wrong name on traffic ticket

Thanks! The use of the website does not create an attorney-client relationship. about FindLaws newsletters, including our terms of use and privacy policy. A complaint is a sworn document alleging the offense you committed. Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend, Unread post But if he does, the mistake on the ticket won't save you. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. Think of it as an indictment based on the information contained in the ticket. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. Chances are that if a traffic ticket has errors,the citation can be overturned or dismissed with the help of a traffic lawyer. I am able to pay the fine now (I did not pay it or enter any info) but nothing shows up identifying that it is indeed my ticket. There are so many myths about you being exempted from the case when errors are found in the speeding ticket Wrong. Minor mistakes on your traffic ticket are unlikely to merit dismissing the charge. No drivers licence number on a ticket is also not a fatal error. The only things that are correct is my car's license plate number. Visit our attorney directory to find a lawyer near you who can help. I'm thinking that the ticket that you got may have been someone else's ticket, and someone else may have your ticket. If so, you're on the hook. 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. 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. Check the date, time, and location of the ticket. 0 found this answer helpful | 0 lawyers agree 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. That said, proving this in court is hard. 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. Which laws were alleged to have been broken, The jurisdiction where you allegedly committed the offense, and. Learn more He specializes in Lemon Law and frequently writes about cars and the law. (b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made. You will have a better chance of fighting and winning your citation if any of the mentioned factors affected your ticket. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. Why Should You Hire a Speeding Ticket Attorney? The name mistake was my last as my first, and my middle as my last and first as my middle. In the past few years, the accuracy of radar guns and cameras attached to red lights have been hotly debated. Mistakes on traffic tickets occur when officers are in a hurry or absentmindedly jot down incorrect information. When a defendant shows up in court for a traffic ticket, he or she can complain about the mistaken ticket. Our car experts choose every product we feature. 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. If it's incorrect or only has what speed you were going, it could get your case dismissed. For more information, please see our You have to request a copy of the complaint. REQUISITES OF COMPLAINT. 1 Answer | Asked in DUI / DWI and Traffic Tickets for Mississippi on Jul 24, 2022. The ticket has other identifying information, like your license number, your description, the car's plate number, etc. To prove you were guilty of violating the law, all elements of the offense have to be met. Speeding Problems and Speeding Ticket Insurance. wrong name on traffic ticket . 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? If the traffic ticket has incorrect documentation of the make and model of the car, then the citation could be dismissed in court. They caught a lot of people in the speed trap. 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. It's that simple! code or county). Ticket scams prey on fear. Unread post A place to discuss any general Highway Traffic Act related items. This site is protected by 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. First speeding ticket - what is the best option. Additionally, you signed the bottom of the ticket agreeing to come to court. Name Wrong On Speeding Ticket What to do. It is not a substitute for professional legal assistance. Multiple small mistakes can make such an argument even more likely to succeed. Fatal error? We reserve the right to modify these terms at any time. NO ATTORNEY-CLIENT RELATIONSHIP. 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 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. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. The ticket is used to complete this document. Best case is the officer does not file the tickets and/or the JP notices the errors and quashes them. The myth likely comes from parking tickets where small errors on the ticket are much more damaging. 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. +++ This is not legal advice, only my opinion +++. Wrong Summons Date A traffic citation is essentially a summons that requires you to appear in court to answer for your violation. When an officer pulls you over to issue a traffic ticket, you may be upset. and. Can you post a photo of your ticket? Leave it out and still sign the ticket. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If a cop makes a mistake writing your ticket, you are most definitely not off the hook. 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 people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. You can have better chances of fighting your citation if any of these factors influence your ticket. Reddit and its partners use cookies and similar technologies to provide you with a better experience. You can hire a traffic lawyer to determine the best strategy for fighting a ticket based on your specific violation; an attorney knows your area's specific traffic codes and how to best approach the judge. Officers often make errors on speeding tickets when they hurriedly or absentmindedly write the ticket. There isnt the additional information, like address, date of birth, ID number, etc. WHAT IS A TRAFFIC TICKET COMPLAINT? No legal advice is being provided. It is not typically considered evidence that calls into question the credibility of the officer who pulled you over. Incorrect Law Cited 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). However he issued the ticket under my father name, birthday and driver license number. The officer has until the time of trial to amend the ticket. 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. I spell my name "Steven" and the ticket reads "Stephen." (d) A complaint may be sworn to before any officer authorized to administer oaths. More than the citation that you received, the complaint is what holds a little more merit in court. Call for a Free Consultation 1-800-248-2846 Traffic Ticket Mistakes That Will Get Your Case Dismissed in Court If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. Business, Economics, and Finance. He filed it anyway, although I am not sure if he filed it with the same information as what appears in my ticket. To fight a traffic ticket, you should know the specific law or speeding statute that you are accused of violating. But receiving a citation that lists incorrect information can be even more frustrating. The law is also subject to change from time to time and legal statutes and regulations vary between states. 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. Nothing appearing on this site shall be considered legal advice and is presented only as a general statement of the law. At most times, officers are often in a hurry and may fail to record all the required information. My inclination is to not respond and wait for the conviction notice. In all honesty, it means that fighting a traffic ticket is a lot more complex than it seems. 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. Even if the current NY traffic tickets arent particularly harmful, you have an incentive to keep your record clean for the future. Note that signing the ticket does not mean that you admit guilt. 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. Contact us. If you received a traffic ticket, contact us to go over your case and let an experienced attorney review the information for you to ensure you get the best outcome possible. Hello, Im not resident of the US. Legal Disclaimer: The content appearing on our website is for general information purposes only. For more issues related to traffic ticket defensesclick the preceding link. The specific requirements of a valid complaint are as follows: Art. When this happens, you may have a golden opportunity to contest the ticket, even when you were in the wrong. that could be considered. What Is The Punishment Range For A State Jail Felony? GameStop Moderna Pfizer Johnson & Johnson AstraZeneca Walgreens Best Buy Novavax SpaceX Tesla. Was there more than one person pulled over at the same time as you? 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. my son got a speeding ticket in nassau county, ny. You'd show up late but the court would probably forgive you since you had good cause. The purpose of the ticket is only to offer information regarding the 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. Many of these things are. 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. (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. Multiple small mistakes can make such an argument even more likely to succeed. Q: If an officer charge u with a dui and put the wrong vehicle information on the ticket can it be dismissed. It only takes a minute to, (You must log in or sign up to reply here.). Privacy Policy. 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. Is It Legal To Obscure Your License Plate? 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. I will wait and see and update the thread when this resolves one way or the other. After I was stopped I gave the deputy my license, insurance and registration for the truck. 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. Parking tickets are issued to a vehicle, not a person. The ticket should list the fine amount, the alleged offense, and the summons date. Your office is in NYC. The big issue is that you got someone elses ticket and possibly someone got yours! Most of the things I've described above are merely clerical in nature. You will need a competent and experienced traffic attorney to represent you in court. In our network are both attorneys who work for Feifer & Greenberg and attorneys who work for other firms that regularly provide of-counsel representation to our clients. So, in 24 years of practicing law I have handled several hundred traffic tickets. There is no Driver's license Number - it's blank. (f) If the defendant does not object to a defect, error, or irregularity of form or substance in a charging instrument before the date on which the trial on the merits commences, the defendant waives and forfeits the right to object to the defect, error, or irregularity. Failing to stop at a pedestrian crossing, Reversing on a divided high-speed road, Driver failing to ensure that a passenger less than 23 kg is properly secured, Driver failing to ensure that a passenger under 16 years is wearing a seat belt, Driver failing to ensure infant/child passenger is properly secured, Exceeding the speed limit by 16 to 29 km/h, Driving through, around or under a railway crossing barrier, Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal, Failing to obey the directions of a police officer, Driving the wrong way on a divided road, Failing to report a collision to a police officer, Improper driving when road is divided into lanes, Going the wrong way on a one-way road, Driving or operating a vehicle on a closed road, Crossing a divided road where no proper crossing is provided, Failing to slow and carefully pass a stopped emergency vehicle, Failing to move, where possible, into another lane when passing a stopped emergency vehicle, Improper use of high occupancy vehicle lane, Motor vehicle equipped with or carrying a speed measuring warning device, Exceeding the speed limit by 30 to 49 km/h, Driver of a bus failing to stop at an unprotected railway crossing, Exceeding the speed limit by 50 km/h or more, Failing to remain at the scene of a collision, Failing to stop when signaled/requested by a police officer, Police Firearms and Less-Lethal Equipment, Other Ontario Provincial Acts Related to Traffic, Commercial Vehicle Safety Alliance (CVSA), Newfoundland And Labrador: Highway Traffic Act, Northwest Territories: Motor Vehicles Act, Prince Edward Island: Highway Traffic Act, PART 4: Licences - Driver, Driving Instructor, Wrong Name, Wrong Address, Wrong Gender, No Dl# On Ticket, Re: Wrong Name, Wrong Address, Wrong Gender, No Dl# On Ticke. 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. Exceeding the speed limit by 16 to 29 km/h, Ticket not showing up online ticket search need some recommendation. I would imagine that somebody else got a ticket with your information on it and you got theirs. All rights reserved. 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. You should strongly consider any decision to pay a ticket without fighting. 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). Dont even try to correct the errors of the officer instead, use these to your advantage. 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). 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. 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. You won't find any red-tape or legal jargon on our site, just the answers you need in an easy-to-understand format. If you wish to contest your traffic ticket but have no idea where to start, DoNotPay has got you covered in 5 easy steps. 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. by: Whenaxis on Sat Jan 07, 2017 5:43 pm. Anyway, if I plead not guilty and go to traffic court, is it likely to be dismissed? It's not brown, it's taupe! How else would you give someone a ticket who has never had a licence? You should therefore check periodically for changes. Look out for your traffic ticket issuer's response to discover whether you won. first results that came up brings up some inaccurate results. (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. WE ARE OPEN and closely monitoring the court closures and COVID-19 situation. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. James Medows 306 Atlantic Avenue, Brooklyn, NY 11201 Email: jamesmedows@gmail.com Phone: (917) 856-1247 Read along to discover how DoNotPay can help you fight your traffic ticket. What's the Fine for Disobeying a Traffic Control Device in NY? While mistakes on a traffic ticket may not mean an automatic dismissal, sometimes an attorney can argue that perhaps the officer was distracted or similarly mistaken about the underlying violation itself. How a Police Officers Accident Report Affects Your Car Accident Case. 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. by: kegman1 on Thu Jan 05, 2017 4:26 pm. How can our traffic ticket lawyers help you? Unread post We have helped over 300,000 people with their problems. Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. Mistakes on Traffic Tickets: License to Dismiss? by: ynotp on Sat Jan 07, 2017 8:47 pm. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. When and where you must appear to contest your ticket. by: Decatur on Thu Jan 05, 2017 10:48 pm, No signature on an electronic ticket is not a fatal error. 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. 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. We can only guarantee that we will provide the best possible client service and legal representation. However, there may be some cases in which traffic ticket mistakes can help in your defense. Somewhere around the middle there is a section covering errors on a citation. It really boils down to this: You get notice of the charges against you and the opportunity to dispute them. Feel free to call us for a free consultation at 212-683-7373 to discuss. Mistakes get made. 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. There are likely other ways to win or obtain a favorable result, however. Or, he transposes a few digits of your driver's license. I guess people think "car lawyers" should handle tickets too. General Talk - Discuss General Traffic Related Topics Here! Clients ask if these things aren't Get Out Of Jail Free cards. The content of this post is not legal advice. This document is actually used to prosecute you, not the ticket. We recommend fighting almost all tickets. 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. While mistakes on a traffic ticket may not mean an automatic dismissal, sometimes an attorney can argue that perhaps the officer was distracted or similarly mistaken about the underlying violation itself. Log-in to DoNotPay and go to the Ticket Disputes category. Incorrect Details on Your Ticket Before you do anything else, take a close look at the citation you were given by the officer. If there is any incorrect information on the ticket, you'll probably be able to get it dismissed. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. by: jsherk on Thu Jan 05, 2017 5:29 pm. Even if the make and color of your incorrect, the ticket would still hold up in court. PREMIUM. 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. 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. Your name, date of birth, address, license number, and vehicle make, model, color and plate, etc. 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. Unlike a parking ticket, this type of error will NOT result in your case being dismissed. The website is maintained for informational purposes only. 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. 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. That information must be transposed unto the formal complaint against you. In any case, we still do recommend looking over the ticket carefully. If you want to legally beat each and every ticket you ever get make sure to check out the beat the system guide. If you feel you have been charged unfairly, simply. It takes decades to gain the knowledge on how to fight defects in traffic tickets and complaints in Texas. "Sorry, come back in 4 days.". 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. Weathering, high winds, and winter storms can all affect the precision of the shutter speed on traffic cameras, and the way officers handle the radar equipment, the purchase date, and the guns maintenance can all influence how well the sensitive instruments capture correct information. 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. Thus, while mistakes dont automatically help ones cause, they dont hurt either. If it was the other way around he wrote the 10th but you were not due until the 14th, you'd show up early. I received a ticket for not wearing my seat belt. 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. The ticket should list the fine amount, the alleged offense, and the summons date. Or are the circumstances not crazy enough to warrant this and the judge will just amend it? 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. Because camera tickets are sent to the owner of the car, not the driver, make sure you actually were driving the car when the ticket was issued. Small mistakes leading to dismissal of the charges is simply another traffic court myth. If this happens, and you get notice of a conviction in the mail, then you can file an appeal. 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? reCAPTCHA and the Google Privacy Policy and They vary from state to state in form but they generally contain the same elements. Thanks for the replies folks. I let it sit for a year and never received any notices about it, whatsoever. Still, this does not mean an automatic dismissal. 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. The transmission of information via the website does not create an attorney-client relationship between you and The Ticket Clinic, A Law Firm. Like where an officer wrote the wrong name, address, license number and car description all on the same ticket.

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