If an officer writes incorrect data on a traffic ticket, is it dismissed when I contest it?

Question

I have a citation that I am contesting by written declaration. The officer wrote on the ticket that I have a 1985 vehicle. In point of fact, it's a 1995 vehicle. I'm sure this will be taken into consideration, but will this fact alone dismiss the ticket? Thanks everyone.

Answer 1

Yes it should get you out of a ticket. I got out of one because the officer spelled my last name wrong.

Answer 2

I am glad you know this will be taken into consideration, because it would not in any court where I have ever worked.

The judge would tell the officer to write more clearly next time, or even a joke about the year of the card, and then ask you if you have any evidence to support your claim that you are not guilty.

So nope don't expect it to have any bearing on the case being dismissed. IF you would like, since the statue of limiation is not over, they can dismiss that ticket and merely write you a new one at the court house with the correct info, since the ticket is merley a summons to appear.

so I would say you are better off looking at the evidence of the case

Answer 3

"If an officer writes incorrect data on a traffic ticket, is it dismissed when I contest it?"

The quick answer to your question is "Probably Not."

Mistakes like typos and other similar technicalities must usually present a "substantial prejudice" to your rights before they are used as a basis to dismiss an action against you.

If the officer identified that it was you in the car-- and the license plate noted on the citation shows the car belongs to you-- then the wrong model year of the car is not a substantially prejudicial error that will necessitate dismissal.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice and representation before making decisions that may affect your legal rights.]

Answer 4

They will not dismiss a ticket because of this. It makes no difference at all if an error was made on the vehicle infomation, if you contest it you will still have to pay the ticket.

Answer 5

Yes.

I had a ticket that was written for me doing 62 in a 42, when in fact it was 62 in a 45. It was immediately dismissed by the clerk and I didn't even have to go to court.

Answer 6

My brother is a trucker, and when he gets a ticket he always takes it to court, and he usually wins. He stragedy is to keep postponing the court date, because hopefully the officer will forget to show up after it's been changed so many times. Also, some counties (some in FL for one) don't pay the cops to go to traffic court, and make them go on their day off. Guess how many of them show up? Not many! When they don't show up, the judge automatically dismissed it.

And I'd say you have a good case if there's innacurate data. Go for it!

Answer 7

More than likely not. People get lucky once in a blue moon but it doesn't happen often. Your taking a chance because I've seen some judge's get bent if you take that to court. Then again the judge may just shrug still find you guilty and tack on a court fee. So if you want to listen to the YAHOO! ANSWERS lawyers, take it to court.

Answer 8

Were you speeding? Instead of trying to "Beat" a ticket because he inadvertantly wrote the wrong year, pay it and admitt you were wrong instead of trying to find a loop hole to crawl thru. Chances are the traffic stop is on tape. So it doesn't matter if he got the year wrong on your car.

Also Police Officers don't have quotas "hey you wrote a hundred tickets this year, your wife gets a toaster over", thats stupid,

Answer 9

No. I once got a ticket and the last name was totally different than mine, but I still had to pay for it

Answer 10

You can quite rightly claim that the vehicle described is not yours. But you will probably not be successful in any attempts to avoid payment. If it goes to court, it will be judged as an acceptable error, which still determines that your car is in breach of the law, regardless of the faux pas.