You can't do traffic school as long as the citation is in your father's name. Still, this does not mean an automatic dismissal. 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. Multiple small mistakes can make such an argument even more likely to succeed. The officer has until the time of trial to amend the ticket. With those prosecutors, we save the defect for trial. We have organized a statewide network of attorneys. Also, when a mistake is brought to the court's attention, the prosecutor can simply move . Well discuss our goals and objectives but no attorney can ever guarantee how a case will conclude. It is simply a promise that you will appear in court on the scheduled date. It is not typically considered evidence that calls into question the credibility of the officer who pulled you over. 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. When an officer pulls you over to issue a traffic ticket, you may be upset. Most of the things I've described above are merely clerical in nature. 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? If the ticket has not been filed at that time, wait another week to call a second time. The judge will ask you if you would like to cross-examine. This is the worst mistake a driver can make. 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. New York Traffic Ticket Lawyers | Feifer & Greenberg. Unread post 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. 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. 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). The problem is that you cannot retain us to fight a ticket issued in someone else's name. 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.". Last year I was pulled over in PA for doing 5 over. Does your ticket do these things? 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. The myth likely comes from parking tickets where small errors on the ticket are much more damaging. I received traffic ticket, but my full name is XXXXX XXXXX wrong on it. All Rights Reserved. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. that could be considered. (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. Small mistakes leading to dismissal of the charges is simply another traffic court myth. 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. GameStop Moderna Pfizer Johnson & Johnson AstraZeneca Walgreens Best Buy Novavax SpaceX Tesla. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. If you are looking for more information, please select the county you live in. It does certainly sound like there was a problem with the copy of the ticket that you received. 1. I have heard of one or two extreme cases where massive errors on tickets apparently caused the tickets to go away. Aftermarket Parts Won't Void Your Warranty, A Traffic Ticket Won't Be Thrown Out Because the Cop Made a Typo. We have helped over 300,000 people with their problems. These are legal proceedings and we cant promise you that every case will end in our favor. NO ATTORNEY-CLIENT RELATIONSHIP. 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? It's that simple! In any case, we still do recommend looking over the ticket carefully. Meeting with a lawyer can help you understand your options and how to best protect your rights. info@tickethelp.com. Hello, Im not resident of the US. If you claim the ticket now does not apply to you because of a misspelling, it probably will not fly as a legitimate defense. 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. 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. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. Given the compounded errors, the Officer may not file the ticket with the court. Even if the current NY traffic tickets arent particularly harmful, you have an incentive to keep your record clean for the future. reCAPTCHA and the Google Privacy Policy and Learn more If it was the other way around he wrote the 10th but you were not due until the 14th, you'd show up early. Here are three common errors to look for. Mississippi Traffic Tickets Questions & Answers. Our experts have carefully reviewed each state's regulations to create a step-by-step guide to the . It outlines specifically what the prosecutor intends to prove at trial. That information must be transposed unto the formal complaint against you. There is no Driver's license Number - it's blank. We can only guarantee that we will provide the best possible client service and legal representation. Our car experts choose every product we feature. how did martin luther king jr change the world. No drivers license also means it is a fatal error. When a defendant shows up in court for a traffic ticket, he or she can complain about the mistaken ticket. 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. No legal advice is being provided. 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. 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. They don't really harm you in any way. A place to discuss any general Highway Traffic Act related items. Exceeding the speed limit by 16 to 29 km/h, Ticket not showing up online ticket search need some recommendation. This document is actually used to prosecute you, not the ticket. Or do you wait until trial so that they cannot fix it? What is considered Actual Possession For Criminal Cases In Texas? The law is also subject to change from time to time and legal statutes and regulations vary between states. Clients ask if these things aren't Get Out Of Jail Free cards. 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. Unread post wrong name on traffic ticket . It is possible that the law may not apply to you and may have changed from the time a post was made. Update: Ok so I went to the online payments for www.toronto.ca/POA website and the ticket was indeed filed by the cop. i want to know if we could have the ticket dismissed because he has the wrong driver behind the wheel More Can you post a photo of your ticket? Best case is the officer does not file the tickets and/or the JP notices the errors and quashes them. Here's How to Challenge Them! Many of these things are. For more information, please see our 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. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. Please note that our website is an Attorney Advertisement. Should I just pay my ticket or should I fight? Examining Your Ticket. Why Should You Hire a Speeding Ticket Attorney? Business, Economics, and Finance. A complaint is a sworn document alleging the offense you committed. They caught a lot of people in the speed trap. 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. All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay the ticket. A mistake on the ticket does not change those facts. WHAT IS A TRAFFIC TICKET COMPLAINT? Copyright 2022, Thomson Reuters. After all, the ticket is simply a description of a charge against you and a notice for you to appear and answer that charge. (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. The use of the website does not create an attorney-client relationship. After I was stopped I gave the deputy my license, insurance and registration for the truck. Is this ticket valid? I received a ticket for not wearing my seat belt. Doing this will have your traffic ticket held as confidential information. by: kegman1 on Sat Jan 07, 2017 4:20 pm. There are so many myths about you being exempted from the case when errors are found in the speeding ticket Wrong. Which laws were alleged to have been broken, The jurisdiction where you allegedly committed the offense, and. by: ynotp on Sat Jan 07, 2017 8:47 pm. Mistakes on Traffic Tickets? You should contact a local traffic ticket lawyer to see if there are other possible ways to try to fight the ticket. There are, however, some mistakes that are fatal errors and can have your traffic ticket thrown out if handled in the proper manner at trial, some of which include the following: No accused's name on the traffic ticket at all Incorrect fine or total payable recorded on the traffic ticket The offence not properly listed on the traffic ticket Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. 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. I know there are some people who have never been ticketed but most of us have seen a citation or two. The big issue is that you got someone elses ticket and possibly someone got yours! 1 Answer | Asked in DUI / DWI and Traffic Tickets for Mississippi on Jul 24, 2022. define('DISALLOW_FILE_EDIT', true); and. For more issues related to traffic ticket defenses. Youll receive an appeal letter that contains state vehicle codes to boost your 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. The best we could determine was that the officer accidentally got his information from a previous traffic stop and handed it to this driver. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. Court Allows Amendment of Ticket Citing Wrong Code Section 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. The best case scenario at this point would probably be that the JP quashes it. If a cop makes a mistake writing your ticket, you are most definitely not off the hook. WE ARE OPEN and closely monitoring the court closures and COVID-19 situation. 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. 1995 - 2019 TheLaw.com LLC. If so, you're on the hook. Additionally, you signed the bottom of the ticket agreeing to come to court. If the conviction notice comes in then I know they got my address right and the cop fixed the errors? The ticket is used to complete this document. However, there may be some cases in which traffic ticket mistakes can help in your defense. So start with the complaint and compare to the ticket. Name Wrong On Speeding Ticket What to do. I spell my name "Steven" and the ticket reads "Stephen." 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. If you don't get it corrected then obviously your father will have a mess on his hands. Crypto Cookie Notice I will wait and see and update the thread when this resolves one way or the other. 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. 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. Worse still, refusing to sign the ticket could have you taken to the station. 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. Fatal errors come with caveats to a dismissal. Blasphemy! Nothing appearing on this site shall be considered legal advice and is presented only as a general statement of the law. by: kegman1 on Thu Jan 05, 2017 4:26 pm. James Medows 306 Atlantic Avenue, Brooklyn, NY 11201 Email: jamesmedows@gmail.com Phone: (917) 856-1247 (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. Do you tell them immediately only to have them amend the defect? Obviously its not a big ticket. kegman1 wrote: The time is wrong. Feifer & Greenberg, LLP, 15 Maiden Lane, Suite 1208, New York, NY 10038, (888) 842-5384. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. This field is for validation purposes and should be left unchanged. 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. 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. Generally, the prosecutor must prove that you were driving in that location at that date and time. 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 Or, he transposes a few digits of your driver's license. 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. However he issued the ticket under my father name, birthday and driver license number. If anyone has advice I'm all ears, Speeding Tickets, Traffic & Moving Violations, TheLaw.com has been providing free legal assistance online since 1995. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. However, if you lose the case, you will have to pay the citation as well as added court fees. Fatal Traffic Errors These are the types of traffic ticket mistakes that may or should get the ticket canceled.