The law is also subject to change from time to time and legal statutes and regulations vary between states. So, in 24 years of practicing law I have handled several hundred traffic tickets. 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. 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. ", Professional Drivers & Fleet Services Division. It only takes a minute to, (You must log in or sign up to reply here.). This site is protected by Nothing in this article prohibits a trial court from requiring that an objection to a charging instrument be made at an earlier time. More than the citation that you received, the complaint is what holds a little more merit in court. This really depends on the court and the prosecutor. Unread post 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. Learn more For more information, please see our Thanks for any help. There are likely other ways to win or obtain a favorable result, however. They don't really harm you in any way. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. There is no Driver's license Number - it's blank. 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. In most states, a traffic ticket is simply a summons for you to appear in court for your offense. You can be recharged via a summons for up to 6 months though this is unlikely. If you disagree with any part of this disclaimer, do not use our website. Nothing presented on the website constitutes legal advice and shall not be relied upon in any way. Mistakes on Traffic Tickets: License to Dismiss? 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. 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. Other Tips for Dismissal 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. Please take a moment and Register today! It's that simple! The address is completely wrong (probably belongs to the name listed on the ticket), The birthdate is completely wrong (ditto from above), There is no signature on the electronic ticket. 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). 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. PREMIUM. Court Allows Amendment of Ticket Citing Wrong Code Section The individual state traffic code or municipal code can be broken down into elements. The use of the website does not create an attorney-client relationship. The content is not guaranteed to be correct, complete, or up-to-date. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. That information must be transposed unto the formal complaint against you. Given the compounded errors, the Officer may not file the ticket with the court. Visit our attorney directory to find a lawyer near you who can help. Officers are often in a hurry, and sometimes they fail to include all the information needed on a ticket. We have helped over 300,000 people with their problems. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. What Is The Punishment Range For A State Jail Felony? Speeding Problems and Speeding Ticket Insurance. Although my legal specialty is Lemon Law, I get a lot of phone calls about traffic tickets. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. Ticket scams prey on fear. Name Wrong On Speeding Ticket What to do. Can you post a photo of your ticket? Update: Ok so I went to the online payments for www.toronto.ca/POA website and the ticket was indeed filed by the cop. No legal advice is being provided. 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. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. 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. All you need to do is prove the listed automobile is not your vehicle by providing documented proof of the correct info. what should i do in this case? Short answer: No. Check the date, time, and location of the ticket. 1. I guess people think "car lawyers" should handle tickets too. 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. I would guess the officer mixed up the drivers. Incorrect Details on Your Ticket Before you do anything else, take a close look at the citation you were given by the officer. I'm thinking that the ticket that you got may have been someone else's ticket, and someone else may have your ticket. It outlines specifically what the prosecutor intends to prove at trial. 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. that could be considered. Your office is in NYC. 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. The system is able to look up the ticket by the ticket number and location codes (whereas I was not able to before). 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. If you don't get it corrected then obviously your father will have a mess on his hands. It does certainly sound like there was a problem with the copy of the ticket that you received. 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. 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 . Name on traffic ticket is wrong I received a ticket for not wearing my seat belt. Copyright 2021 The Ticket Clinic. Article 45.019 outlines what a complaint must contain. You will need to show up to court and explain it, and in doing so ask for traffic school. General Talk - Discuss General Traffic Related Topics Here! 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. Sit back and relax while we do the work. Even the smallest mistake can be grounds for dismissal, but it all comes down to what the judge determines. First of all, the officer should mention the location of offense in direct arguments. 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? Or do you wait until trial so that they cannot fix it? No drivers license also means it is a fatal error. I have even seen traffic tickets where the officer wrote the wrong citation number for the accused violation. Having said that, the officer can still give you the right ticket within 30 days of the alleged offence, if he realizes his error. by: Whenaxis on Sat Jan 07, 2017 5:43 pm. (b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made. Users of the website should not act, or decline to act, based on information or content from this website. If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation dismissed. When this happens, you may have a golden opportunity to contest the ticket, even when you were in the wrong. Welcome to TheLaw.com! Towing people on toboggans, bicycles, skis, etc. 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. ZIP 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. In any case, we still do recommend looking over the ticket carefully. Road & Track participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites. Users browsing this forum: No registered users and 3 guests. Read along to discover how DoNotPay can help you fight your traffic ticket. When I drove away, I realized it wasnt even my ticket. Meeting with a lawyer can help you understand your options and how to best protect your rights. Some common strategies include arguing: The Officer's Observations or Subjective Conclusions Choose Your State. define('DISALLOW_FILE_MODS', true); Learn How to Beat a Speeding Ticket without Expensive Lawyer Fees. These are legal proceedings and we cant promise you that every case will end in our favor. wrong name on traffic ticket . Additionally, you signed the bottom of the ticket agreeing to come to court. Privacy Policy. 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. Mistakes get made. 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. They aren't required on e-tickets. Still, this does not mean an automatic dismissal. Hello, Im not resident of the US. 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. Well no signature means it is a fatal error. Convictions quickly lead to surcharges, insurance increases and other complications. 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). 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. New comments cannot be posted and votes cannot be cast. Crypto You will have a better chance of fighting and winning your citation if any of the mentioned factors affected your ticket. Thus, while mistakes dont automatically help ones cause, they dont hurt either. Dont even try to correct the errors of the officer instead, use these to your advantage. The name was so messed up I never received any notices about the ticket because they didnt deliver due to the wrong name. 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. What happens when the police give you the wrong ticket?