 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. Parking tickets are issued to a vehicle, not a person. With those prosecutors, we save the defect for trial. Although my legal specialty is Lemon Law, I get a lot of phone calls about traffic tickets. code or county). We will always honestly assess your case (both good and bad) and set realistic expectations during your consultation. Chances are that if a traffic ticket has errors,the citation can be overturned or dismissed with the help of a traffic lawyer. 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. We reserve the right to modify these terms at any time. (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. 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. Welcome to TheLaw.com! Officers are often in a hurry, and sometimes they fail to include all the information needed on a ticket. Out-of-state Drivers With NY Traffic Ticket, New York Unsafe Lane Change Tickets Lawyer. 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. 113. There has been a hot debate about the accuracy of radar guns and the cameras attached to the red lights. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. This site is protected by If there is any incorrect information on the ticket, you'll probably be able to get it dismissed. Like where an officer wrote the wrong name, address, license number and car description all on the same ticket. Doing this will have your traffic ticket held as confidential information. Which laws were alleged to have been broken, The jurisdiction where you allegedly committed the offense, and. "This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. They caught a lot of people in the speed trap. The name is COMPLETELY wrong and bears absolutely no resemblance to my name. The only things that are correct is my car's license plate number. 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. 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. 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. Was there more than one person pulled over at the same time as you? However, this is still improper service as you were not served with an Offence Notice with your name and address and drivers license on it (also a fatal error). Steve Lehto is a writer andattorneyfrom Michigan. "Sorry, come back in 4 days.". Plus, many people think that the legal system is rife with technicalities and legalese and somehow a missing comma or an extra dot can ruin an otherwise-sound case. The specific requirements of a valid complaint are as follows: Art. reCAPTCHA and the Google Privacy Policy and 45.019. Your Privacy Choices: Opt Out of Sale/Targeted Ads. Mississippi Traffic Tickets Questions & Answers. Obviously its not a big ticket. If so, you're on the hook. At my destination I checked my ticket out. New comments cannot be posted and votes cannot be cast. 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. Privacy Policy. Thanks! We do not recommend that anyone substitute anything they read or learn on the internet for personal legal advice from competent legal counsel. After all, the ticket is simply a description of a charge against you and a notice for you to appear and answer that charge. If you disagree with any part of this disclaimer, do not use our website. If a cop makes a mistake writing your ticket, you are most definitely not off the hook. Even if the make and color of your incorrect, the ticket would still hold up in court. Unlike a parking ticket, this type of error will NOT result in your case being dismissed. 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. 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. Lets review what a complaintis and what it must have. It's that simple! For more information, please see our He filed it anyway, although I am not sure if he filed it with the same information as what appears in my ticket. 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. If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation dismissed. However, there may be some cases in which traffic ticket mistakes can help in your defense. 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. That said, proving this in court is hard. In the past few years, the accuracy of radar guns and cameras attached to red lights have been hotly debated. 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. When I drove away, I realized it wasnt even my ticket. What Is a Bench Warrant for Traffic Ticket? While nobody enjoys paying a traffic ticket, DMV.ORG is here to make the process as pain-free as possible. How else would you give someone a ticket who has never had a licence? Legal Disclaimer: The content appearing on our website is for general information purposes only. >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. by: Whenaxis on Sat Jan 07, 2017 5:43 pm. Most of the things I've described above are merely clerical in nature. Nevertheless, the good news is that there is a cheaper and less stressful option to contest your case. 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. WHAT IS A TRAFFIC TICKET COMPLAINT? 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. Terms of Service apply. ** <<, Beat a Speeding Ticket powered by Expert WordPress | Sitemap. You can be recharged via a summons for up to 6 months though this is unlikely. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. Thanks for the replies folks. We recommend fighting almost all tickets. There are so many myths about you being exempted from the case when errors are found in the speeding ticket Wrong. 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. Last year I was pulled over in PA for doing 5 over.