wrong name on traffic ticket wrong name on traffic ticket

Out-of-state Drivers With NY Traffic Ticket, New York Unsafe Lane Change Tickets Lawyer. When an officer pulls you over to issue a traffic ticket, you may be upset. 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. The ticket has other identifying information, like your license number, your description, the car's plate number, etc. He also has apodcastwhere he talks about these things. (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. Officer flagged me down in a speed trap, issued me the ticket and I was on my way. What's the Fine for Disobeying a Traffic Control Device in NY? They would then reschedule you for a later date. So simply do not dispute the ticket or pay for the ticket - let the person identified in the ticket receive a notice of conviction. There is no Driver's license Number - it's blank. And the court can usually amend the ticket that is, simply correct it. Court Allows Amendment of Ticket Citing Wrong Code Section 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. Your Privacy Choices: Opt Out of Sale/Targeted Ads. Okay so Ive read a bunch of these but a lot of the name issues were a simple typo. What happens when the police give you the wrong ticket? However he issued the ticket under my father name, birthday and driver license number. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. Read or contribute to the latest legal news in. Hiring an attorney does not mean it will automatically be dismissed either. first results that came up brings up some inaccurate results. So start with the complaint and compare to the ticket. 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. To fight a traffic ticket, you should know the specific law or speeding statute that you are accused of violating. If he wrote for you to appear on the 14th when the court date was the 10th. Obviously its not a big ticket. Here's How to Challenge Them! If this happens, and you get notice of a conviction in the mail, then you can file an appeal. 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. How to Supercharge the Air Going Into Your Engine, The CT4-V Blackwing Is One of the All-Time Greats, Watch This Abandoned E39 M5 Get an AMMO NYC Detail, VW Dealer Apologizes for Slurs on Oil Stickers, Four Ferraris Stolen From New York Service Center, Avoid Getting Ripped Off When You Buy a Used Car, The Sad Story of the Tucker 48 Killed in a Fire, What to Know When Shopping at a Car Dealer, Tucker Designed the World's Most Radical Pickup. Even if the make and color of your incorrect, the ticket would still hold up in court. You have to request a copy of the complaint. Mississippi Traffic Tickets Questions & Answers. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. Also, when a mistake is brought to the court's attention, the prosecutor can simply move . (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. 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. 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. If you get pulled over by the traffic officer for a traffic violation for one reason or another, chances are that the police officer will issue you a traffic ticket. Convictions quickly lead to surcharges, insurance increases and other complications. Does your ticket do these things? i want to know if we could have the ticket dismissed because he has the wrong driver behind the wheel More If so, you're on the hook. I'm thinking that the ticket that you got may have been someone else's ticket, and someone else may have your ticket. Just got a speeding ticket this morning. 113. 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. I spell my name "Steven" and the ticket reads "Stephen." Copyright 2021 The Ticket Clinic. 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 But simply put: Scrivener's errors what civilians call "typos" will not void your ticket. Sit back and relax while we do the work. Further, prosecutors have the ability to amend defects in the complaint. Check the date, time, and location of the ticket. I received traffic ticket, but my full name is XXXXX XXXXX wrong on it. 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. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. If it was the other way around he wrote the 10th but you were not due until the 14th, you'd show up early. 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. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. New ticket scams target drivers throughout the United States, capturing personal information, stealing money and identities, and installing viruses and malware. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. Mistakes get made. This statewide network allows us to match clients in a particular county or court with local attorneys who regularly appear on similar matters in the same county or court. We do not recommend that anyone substitute anything they read or learn on the internet for personal legal advice from competent legal counsel. 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, there may be some cases in which traffic ticket mistakes can help in your defense. You can have better chances of fighting your citation if any of these factors influence your ticket. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. Thanks! The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. Hey, he got the color of your car wrong. 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. 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. Hello, Im not resident of the US. If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. 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 would be best to let DoNotPay help you with your traffic offense today. Well no signature means it is a fatal error. PREMIUM. 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). Sorry but it's true. Provide us with some details on why you believe the citation issued is a mistake. So, in 24 years of practicing law I have handled several hundred traffic tickets. 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. Mistakes on traffic tickets occur when officers are in a hurry or absentmindedly jot down incorrect information. There are unfortunate times when you get pulled over for speeding then get issued with a ticket. "This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. You won't find any red-tape or legal jargon on our site, just the answers you need in an easy-to-understand format. The name was so messed up I never received any notices about the ticket because they didnt deliver due to the wrong name. Clients ask if these things aren't Get Out Of Jail Free cards. You should strongly consider any decision to pay a ticket without fighting. The specific requirements of a valid complaint are as follows: Art. The driver will need to provide proof of the correct information via official documentation from the Department of Motor Vehicles. Should I just pay my ticket or should I fight? 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. 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. ** <<, Beat a Speeding Ticket powered by Expert WordPress | Sitemap. Of course, there are other errors that may occur on your speeding ticket. 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 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. If you disagree with any part of this disclaimer, do not use our website. Mind you, I never received any notices. Blog 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. In any case, we still do recommend looking over the ticket carefully. Towing people on toboggans, bicycles, skis, etc. Heres the fact it rarely happens that courts excuse minor mistakes on a ticket. kegman1 wrote: The time is wrong. All Rights Reserved. You will need to show up to court and explain it, and in doing so ask for traffic school. Unread post Additionally, you signed the bottom of the ticket agreeing to come to court. Thats it! No drivers license also means it is a fatal error. 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. If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation dismissed. It is not typically considered evidence that calls into question the credibility of the officer who pulled you over. Multiple small mistakes can make such an argument even more likely to succeed. (1) the original traffic ticket gave the defendant notice of the true nature of the offense; (2) the defendant was not deprived of a reasonable opportunity to prepare a defense; and (3) the amendment merely clarifies or amplifies the information in the original ticket. There has been a hot debate about the accuracy of radar guns and the cameras attached to the red lights. All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay the ticket. How do you handle cases statewide? It's that simple! If a cop makes a mistake writing your ticket, you are most definitely not off the hook. I know there are some people who have never been ticketed but most of us have seen a citation or two. Thanks for the replies folks. 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.". Our car experts choose every product we feature. Parking tickets are issued to a vehicle, not a person. 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. 45.019. The system is able to look up the ticket by the ticket number and location codes (whereas I was not able to before). define('DISALLOW_FILE_MODS', true); Learn How to Beat a Speeding Ticket without Expensive Lawyer Fees. The problem is that you cannot retain us to fight a ticket issued in someone else's name. The police officer instead of my first and last names wrote the name of my city. 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. Fatal errors come with caveats to a dismissal. (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. It takes decades to gain the knowledge on how to fight defects in traffic tickets and complaints in Texas. A minor error, such as a misspelled last name, will generally not result in the traffic ticket being dismissed. 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. Searching for the term what makes a citation invalid and clicking on one of the first results that came up brings up some inaccurate results. by: kegman1 on Thu Jan 05, 2017 9:43 pm. It does certainly sound like there was a problem with the copy of the ticket that you received. Consider some of the information on a ticket issued for a moving violation. Name Wrong On Speeding Ticket What to do. 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. 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. >> ** Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. Compensation For Injuries After A Car Wreck, Establishing Liability In Car Accident Cases, https://beltzlaw.com/wp-content/uploads/2012/09/Traffic-Ticket-Defense-Lawyer.mp4. (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. Officers are often in a hurry, and sometimes they fail to include all the information needed on a ticket. 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. 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. Leave it out and still sign the ticket. In that case, if that ticket was submitted to the system that way, then there is a chance it will go away. But receiving a citation that lists incorrect information can be even more frustrating. 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. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. Still, this does not mean an automatic dismissal. Article 45.019 outlines what a complaint must contain. Like where an officer wrote the wrong name, address, license number and car description all on the same ticket. 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. It is simply a promise that you will appear in court on the scheduled date. Name on traffic ticket is wrong I received a ticket for not wearing my seat belt. 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,. 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. 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. my son got a speeding ticket in nassau county, ny. Although my legal specialty is Lemon Law, I get a lot of phone calls about traffic tickets. 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. The ticket should list the fine amount, the alleged offense, and the summons date. 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. You can be recharged via a summons for up to 6 months though this is unlikely. If the traffic ticket has incorrect documentation of the make and model of the car, then the citation could be dismissed in court. My inclination is to not respond and wait for the conviction notice. The name is COMPLETELY wrong and bears absolutely no resemblance to my name. +++ This is not legal advice, only my opinion +++. Your office is in NYC. Until a signed representation and fee agreement and acceptance of the terms and conditions here and required payment is received and written confirmation from us, there shall be no attorney-client relationship created. 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. James Medows 306 Atlantic Avenue, Brooklyn, NY 11201 Email: jamesmedows@gmail.com Phone: (917) 856-1247 This is one argument you will never win. All you need to do is prove the listed automobile is not your vehicle by providing documented proof of the correct info. Mistakes on Traffic Tickets: License to Dismiss? The only things that are correct is my car's license plate number. 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. You should contact a local traffic ticket lawyer to see if there are other possible ways to try to fight the ticket. that could be considered. Note that signing the ticket does not mean that you admit guilt. Unlike a parking ticket, this type of error will NOT result in your case being dismissed. More than the citation that you received, the complaint is what holds a little more merit in court. 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 . about FindLaws newsletters, including our terms of use and privacy policy. The myth likely comes from parking tickets where small errors on the ticket are much more damaging. Generally, the prosecutor must prove that you were driving in that location at that date and time. Thanks for any help. (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. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. We cant guarantee results. The name mistake was my last as my first, and my middle as my last and first as my middle. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 1. Anyway, if I plead not guilty and go to traffic court, is it likely to be dismissed? and. This document is actually used to prosecute you, not the ticket. If there is any incorrect information on the ticket, you'll probably be able to get it dismissed. Unread post Nevertheless, the good news is that there is a cheaper and less stressful option to contest your case. If the vehicle is not identified exactly, then there will be legitimate questions about the ticket itself and which car was allegedly parked improperly. Users browsing this forum: No registered users and 3 guests. When a ticket bears a mistaken spelling of your name or a slight variation of your license plate number, a judge will likely just amend the ticket to reflect your real information and will not dismiss your case. First speeding ticket - what is the best option. wrong name on traffic ticket . For more issues related to traffic ticket defenses. 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. Feel free to call us for a free consultation at 212-683-7373 to discuss. When that happens, you may have a chance of fighting the ticket or having traffic ticket lawyers do so for you. Welcome to TheLaw.com! by: jsherk on Thu Jan 05, 2017 5:29 pm. Incorrect Details on Your Ticket Before you do anything else, take a close look at the citation you were given by the officer. Contact us. Privacy Policy. For this reason, it is crucial that you do your best to win your traffic case. If you claim the ticket now does not apply to you because of a misspelling, it probably will not fly as a legitimate defense. 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. All rights reserved. Let the officer use the wrong descriptions of the location, the violation or the identification of your vehicle to the court. But if he does, the mistake on the ticket won't save you. The citation has to provide: Location of the offense committed Offense being charged Venue (i.e.