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. Unread post The specific requirements of a valid complaint are as follows: Art. Nevertheless, the good news is that there is a cheaper and less stressful option to contest your case. 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 These are the types of traffic ticket mistakes that may or should get the ticket canceled. We do not recommend that anyone substitute anything they read or learn on the internet for personal legal advice from competent legal counsel. He also has apodcastwhere he talks about these things. Unread post 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. 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. (d) A complaint may be sworn to before any officer authorized to administer oaths. Or, he transposes a few digits of your driver's license. The use of the website does not create an attorney-client relationship. Blasphemy! The ticket should list the fine amount, the alleged offense, and the summons date. 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. With those prosecutors, we save the defect for trial. If you are charged based on the ticket number that was given to you, you would point out all the errors that are wrong, and especially that there was no drivers license number and no signature. 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. "Sorry, come back in 4 days.". 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. 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. 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. i want to know if we could have the ticket dismissed because he has the wrong driver behind the wheel More 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. The driver will need to provide proof of the correct information via official documentation from the Department of Motor Vehicles. (e) A complaint in municipal court may be sworn to before: (2) the clerk of the court or a deputy clerk; (4) the city attorney or a deputy city attorney. Unlike a parking ticket, this type of error will NOT result in your case being dismissed. Consider some of the information on a ticket issued for a moving violation. Sign upwith DoNotPay today to get started. There has been a hot debate about the accuracy of radar guns and the cameras attached to the red lights. A mistake on the ticket does not change those facts. Stay up-to-date with how the law affects your life. How to Get Traffic Ticket Forgiveness In California Effortlessly, A Step-by-Step Guide to Finding Old Traffic Tickets Quickly, How to Request a Continuance for a Traffic Ticket, All About Statute of Limitation on Traffic Tickets In Texas, How to Avoid Paying Traffic Tickets With This Easy Trick, How to Pay Your Houston Water Bills Online Hassle-Free, How to Remove My Case From The Internet Instantly, How to Recover Your Forgotten Workday Password Hassle-Free, How to Stay In Touch With Inmates at Clements Unit, Sending Money to an Inmate Has Never Been Easier, sign the ticket, and you will have your day in court to plead your case. The purpose of the ticket is only to offer information regarding the offense. It's that simple! The website is maintained for informational purposes only. Please take a moment and Register today! If this happens, and you get notice of a conviction in the mail, then you can file an appeal. All information available on our site is available on an "AS-IS" basis. Dont even try to correct the errors of the officer instead, use these to your advantage. by: kegman1 on Sat Jan 07, 2017 4:20 pm. Welcome to TheLaw.com! Article 45.019 outlines what a complaint must contain. Copyright 2021 The Ticket Clinic. Learn more All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay the ticket. When a defendant shows up in court for a traffic ticket, he or she can complain about the mistaken ticket. Read or contribute to the latest legal news in. 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. It takes decades to gain the knowledge on how to fight defects in traffic tickets and complaints in Texas. by: Whenaxis on Sat Jan 07, 2017 5:43 pm. He knocked me down to 10km over. Like where an officer wrote the wrong name, address, license number and car description all on the same ticket. Thats it! Examining Your Ticket. Should I just pay my ticket or should I fight? Speeding Problems and Speeding Ticket Insurance. They vary from state to state in form but they generally contain the same elements. Fatal errors come with caveats to a dismissal. The law is also subject to change from time to time and legal statutes and regulations vary between states. Many of these things are. and. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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. Or are the circumstances not crazy enough to warrant this and the judge will just amend it? Officers often make errors on speeding tickets when they hurriedly or absentmindedly write the ticket. There are unfortunate times when you get pulled over for speeding then get issued with a ticket. If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation 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,. The content is not guaranteed to be correct, complete, or up-to-date. In that case, if that ticket was submitted to the system that way, then there is a chance it will go away. 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. Wrong Summons Date A traffic citation is essentially a summons that requires you to appear in court to answer for your violation. 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. If you feel you have been charged unfairly, simply. The name was so messed up I never received any notices about the ticket because they didnt deliver due to the wrong name. All Rights Reserved. kegman1 wrote: The time is wrong. But if he does, the mistake on the ticket won't save you. If the vehicle is not identified exactly, then there will be legitimate questions about the ticket itself and which car was allegedly parked improperly. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. First of all, the officer should mention the location of offense in direct arguments. All rights reserved. A minor error, such as a misspelled last name, will generally not result in the traffic ticket being dismissed. Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. Home / Uncategorized / wrong name on traffic ticket. 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. In the past few years, the accuracy of radar guns and cameras attached to red lights have been hotly debated. 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. I have even seen traffic tickets where the officer wrote the wrong citation number for the accused violation. But simply put: Scrivener's errors what civilians call "typos" will not void your ticket. Well no signature means it is a fatal error. Thanks for the replies folks. If you don't get it corrected then obviously your father will have a mess on his hands. NO ATTORNEY-CLIENT RELATIONSHIP. That information must be transposed unto the formal complaint against you. by: kegman1 on Thu Jan 05, 2017 4:26 pm. 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. We fight these types of cases in New York all the time so we'd be happy to help. my son got a speeding ticket in nassau county, ny. Visit our attorney directory to find a lawyer near you who can help. New ticket scams target drivers throughout the United States, capturing personal information, stealing money and identities, and installing viruses and malware. I spell my name "Steven" and the ticket reads "Stephen." The ticket should contain essential information such as the alleged charge, the amount of the fine, and the summon date. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. What's the Fine for Disobeying a Traffic Control Device in NY? If so, you're on the hook. and our 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. Unread post Unread post (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. Check the date, time, and location of the ticket. The only things that are correct is my car's license plate number. 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. 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. What is considered Actual Possession For Criminal Cases In Texas? What Is a Bench Warrant for Traffic Ticket? There are so many myths about you being exempted from the case when errors are found in the speeding ticket Wrong. We will always honestly assess your case (both good and bad) and set realistic expectations during your consultation. So simply do not dispute the ticket or pay for the ticket - let the person identified in the ticket receive a notice of conviction. Generally, the prosecutor must prove that you were driving in that location at that date and time. The best we could determine was that the officer accidentally got his information from a previous traffic stop and handed it to this driver. I'm thinking that the ticket that you got may have been someone else's ticket, and someone else may have your ticket. it first needs to be corrected. Incorrect Details on Your Ticket Before you do anything else, take a close look at the citation you were given by the officer. by: kegman1 on Thu Jan 05, 2017 9:43 pm. Leave it out and still sign the ticket. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case. Other Tips for Dismissal Minor mistakes on your traffic ticket are unlikely to merit dismissing the charge. by: jsherk on Thu Jan 05, 2017 5:29 pm. Copyright 2022, Thomson Reuters. We have helped over 300,000 people with their problems. You can visit the Palm Beach County Clerk and Comptrollers website and search by your name at: http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_main.cp_main_idx You can reach them by phone at (561) 355-2996. It only takes a minute to, (You must log in or sign up to reply here.). I understand that cops misspell names like Adar instead of Adam, but in this case the name on my ticket is not even close to my legal name and is completely void of my last name. 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.