wrong name on traffic ticket

At my destination I checked my ticket out. 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 answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. Our experts have carefully reviewed each state's regulations to create a step-by-step guide to the . Users of the website should not act, or decline to act, based on information or content from this website. The question beyond that would be whether or not the officer's copy to be submitted to the court was the same. WE ARE OPEN and closely monitoring the court closures and COVID-19 situation. Somewhere around the middle there is a section covering errors on a citation. How can our traffic ticket lawyers help you? Minor mistakes on your traffic ticket are unlikely to merit dismissing the charge. Best case is the officer does not file the tickets and/or the JP notices the errors and quashes them. Cookie Notice Thanks for any help. Can you post a photo of your ticket? I know there are some people who have never been ticketed but most of us have seen a citation or two. The ticket should contain essential information such as the alleged charge, the amount of the fine, and the summon date. The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. You won't find any red-tape or legal jargon on our site, just the answers you need in an easy-to-understand format. 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. The content of this post is not legal advice. (b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made. The ticket should list the fine amount, the alleged offense, and the summons date. wrong name on traffic ticket . The ticket should list the fine amount, the alleged offense, and the summons date. Speeding Problems and Speeding Ticket Insurance. 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. However, if you lose the case, you will have to pay the citation as well as added court fees. Just got a speeding ticket this morning. I guess people think "car lawyers" should handle tickets too. 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. This is one argument you will never win. 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. I let it sit for a year and never received any notices about it, whatsoever. about FindLaws newsletters, including our terms of use and privacy policy. Youll receive an appeal letter that contains state vehicle codes to boost your case. All information available on our site is available on an "AS-IS" basis. Consider some of the information on a ticket issued for a moving violation. 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. While there are cases where this has been true in general this do not apply to the courts. So start with the complaint and compare to the ticket. If the conviction notice comes in then I know they got my address right and the cop fixed the errors? 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. It only takes a minute to, (You must log in or sign up to reply here.). What is considered Actual Possession For Criminal Cases In Texas? The officer put my first name as my last name and my middle name as my first name, creating a completely fictitious person. Still, this does not mean an automatic dismissal. Hello, Im not resident of the US. They aren't required on e-tickets. It does certainly sound like there was a problem with the copy of the ticket that you received. Ticket scams prey on fear. 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. Generally, the prosecutor must prove that you were driving in that location at that date and time. and. If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation dismissed. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. 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. Home / Uncategorized / wrong name on traffic ticket. A mistake on the ticket does not change those facts. 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. The big issue is that you got someone elses ticket and possibly someone got yours! The specific requirements of a valid complaint are as follows: Art. Thanks! Unread post He knocked me down to 10km over. You will need a competent and experienced traffic attorney to represent you in court. Thanks for the replies folks. But that's not how it works. So what I would do is NOT respond at all. Copyright 2022, Thomson Reuters. The name is COMPLETELY wrong and bears absolutely no resemblance to my name. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. Here are three common errors to look for. The individual state traffic code or municipal code can be broken down into elements. 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. 113. First of all, the officer should mention the location of offense in direct arguments. Privacy Policy. 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 Sit back and relax while we do the work. Well discuss our goals and objectives but no attorney can ever guarantee how a case will conclude. To prove you were guilty of violating the law, all elements of the offense have to be met. Mistakes on traffic tickets occur when officers are in a hurry or absentmindedly jot down incorrect information. The only things that are correct is my car's license plate number. For more issues related to traffic ticket defenses. People wish this was the case because it would be fun to not have to pay for our driving misdeeds. 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. Learn more 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,. Additionally, you signed the bottom of the ticket agreeing to come to court. Users browsing this forum: No registered users and 3 guests. Some common strategies include arguing: The Officer's Observations or Subjective Conclusions 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. 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. 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. 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. by: kegman1 on Thu Jan 05, 2017 9:43 pm. it first needs to be corrected. If the ticket has not been filed at that time, wait another week to call a second time. So it seems we are not in the best case scenario: where the cop realized there was an error and did not file. You'd show up late but the court would probably forgive you since you had good cause. Nothing in this article prohibits a trial court from requiring that an objection to a charging instrument be made at an earlier time. 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. 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. Of course, there are other errors that may occur on your speeding ticket. Welcome to TheLaw.com! There are likely other ways to win or obtain a favorable result, however. Copyright 2021 The Ticket Clinic. The police officer instead of my first and last names wrote the name of my city. Even if the current NY traffic tickets arent particularly harmful, you have an incentive to keep your record clean for the future. Please note that our website is an Attorney Advertisement. This field is for validation purposes and should be left unchanged. 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? code or county). Mistakes get made. Even if the make and color of your incorrect, the ticket would still hold up in court. 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. More than the citation that you received, the complaint is what holds a little more merit in court. If the traffic ticket has incorrect documentation of the make and model of the car, then the citation could be dismissed in court. The content is not guaranteed to be correct, complete, or up-to-date. Nevertheless, the good news is that there is a cheaper and less stressful option to contest your case. 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. Convictions quickly lead to surcharges, insurance increases and other complications. All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay the ticket. If you want to legally beat each and every ticket you ever get make sure to check out the beat the system guide. You can have better chances of fighting your citation if any of these factors influence your ticket. by: kegman1 on Sat Jan 07, 2017 4:20 pm. When and where you must appear to contest your ticket. The name mistake was my last as my first, and my middle as my last and first as my middle. mightymoose, May 28, 2010. Your name, date of birth, address, license number, and vehicle make, model, color and plate, etc. by: kegman1 on Thu Jan 05, 2017 4:26 pm. Fatal error? Further, prosecutors have the ability to amend defects in the complaint. (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. For more issues related to traffic ticket defensesclick the preceding link. Can A Court Charge A Defendant For An Officers Overtime For A Traffic Ticket? When I drove away, I realized it wasnt even my ticket. It would be best to let DoNotPay help you with your traffic offense today. If you don't get it corrected then obviously your father will have a mess on his hands. 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). It takes decades to gain the knowledge on how to fight defects in traffic tickets and complaints in Texas. Article 45.018 and 45.019 outlines the necessity of providing a defendant with a formal complaint over the citation itself. How do you handle cases statewide? If you are required to attend TVS, you must do so before the court-ordered completion date. 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. The judge will ask you if you would like to cross-examine. WHAT IS A TRAFFIC TICKET COMPLAINT? If the information was transposed in a way that gives you proper notice of the charges against you, then it will be considered valid for the purposes of proceeding to trial. Having said that, the officer can still give you the right ticket within 30 days of the alleged offence, if he realizes his error. Officer flagged me down in a speed trap, issued me the ticket and I was on my way. 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). ZIP All Rights Reserved. They would then reschedule you for a later date. I received traffic ticket, but my full name is XXXXX XXXXX wrong on it.