"This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. In all honesty, it means that fighting a traffic ticket is a lot more complex than it seems. However, there may be some cases in which traffic ticket mistakes can help in your defense. Multiple small mistakes can make such an argument even more likely to succeed. In any case, we still do recommend looking over the ticket carefully. The best we could determine was that the officer accidentally got his information from a previous traffic stop and handed it to this driver. Sit back and relax while we do the work. I have even seen traffic tickets where the officer wrote the wrong citation number for the accused violation. Although my legal specialty is Lemon Law, I get a lot of phone calls about traffic tickets. This field is for validation purposes and should be left unchanged. by: Whenaxis on Thu Jan 05, 2017 6:14 pm. No drivers licence number on a ticket is also not a fatal error. info@tickethelp.com. If you wish to contest your traffic ticket but have no idea where to start, DoNotPay has got you covered in 5 easy steps. ", Professional Drivers & Fleet Services Division. The individual state traffic code or municipal code can be broken down into elements. 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. Officer flagged me down in a speed trap, issued me the ticket and I was on my way. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. Blasphemy! Visit our attorney directory to find a lawyer near you who can help. 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. For more issues related to traffic ticket defensesclick the preceding link. by: kegman1 on Thu Jan 05, 2017 4:26 pm. (b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made. Further, prosecutors have the ability to amend defects in the complaint. Thats it! CA Man Fights Traffic Ticket with Physics, How to Fight Traffic Tickets, Five Strategies that Work, Browse Traffic Ticket Lawyers by Location. The content is not guaranteed to be correct, complete, or up-to-date. 1. Unread post It does certainly sound like there was a problem with the copy of the ticket that you received. 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? This site is protected by I'm interested to see a ticket with so many errors on it! Chances are that if a traffic ticket has errors,the citation can be overturned or dismissed with the help of a traffic lawyer. What happens when the police give you the wrong ticket? Welcome to TheLaw.com! Short answer: No. 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. Why Should You Hire a Speeding Ticket Attorney? With those prosecutors, we save the defect for trial. first results that came up brings up some inaccurate results. If you are looking for more information, please select the county you live in. GameStop Moderna Pfizer Johnson & Johnson AstraZeneca Walgreens Best Buy Novavax SpaceX Tesla. What Is a Bench Warrant for Traffic Ticket? Should I just pay my ticket or should I fight? Nevertheless, the good news is that there is a cheaper and less stressful option to contest your case. If it was the other way around he wrote the 10th but you were not due until the 14th, you'd show up early. Fatal errors come with caveats to a dismissal. When and where you must appear to contest your ticket. Officers are often in a hurry, and sometimes they fail to include all the information needed on a ticket. So it seems we are not in the best case scenario: where the cop realized there was an error and did not file. 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. Home / Uncategorized / wrong name on traffic ticket. Here are some common examples of citation mistakes: If an officer issued you a ticket with an erroneous summons date, and you fail to appear on time, you can appear on the erroneous date and have the judge find the mistake to be "good cause" for your failure to appear. How a Police Officers Accident Report Affects Your Car Accident Case. 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. 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. Let the officer use the wrong descriptions of the location, the violation or the identification of your vehicle to the court. The best case scenario at this point would probably be that the JP quashes it. 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. Whether the address is incorrect, the color of the car listed is different from yours or your name is wrong on a speeding ticket (misspelled) theres almost zero chances that it will result in a dismissed ticket. Steve Lehto is a writer andattorneyfrom Michigan. 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 you're lucky enough to get your case dismissed. Additionally, you signed the bottom of the ticket agreeing to come to court. People wish this was the case because it would be fun to not have to pay for our driving misdeeds. 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. Worst case is that you are "deemed not to dispute the ticket" and are found guilty. The ticket is used to complete this document. We may earn money from the links on this page. 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. We will always honestly assess your case (both good and bad) and set realistic expectations during your consultation. 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? A place to discuss any general Highway Traffic Act related items. Mind you, I never received any notices. 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. 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. The name mistake was my last as my first, and my middle as my last and first as my middle. You can be recharged via a summons for up to 6 months though this is unlikely. Terms of Service apply. Mistakes on Traffic Tickets? If you disagree with any part of this disclaimer, do not use our website. It is not a substitute for professional legal assistance. 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. 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. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. After I was stopped I gave the deputy my license, insurance and registration for the truck. 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. Learn more Cop wrote 99km/h over 60km/h but was wrong. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. 1995 - 2019 TheLaw.com LLC. So, in 24 years of practicing law I have handled several hundred traffic tickets. Check the date, time, and location of the ticket. If you choose to fight your ticket, you can claim that you did not commit the wrongly cited traffic law in hopes that the officer does not remember you or why he actually pulled you over. Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. 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. Of course, there are other errors that may occur on your speeding ticket. Your Privacy Choices: Opt Out of Sale/Targeted Ads. Nothing presented on the website constitutes legal advice and shall not be relied upon in any way. 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. (d) A complaint may be sworn to before any officer authorized to administer oaths. The law is also subject to change from time to time and legal statutes and regulations vary between states. The officer has until the time of trial to amend the ticket. These are the types of traffic ticket mistakes that may or should get the ticket canceled. When an officer pulls you over to issue a traffic ticket, you may be upset. The only things that are correct is my car's license plate number. If he wrote for you to appear on the 14th when the court date was the 10th. It enables us to help clients anywhere in New York State and in our opinion provide particularly effective and affordable representation for our clients. Business, Economics, and Finance. Copyright 2021 The Ticket Clinic. The use of the website does not create an attorney-client relationship. >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. After all, the ticket is simply a description of a charge against you and a notice for you to appear and answer that charge. No legal advice is being provided. Ask a Question About Traffic Violations in Our Community Forum (FindLaw Answers). Update: Ok so I went to the online payments for www.toronto.ca/POA website and the ticket was indeed filed by the cop. Leave it out and still sign the ticket. Minor mistakes on your traffic ticket are unlikely to merit dismissing the charge. He specializes in Lemon Law and frequently writes about cars and the law. If you want to legally beat each and every ticket you ever get make sure to check out the beat the system guide. Log-in to DoNotPay and go to the Ticket Disputes category. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. However, if you lose the case, you will have to pay the citation as well as added court fees. (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. REQUISITES OF COMPLAINT. The transmission of information via the website does not create an attorney-client relationship between you and The Ticket Clinic, A Law Firm. It takes decades to gain the knowledge on how to fight defects in traffic tickets and complaints in Texas. I spell my name "Steven" and the ticket reads "Stephen." This really depends on the court and the prosecutor. New comments cannot be posted and votes cannot be cast. Thanks! There is no Driver's license Number - it's blank. 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. That information must be transposed unto the formal complaint against you. We cant guarantee results. General Talk - Discuss General Traffic Related Topics Here! 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. 113. Sorry but it's true. Officers often make errors on speeding tickets when they hurriedly or absentmindedly write the 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. If so, you're on the hook. Last year I was pulled over in PA for doing 5 over. (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. Unread post 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. 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. 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. What Is The Punishment Range For A State Jail Felony? Somewhere around the middle there is a section covering errors on a citation. 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 . Stay up-to-date with how the law affects your life. It's that simple! 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. what should i do in this case? 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. In most states, a traffic ticket is simply a summons for you to appear in court for your offense. This document is actually used to prosecute you, not the ticket. 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.