If anyone has advice I'm all ears, Speeding Tickets, Traffic & Moving Violations, TheLaw.com has been providing free legal assistance online since 1995. When this happens, you may have a golden opportunity to contest the ticket, even when you were in the wrong. Youll receive an appeal letter that contains state vehicle codes to boost your case. WHAT IS A TRAFFIC TICKET COMPLAINT? Feifer & Greenberg, LLP, 15 Maiden Lane, Suite 1208, New York, NY 10038, (888) 842-5384. 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. my son got a speeding ticket in nassau county, ny. wrong name on traffic ticket . What Is a Bench Warrant for Traffic Ticket? This is one argument you will never win. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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. You should therefore check periodically for changes. PREMIUM. how did martin luther king jr change the world. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. by: Decatur on Thu Jan 05, 2017 10:48 pm, No signature on an electronic ticket is not a fatal error. It only takes a minute to, (You must log in or sign up to reply here.). Sit back and relax while we do the work. Look out for your traffic ticket issuer's response to discover whether you won. Just got a speeding ticket this morning. ", Professional Drivers & Fleet Services Division. Under the description he listed "Improper Lane Usage" but the code actually referred to an "Improper Turn." Steve Lehto is a writer andattorneyfrom Michigan. So, in 24 years of practicing law I have handled several hundred traffic tickets. Worse still, refusing to sign the ticket could have you taken to the station. Somewhere around the middle there is a section covering errors on a citation. The only possible way this could matter is if the officer wrote the wrong appearance date on the ticket. The content is not guaranteed to be correct, complete, or up-to-date. 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. If you are looking for more information, please select the county you live in. Even if the make and color of your incorrect, the ticket would still hold up in court. So simply do not dispute the ticket or pay for the ticket - let the person identified in the ticket receive a notice of conviction. Sorry but it's true. what should i do in this case? There are unfortunate times when you get pulled over for speeding then get issued with a ticket. Thanks for any help. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. The ticket has other identifying information, like your license number, your description, the car's plate number, etc. That information must be transposed unto the formal complaint against you. Unlike a parking ticket, this type of error will NOT result in your case being dismissed. We can only guarantee that we will provide the best possible client service and legal representation. 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. The only things that are correct is my car's license plate number. (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. Note that signing the ticket does not mean that you admit guilt. Even if the current NY traffic tickets arent particularly harmful, you have an incentive to keep your record clean for the future. Can you post a photo of your 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. Users browsing this forum: No registered users and 3 guests. All you need to do is prove the listed automobile is not your vehicle by providing documented proof of the correct info. Clients ask if these things aren't Get Out Of Jail Free cards. I would imagine that somebody else got a ticket with your information on it and you got theirs. If the traffic ticket has incorrect documentation of the make and model of the car, then the citation could be dismissed in court. If your lucky enough to find out that the cited highway, vehicle or your own name is wrong on a speeding ticket completely, then this is your sure way to have the charge dismissed. Mistakes on Traffic Tickets: License to Dismiss? Of course, there are other errors that may occur on your speeding ticket. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. 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. To prove you were guilty of violating the law, all elements of the offense have to be met. Please take a moment and Register today! Copyright 2021 The Ticket Clinic. They vary from state to state in form but they generally contain the same elements. Court Allows Amendment of Ticket Citing Wrong Code Section They would then reschedule you for a later date. Still, this does not mean an automatic dismissal. James Medows 306 Atlantic Avenue, Brooklyn, NY 11201 Email: jamesmedows@gmail.com Phone: (917) 856-1247 Blog 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. What's the Fine for Disobeying a Traffic Control Device in NY? 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. It's that simple! 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. Visit our attorney directory to find a lawyer near you who can help. In most states, a traffic ticket is simply a summons for you to appear in court for your offense. Best case is the officer does not file the tickets and/or the JP notices the errors and quashes them. Most of the things I've described above are merely clerical in nature. Although my legal specialty is Lemon Law, I get a lot of phone calls about traffic tickets. We recommend fighting almost all tickets. A minor error, such as a misspelled last name, will generally not result in the traffic ticket being dismissed. reCAPTCHA and the Google Privacy Policy and Nevertheless, the good news is that there is a cheaper and less stressful option to contest your case. If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. All information available on our site is available on an "AS-IS" basis. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. first results that came up brings up some inaccurate results. There are so many myths about you being exempted from the case when errors are found in the speeding ticket Wrong. You have to request a copy of the complaint. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. We fight these types of cases in New York all the time so we'd be happy to help. Wrong Summons Date A traffic citation is essentially a summons that requires you to appear in court to answer for your violation. If you claim the ticket now does not apply to you because of a misspelling, it probably will not fly as a legitimate defense. 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,. But receiving a citation that lists incorrect information can be even more frustrating. You can be recharged via a summons for up to 6 months though this is unlikely. 0 found this answer helpful | 0 lawyers agree Can A Court Charge A Defendant For An Officers Overtime For A Traffic Ticket? There is no Driver's license Number - it's blank. How else would you give someone a ticket who has never had a licence? Privacy Policy. Hey, he got the color of your car wrong. Still, this does not mean an automatic dismissal. The ticket is used to complete this document. Log-in to DoNotPay and go to the Ticket Disputes category. A complaint is a sworn document alleging the offense you committed. 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. 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. ZIP What Is The Punishment Range For A State Jail Felony? Unread post These are the types of traffic ticket mistakes that may or should get the ticket canceled. Officer flagged me down in a speed trap, issued me the ticket and I was on my way. Thus, while mistakes dont automatically help ones cause, they dont hurt either. 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). If it was the other way around he wrote the 10th but you were not due until the 14th, you'd show up early. 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. General Talk - Discuss General Traffic Related Topics Here! At my destination I checked my ticket out. We may earn money from the links on this page. Many of these things are confined to small boxes which a law enforcement officer is filling out on the side of the road at 1:00 AM. This document is actually used to prosecute you, not the ticket. Further, prosecutors have the ability to amend defects in the complaint. And one of the most common questions I get asked during the first phone call is, "If the officer made a mistake on my ticket, will it get thrown out?" Unread post "This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. If you don't get it corrected then obviously your father will have a mess on his hands. We cant guarantee results. It is not typically considered evidence that calls into question the credibility of the officer who pulled you over. Chances are that if a traffic ticket has errors,the citation can be overturned or dismissed with the help of a traffic lawyer. 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. (c) A complaint filed in municipal court must allege that the offense was committed in the territorial limits of the municipality in which the complaint is made. If you feel you have been charged unfairly, simply. Aftermarket Parts Won't Void Your Warranty, A Traffic Ticket Won't Be Thrown Out Because the Cop Made a Typo. 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. It takes decades to gain the knowledge on how to fight defects in traffic tickets and complaints in Texas. This is the worst mistake a driver can make. These are legal proceedings and we cant promise you that every case will end in our favor. i want to know if we could have the ticket dismissed because he has the wrong driver behind the wheel More 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). Update: Ok so I went to the online payments for www.toronto.ca/POA website and the ticket was indeed filed by the cop. Examining Your Ticket. Multiple small mistakes can make such an argument even more likely to succeed. The name mistake was my last as my first, and my middle as my last and first as my middle. Small mistakes leading to dismissal of the charges is simply another traffic court myth. Contact us. kegman1 wrote: The time is wrong. When a defendant shows up in court for a traffic ticket, he or she can complain about the mistaken 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. NO ATTORNEY-CLIENT RELATIONSHIP. 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? 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. Should I just pay my ticket or should I fight? Consider some of the information on a ticket issued for a moving violation. It does certainly sound like there was a problem with the copy of the ticket that you received. by: Whenaxis on Sat Jan 07, 2017 5:43 pm. 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. So there is a strategy and timing issue related to bringing up defects in tickets and complaints. Officers are often in a hurry, and sometimes they fail to include all the information needed on a ticket. I know there are some people who have never been ticketed but most of us have seen a citation or two. 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. I would guess the officer mixed up the drivers. 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. 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. He filed it anyway, although I am not sure if he filed it with the same information as what appears in my ticket. Q: If an officer charge u with a dui and put the wrong vehicle information on the ticket can it be dismissed. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. Home / Uncategorized / wrong name on traffic ticket. What happens when the police give you the wrong ticket? Worst case is that you are "deemed not to dispute the ticket" and are found guilty. Obviously its not a big ticket. Cookie Notice 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. Having said that, the officer can still give you the right ticket within 30 days of the alleged offence, if he realizes his error. Read along to discover how DoNotPay can help you fight your 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. Nothing in this article prohibits a trial court from requiring that an objection to a charging instrument be made at an earlier time. People wish this was the case because it would be fun to not have to pay for our driving misdeeds. Speeding Problems and Speeding Ticket Insurance. about FindLaws newsletters, including our terms of use and privacy policy. Some of it he or she is taking from a driver's license which might be in rough shape and it may be near the end of a shift. 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. We have organized a statewide network of attorneys. If you wish to contest your traffic ticket but have no idea where to start, DoNotPay has got you covered in 5 easy steps. Thanks for the replies folks. 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. In any case, we still do recommend looking over the ticket carefully. Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend, Unread post Or do you wait until trial so that they cannot fix it? 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. Blasphemy! by: ynotp on Sat Jan 07, 2017 8:47 pm. 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. Parking tickets are issued to a vehicle, not a person. If so, you're on the hook. When and where you must appear to contest your ticket. The judge will ask you if you would like to cross-examine. The myth likely comes from parking tickets where small errors on the ticket are much more damaging. Other Tips for Dismissal 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 name was so messed up I never received any notices about the ticket because they didnt deliver due to the wrong name. Name Wrong On Speeding Ticket What to do. Provide us with some details on why you believe the citation issued is a mistake. If you want to legally beat each and every ticket you ever get make sure to check out the beat the system guide. 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. But if someone else has your ticket, technically the officer hasn't met the service requirements specified in s. 3(3) of the Provincial Offences Act: "The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred.". The big issue is that you got someone elses ticket and possibly someone got yours! define('DISALLOW_FILE_MODS', true); Learn How to Beat a Speeding Ticket without Expensive Lawyer Fees. Nothing appearing on this site shall be considered legal advice and is presented only as a general statement of the law. 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. Fatal Traffic Errors These are the types of traffic ticket mistakes that may or should get the ticket canceled. Fatal error? Here are three common errors to look for. Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. 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. (888) 842 5384 (TicketHELP) New ticket scams target drivers throughout the United States, capturing personal information, stealing money and identities, and installing viruses and malware. 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 are required to attend TVS, you must do so before the court-ordered completion date. For this reason, it is crucial that you do your best to win your traffic case. Short answer: No. You will need to show up to court and explain it, and in doing so ask for traffic school. 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. Well discuss our goals and objectives but no attorney can ever guarantee how a case will conclude. Select whether or not you want the letter mailed to the traffic ticket issuer on your behalf! 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.